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International Law and Diplomacy

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Public international law
 Public international law can be defined as a body of
legal rules governing interactions between sovereign
states and other entities operating in the international
arena.
 It refers to those laws, rules, and principles of general
application that deal with the conduct of nation states
and international organizations among themselves
as well as the relationships between nation states and
international organizations with natural and juridical
persons.
The earliest expressions of
international law
 The earliest expressions of international law were the
rules of war and diplomatic relations.
The subject matter of international
law
As contacts between states became more frequent, the
subject matter of international law extended and today
it covers a wide range of topics, such as:
 human rights
 environment
 health
 science and technology
 international economic law
 the law of armed conflict and international security
 humanitarian law...
Sources of public international law
1.
2.
3.
4.
Treaties and international conventions (written
agreements concluded by two or more sovereign
nations or by a nation and an international
organization)
Customary international law
General principles common to systems of national
law
Subsidiary means (court decisions and doctrines)
International relations
 International relations can be defined as the study of
the relations of the states with each other and with
international organizations
 a branch of political science concerned with relations
between nations and primarily with foreign policies
International organizations
An international organization is an organization with an
international membership, scope, or presence.
There are two main types:
 International nongovernmental organizations (INGOs):
non-governmental organizations(NGOs) that operate
internationally (e.g. Red Cross).
 Intergovernmental organizations, also known as
international governmental organizations (IGOs): the type of
organization most closely associated with the term 'international
organization', these are organizations that are made up primarily
of sovereign states (referred to as member states). Notable
examples include the United Nations (UN), Organization for
Security and Co-operation in Europe (OSCE), Council of Europe
(COE), International Labour Organization (ILO) and
International Police Organization (INTERPOL).
The International Court of Justice
(ICJ)
 The principal judicial body of the UN
 Its seat is in The Hague (Netherlands)
 Began its work in 1946
 Composition: 15 judges elected to nine-year terms of
office by the UN General Assembly and Security
Council
Functions of the ICJ
 To settle in accordance with international law the legal
disputes submitted to it by States
 To give advisory opinion on legal questions referred to
it by authorized international organs and agencies
The ICJ adjudication
 The statute of the International Court of Justice, states
that the basis on which it adjudicates cases before it
are international treaties, international custom as
evidence of a general practice accepted as law, and the
general principles of law recognized by civilized
nations as well as judicial decisions and the teachings
of jurists as subsidiary means for the determination of
rules of international law.
 https://www.youtube.com/watch?v=DME-wfbt08c
Diplomacy
 Diplomacy is the established method of influencing
the decisions and behaviour of foreign governments
through dialogue, negotiation, and other peaceful
means.
History of diplomacy
 Historically, diplomacy meant the conduct of official
(usually bilateral) relations between sovereign states.
 By the 20th century the diplomatic practices pioneered
in Europe had been adopted throughout the world,
and diplomacy expanded to cover summit meetings
and international conferences, parliamentary
diplomacy, the international activities of
supranational and subnational entities, unofficial
diplomacy and the work of international civil servants.
Foreign policy v. diplomacy
 Diplomacy is the main, but not the only, instrument of
foreign policy, which is set by political leaders. Foreign
policy establishes goals, prescribes strategies, and sets
the broad tactics to be used in their accomplishment.
 Foreign policy is generally declared publicly, while
most diplomacy is conducted in confidence
 https://www.youtube.com/watch?v=_3qJgmrBNOQ
Aim of diplomacy
 Diplomacy is the principal substitute for the use of
force; its aim is the peaceful settlement of differences
between states.
 Its primary tools are international dialogue and
negotiation, largely conducted by accredited envoys
and political leaders.
 https://www.youtube.com/watch?v=EQoJQmu9gu4
The purpose of diplomacy
 The purpose of diplomacy is to strengthen the state,
nation, or organization it serves in relation to
others by advancing the interests in its charge.
 It strives to preserve peace; diplomacy is strongly
inclined toward negotiation to achieve agreements and
resolve issues between states.
Diplomacy and war
 When diplomacy fails, war may ensue; however,
diplomacy is useful even during war. It contrives war’s
termination, and it forms, strengthens, and sustains
the peace that follows conflict.
The Vienna Convention on
Diplomatic Relations (1961)
 The Vienna Convention on Diplomatic Relations (1961) is
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fundamental to the conduct of foreign relations and it ensures
that diplomats can conduct their duties without threat of
influence by the host government. In particular, the Convention
establishes the following rules for the appointment of foreign
representatives;
the inviolability of mission premises;
protection for the diplomat and his or her family from any form
of arrest or detention;
the protection of all forms of diplomatic communication;
the basic principle of exemption from taxation;
immunity from civil and administrative jurisdiction, with
limited exceptions; and
that diplomats must respect the laws of the host state.
Read the text and complete the following statements:
 The subject matter of international law has extended




and today it covers a wide range of topics, such
as_________________.
Public international law can be defined as the body of
rules that regulate relations between
_______________.
Sources of international law include _______________.
The International Court of Justice is the judicial arm of
the ___________________.
Some of the best known international organizations
are ______________________.
Fill in the blanks with the appropriate nouns from the
list below:
sources, individuals, relations, treaties, rules, states
 International law can broadly be defined as the body
of ______________ that regulates
___________________ between states and the rights
and duties of _________________ in their relations to
foreign ________________ and with each other.
International customs and _______________ are
generally considered to be the most important
_________________ of international law.
Supply the missing prepositions:
 The Vienna Convention on Diplomatic Relations
establishes the rules ____ the appointment of foreign
representatives, the inviolability ___ mission premises,
protection for the diplomat and his or her family
______ any form of arrest or detention, the protection
of all forms ____ diplomatic communication, the basic
principle of exemption________ taxation and
immunity from civil and administrative jurisdiction,
_________ limited exceptions.
Match the terms with their
definitions:
TERM
DEFINITION
Diplomacy
A messenger or a representative, especially one on a diplomatic
mission.
Negotiation
Plan of action adopted by one nation in regards to its diplomatic
dealings with other countries.
Foreign policy
Instrument by which a state (or, by extension, an organization or
individual) attempts to achieve its aims, in relation to those
of others, through dialogue and negotiation
Envoy
Mutual discussion and arrangement of the terms of a transaction
or agreement.
Decide whether the following statements are true (T) or
false (F). If false, provide the correct information.
1.Historically, diplomacy meant the conduct of official
relations between sovereign states.
2.Diplomacy is the only instrument of foreign policy.
3.Diplomacy is always conducted publicly.
4.Diplomacy strives to achieve the non-violent
resolution of disputes and expanded cooperation
between states.
Complete the phrases with an appropriate verb from
the box below and translate them into Croatian.
 1.
 2.
 3.
 4.
 5.
 6.
prescribe
resolve
preserve
establish
achieve
safeguard
to ____________ goals
to ____________ strategies
to ____________ objectives
to ____________ national independence, security
and integrity
to ____________ peace
to ____________ issues between states
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