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The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Including chapters from some of the leading experts in the field this Handbook provides a full overview of the nature and challenges of modern diplomacy and includes a tour d'horizon of the key ways in which the theory and practice of modern diplomacy are evolving in the 21st Century.
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
This book shows how changing diplomatic practices are central in explaining key dimensions of world politics, from law to war.
•Entries written by renowned diplomatic and military historians as well as key scholars in international relations •Provides assessments and analyses of key episodes, issues and actors in the military and diplomatic history of the United States •Based on the award-winning Oxford Companion to United States History •Comprehensive collection of entries that span the founding of the U.S. to its present state •Offers a wide range of perspectives to provide an encompassing context of the United States' military and diplomatic legacies •Expansive bibliographies and suggested readings for each article to aid in research The Oxford Encyclopedia of American Military and Diplomatic History, a two-volume set, will offer both assessment and analysis of the key episodes, issues and actors in the military and diplomatic history of the United States. At a time of war, in which ongoing efforts to recalibrate American diplomacy are as imperative as they are perilous, the Oxford Encyclopedia will present itself as the first recourse for scholars wishing to deepen their understanding of the crucial features of the historical and contemporary foreign policy landscape and its perennially martial components. Entries will be written by the top diplomatic and military historians and key scholars of international relations from within the American academy, supplemented, as is appropriate for an encyclopedia of diplomacy, with entries from foreign-based academics, in the United Kingdom and elsewhere. The crucial importance of the subject is reflected in the popularity of university courses dedicated to diplomatic and military history and the enduring appeal of international relations (IR) as a political science discipline drawing on both. The Oxford Encyclopedia will be a basic reference tool across both disciplines - a potentially very significant market. Readership: University-level undergraduate and graduate students in History
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.
This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.
The Oxford Handbook of International Relations offers the most authoritative and comprehensive overview to date of the field of international relations. Arguably the most impressive collection of international relations scholars ever brought together within one volume, the Handbook debates the nature of the field itself, critically engages with the major theories, surveys a wide spectrum of methods, addresses the relationship between scholarship and policy making, and examines the field's relation with cognate disciplines. The Handbook takes as its central themes the interaction between empirical and normative inquiry that permeates all theorizing in the field and the way in which contending approaches have shaped one another. In doing so, the Handbook provides an authoritative and critical introduction to the subject and establishes a sense of the field as a dynamic realm of argument and inquiry. The Oxford Handbook of International Relations will be essential reading for all of those interested in the advanced study of global politics and international affairs.