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This book shows how changing diplomatic practices are central in explaining key dimensions of world politics, from law to war.
During his long career in the Foreign Service of his native Cyprus, Ambassador Andrew Jacovides has combined the practice of diplomacy with an abiding interest in international law. Having been an outstanding student at the University of Cambridge and Harvard Law School, he represented the Republic of Cyprus from its inception at the United Nations, other international organizations, in Washington, D.C. (rising to the position of Dean of its Diplomatic Corps) and to just reunited Germany, among other postings. Parallel to this, he has been an active international lawyer, contributing to the promotion of international law at such major conferences as the Law of Treaties and the Law of the Sea, as a three-term elected member of the U.N. International Law Commission, and at the Legal (Sixth) Committee of the General Assembly. He has also been a UNCC Commissioner, a Dormant Swiss Accounts Tribunal and ICSID (World Bank) Arbitrator and a banker (Bank of Cyprus). International Law and Diplomacy is a distillation of his contribution to international law and diplomacy for the past half century. It will provide useful insights for international lawyers, diplomats, United Nations officials, and students of public affairs. It is also a must read for those interested in the Cyprus problem.
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.
In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations. It: includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, Rapporteur and Uti Possidetis Juris) clearly relates the conduct of diplomacy to the principles of international law. This volume will appeal to graduate and undergraduate students studying diplomacy, public administration and international relations courses as well as practising diplomats, international organization and foreign ministry officials and those who have regular dealings with them.
Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.
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.
This is a most curious work as it offers an analysis that now seems frozen in amber. Drawing on the example of Le Fur's Etude sur la Guerre Hispano-Americaine de 1898, Envisagee au Point de Vue du Droit International Public (1899) and similar studies, Benton set out to provide an exploration of Spanish-American relations prior to and during the war. This work is critical, but it leans heavily toward a pro-American point of view. He concludes, for instance, that American military and diplomatic objectives were achieved to varying degrees, that at the end of the conflict Cuba was granted complete sovereignty, and that the treaty of peace was fulfilled. Most curiously for the modern scholar, he ends with the recognition that "the occasion of the recent intervention provided for in the Platt Amendment is outside the scope of this work" (291). Benton was a professor of History at Western Reserve University.
This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.
With a Foreword by Dame Rosalyn Higgins, this book offers useful insights into topical areas of international law and the interaction of law and diplomacy, as exemplified by the Cyprus Problem on which the author has particular expertise.