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International Diplomacy. International College Khon Kaen University Week 5 – The Rules and Practice of Diplomacy . Diplomatic Practice. International diplomacy has its own set of rules and common practices to facilitate the process of communication and negotiation between states
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International Diplomacy International College KhonKaen University Week 5 – The Rules and Practice of Diplomacy
Diplomatic Practice • International diplomacy has its own set of rules and common practices to facilitate the process of communication and negotiation between states • Many of these rules of engagement are codified in the Vienna Convention on Diplomatic Relations (1961) • Other common practices are accepted as standard even though they are not codified
Diplomatic Practice • Common diplomatic practices that we will look at this week: • Recognition of states • Recognition of governments • Diplomatic accreditation and cross-accreditation • Diplomatic privileges and immunities • Diplomatic passports • Diplomatic protocol
Diplomatic Practice - Recognition • Diplomatic recognition of states occurs when one state acknowledges another state which: • has a permanent population • has defined boundaries • has a government which can maintain effective control over its territory • This “recognition” is normally extended through an explicit announcement • The recognition can also be implied from the willingness of the two states to work together
Diplomatic Practice - Recognition • The recognition of states is different from the recognition of governments • The recognition of governments refers to a state’s willingness to acknowledge the legitimacy of a new government, particularly when that new government came to power through a coup or civil war • Most countries do not now formally acknowledge new governments
Diplomatic Practice - Recognition • Recognition of a state is a prerequisite for the two states to have diplomatic relations • Diplomatic recognition also extends to recognizing disputed territories (such as the annexation of Tibet to China) • Examples of “states” which do not enjoy wide international recognition: • The Republic of China (Taiwan) • Western Sahara • Kurdistan
Diplomatic Practice - Accreditation • Diplomatic relations requires the formal acceptance of specified diplomats as representatives of the sending state • This process of formal acceptance of each diplomatic representative is called diplomatic accreditation
Diplomatic Practice - Accreditation • In relations conducted through an embassy or permanent mission, accreditation occurs when a new Ambassador hands over a letter from his own Head of State to the Head of State of the country where he is to work • This letter is called a “letter of credence” • The handing over of this letter often involves a formal and elaborate ceremony
Diplomatic Practice – Accreditation • Ambassadors of smaller countries are often accredited to two or more countries in the same region • This is called cross-accreditation • The Ambassador has his residence and Embassy in one country, but travels to the other countries of accreditation as required (most often around twice a year)
Diplomatic Practice - Accreditation • In relations conducted through intergovernmental organizations and international conferences, there is a simpler process of accreditation • Each official delegation presents to the IGO or conference organizer a letter which includes a list of members of the delegation authorized by the sending government to represent it
Diplomatic Practice – Privileges and Immunities • Diplomats who are formally accredited to another country are granted: • specified privileges (rights, special treatment), • specified immunities(exemptions from the laws of the country where they are accredited) • These privileges and immunities are defined in the Vienna Convention on Diplomatic Relations (1961)
Diplomatic Practice – Privileges and Immunities • Privileges relate primarily to: • the free movement of diplomatic information (mail bags, electronic communications, personal luggage, etc) across borders • exemption from payment of customs duties, tariffs and other government taxes • Immunities include: • Exemption of diplomats from local legal jurisdiction • Exemption of the embassy grounds and building from local legal jurisdiction
Diplomatic Practice – Privileges and Immunities • Privileges and immunities allow diplomats to carry out their work in safety and without interference from the host country • Consuls-general and consuls do not enjoy the full range of privileges and immunities as diplomats as their roles are more limited • Consular privileges and immunities are defined in the Vienna Convention on Consular Relations (1963)
Diplomatic Passports • There are two special classes of passport issued to government employees travelling on official business: • Diplomatic passports • Official passports • Each country has slightly different rules about who qualifies for these special passports, and when they can be used
Diplomatic Passports • Because of the prestige of a diplomatic passport, Asian countries often issue them to “important” people who do not have a diplomatic role • Normally family members of diplomats and officials travelling on government business can also be issued with these special passports • The holders of diplomatic and official passports still need visas to enter other countries
Diplomatic Practice – Protocol • Diplomatic protocol is a set of generally accepted rules to: • specify required standards of respect and courtesy • determine seniority amongst members of the diplomatic community • Diplomatic protocol covers a wide range of issues, including: • Order of precedence • Seating arrangements • Diplomatic communications (between embassies and between an embassy and a foreign government) • Dress
Diplomatic Practice – Protocol • These protocol rules are intended to avoid disputes and offence, particularly between diplomats • The protocol order amongst representatives of the same rank at any public occasion or meeting is determined by the date on which the Ambassador presented his credentials • Protocol is more relaxed at international conferences and in intergovernmental organizations