bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Changes in and Challenges of Modern Diplomacy
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter discusses the changes in and challenges of modern diplomacy. It shows how the quarter-century since the end of the Cold War has seen a greater change in the methods if not the aims of diplomacy than in any period since Renaissance Italy. Yet it is one of the paradoxes of modern diplomacy that in a period when so much of it is conducted at summit level, the importance attached to establishing diplomatic missions in particular by newly independent countries has not diminished one whit. Nevertheless, summitry and multilateral diplomacy, the emergence of alternatives to conventional diplomacy, as well as the importance of the press and social media and the speed of communication have certainly recast the traditional diplomat’s role. Hence the contemporary diplomat not only has to possess a range of qualities and skills, but is expected to be familiar with many subjects, issues, and techniques.
Introduction to International Law
Authors: Wilmshurst Elizabeth 
Published: June 2017

Abstract
This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.
The State
Authors: Fox Hazel 
Published: June 2017

Abstract
This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.
Functions of Diplomatic Missions and Consulates
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.
Diplomatic Communication
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter discusses language and communications in the context of diplomacy. It first describes the language practices from the early days of diplomacy—particularly the use of Latin—before describing the modern practices. Nowadays, the right of the representative of every nation to use the official language of that nation is generally accepted. Furthermore, there is no universal rule making obligatory the use of one language rather than another, and practice even varies. The forms and means of official diplomatic communication are discussed next: Notes Verbales, collective notes, despatches, speaking notes, non-papers and démarches, and others. In addition, the chapter also considers megaphone diplomacy, the ‘rejection’ of diplomatic communications, and the correspondences between sovereigns and Heads of State.
Formal Aspects of Diplomatic Relations
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter sets out the titles, precedence, and other formal aspects of diplomatic relations. It begins with a historical background on the order of precedence among sovereigns and Heads of State and the disputes that have arisen in key diplomatic incidents throughout the centuries. It then looks into the titles and precedence of heads of mission, before turning to the two orders of precedence within the United Nations itself—the precedence between delegates and officials and the precedence between member countries. The rest of the chapter is largely devoted to the formal processes governing the ambassadors and other heads of mission. It discusses the selection and appointment of the heads of mission and other diplomatic staff, the limitations of diplomatic missions, multiple accreditation, and so on.
Terrorism and Diplomacy
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter discusses terrorism in the context of diplomacy. As far as diplomacy is concerned, attacks on diplomatic and consular missions and on diplomats are attacks on institutions which on the one hand enjoy inviolability under international law but on the other offer attractive targets simply because of their representative character. There can be no a priori definition of procedure to be applied if such attacks take place, although experience shows that capitulation leads only to an escalation in terrorist demands. The only way to work out any guidance on best practice is by taking examples and deducing from them such general advice as one can. Hence the chapter provides some case examples of destructive attacks on missions, the challenges on diplomacy with regards to terrorism, the suppression of terrorism, negotiations, and others.
Privileges and Immunities of the State, The Head of State, State Officials, and State Agencies
Authors: Fox Hazel 
Published: June 2017

Abstract
This chapter provides an account of the immunities of the State, its officials, and state agencies in international law. It first offers a general description of the plea of state immunity and a brief historical account of the development of the law of state immunity. Then it briefly sets out the law relating to the immunities of the State itself as a legal person, followed by the law applicable to its officials and to state agencies. In addition an account based on customary international law will be provided on the immunities of senior state officials. The chapter concludes by taking note of the extent to which the practice of diplomatic missions at the present time accords with requirements of state immunity law as now set out in written form in the 2004 UN Convention on the Jurisdictional Immunities of States and their Property.
Privileges and Immunities of Diplomatic Missions
Authors: Foakes Joanne , Denza Eileen 
Published: June 2017

Abstract
This chapter provides an overview of diplomatic privileges and immunities. Two fundamental rules of diplomatic law—that the person of the ambassador is inviolable and that a special protection must be given to the messages which are sent to and received from the ambassador’s sovereign—have been recognized from time immemorial among civilized States. The law of nations—now known as public international law—required States which accepted foreign diplomats to guarantee rights necessary to enable them to exercise their functions, including independence from local jurisdiction. It was important that ambassadors should not be afraid of traps or distracted by legal trickery. As such, the chapter discusses several areas where these privileges and immunities occur: the premises of the mission, the diplomatic asylum, the exemption of mission premises from taxation, the inviolability of mission archives, freedom of communications, the diplomatic bag, and freedom of movement.
Privileges and Immunities of Diplomatic Agents
Authors: Foakes Joanne , Denza Eileen 
Published: June 2017

Abstract
This chapter explores the immunities accorded to a diplomatic agent personally, as distinct from those dealt with in the previous chapter. These include personal inviolability and immunity from criminal, civil, and administrative jurisdiction. Unless entitled to some specific exemption by international agreement or by national law, a diplomatic agent is otherwise legally bound by the laws and regulations of the receiving State. Diplomatic agents are not exempt from the obligation to obey the local criminal law, or from the duty to pay debts, or to seek local planning permission before rebuilding their residences, or from local regulations regarding the maintenance and insurance of vehicles when driving. But if they break any of these laws, immunity means that they cannot be arrested or detained by the executive authorities of the receiving State and cannot be subjected to criminal trial or sued in civil proceedings before the judicial authorities of that State.
Human Rights
Authors: Clooney Amal 
Published: June 2017

Abstract
This chapter provides a general overview of international human rights law as well as the diplomat’s role in upholding human rights. Every State that is a member of the United Nations has made a commitment to uphold human rights. Today, a State’s human rights record is routinely scrutinized by the UN and in the media, and compliance with human rights obligations can define a State’s reputation and relations with other States. Diplomats are also increasingly involved in speaking out on behalf of their State about human rights abuses, whether or not these are committed against the State’s own citizens. They are also expected to respond to allegations of human rights abuses levelled against their government.
The United Nations—I the Charter and its Operation
Authors: Parry Emyr Jones 
Published: June 2017

Abstract
This chapter examines the charter, structures, organs, and operations that govern the inner workings of the United Nations. It also attempts to show how over more than 60 years a number of events and developments have affected the character and practices of the United Nations. Undoubtedly, the most important single development has seen the total membership grow nearly fourfold (50 to 193) in number. Of this latest number, a majority are former dependent territories. In addition, diplomats working within the UN system usually belong to a national mission in New York and elsewhere. This entails a specialized role, invariably concentrating on a particular topic or committee, and being the basic source of advice to the ambassador, and hence to the capital.
The United Nations—II Specialized Agencies, Funds and Programmes, Regional Commissions, and Special Bodies
Authors: Parry Emyr Jones 
Published: June 2017

Abstract
This chapter explores a wide collection of bodies falling within reach of the United Nations and its six organs—all of which come loosely under the headings Specialized Agencies, Funds and Programmes, Other Entities, and Related Organizations. The UN specialized agencies are not part of the United Nations, though they all have ‘relationship agreements’ with the UN and are regarded as part of the ‘UN family’. They are independent international organizations funded by both voluntary and assessed contributions. Funds and Programmes are usually set up by decisions of the General Assembly or the Economic and Social Council, or both. They are funded by voluntary contributions and have their own elected Executive Boards which report to the organ which created them. They also have no separate international legal personality.
The G8/G7, G20, BRICS, WTO, OECD, IMF, and the World Bank
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter examines a number of global financial institutions. The first is the Group of Eight (G8)—currently known as the Group of 7 (G7)—an informal international forum comprising seven of the world’s leading industrialized nations (US, Japan, Germany, France, UK, Italy, Canada) and Russia. Next, is the G20, which aims to expand the G8. BRICs represents the economies of Brazil, Russia, India, and China. The Organisation for Economic Cooperation and Development (OECD), meanwhile, is tasked with becoming an authoritative centre of research and initiative in economic thought and development. The International Energy Agency (IEA) has four main areas of focus: energy security, economic development, environmental awareness, and engagement worldwide. The World Trade Organization (WTO) is an institutional body which deals with trade liberalization. The International Monetary Fund (IMF) and the World Bank, both established in 1944, aim for international economic cooperation, with the latter focusing on development.
The European Union—II External Relations
Authors: Berman Paul 
Published: June 2017

Abstract
This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.
The International Court of Justice
Authors: Wilmshurst Elizabeth 
Published: June 2017

Abstract
This chapter showcases the International Court of Justice. Located in the Peace Palace at The Hague, the Court was established by the United Nations Charter as a forum for settling international disputes. It is now one of a number of international courts, but it remains the principal judicial organ of the United Nations. Most of the detailed provisions relating to its functions and powers are to be found in the Statute of the Court which is annexed to the UN Charter and forms an integral part of it. While few diplomats in the course of their careers are likely to appear before the Court as representatives of their governments, the use of the Court to settle disputes, and the impact of the Court’s decisions more generally, are significant features of the conduct of international affairs.
Prosecutions
Authors: Wilmshurst Elizabeth 
Published: June 2017

Abstract
This chapter concerns the International Criminal Court (ICC) and the ad hoc Tribunals for the former Yugoslavia and for Rwanda, as well as other courts with international elements. It begins with a discussion of the ICC, and then addresses more briefly the residual mechanism set up to deal with the remaining work of the two ad hoc Tribunals and finally, even more briefly, other courts with international elements. The ICC in particular was borne out of the success of the ad hoc Tribunals, although other courts with international elements have since been created. All these courts and tribunals share the characteristic that they have jurisdiction over individuals, not States, and their purpose is to investigate and prosecute for various international crimes. Of these courts and tribunals, the ICC is the only one with a substantial continuing caseload and is the only permanent international criminal court.
Public Diplomacy and its Offshoots
Authors: Fletcher Tom 
Published: June 2017

Abstract
This chapter discusses public diplomacy, particularly in the context of the digital age. Diplomats now have an increasingly public role to play in projecting their government’s message locally, not just by media appearances and newspaper articles, but by regular use of social media, blogging, Twitter, and evolving techniques. And though technological change has been largely beneficial, the chapter also points to the challenges that technology brings to the field. Diplomats will be part of the debate on our digital rights, tackling the toughest issues around trust and transparency, and helping to find the balance between freedom of expression and the rights of others. Governments will continue to lose their monopoly on information and influence. Secrets will become harder to justify and harder to keep. And in the midst these the role of diplomats is being transformed faster than at any point in history.
Non-Governmental Organizations (NGOs) and Violent Non-State Actors (VNSAs)
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter examines both non-governmental organizations (NGOs) and violent non-state actors (VNSAs). NGOs come in many shapes and sizes. Many have a charitable base and some will have humanitarian or human rights objectives; others focus on sustainable development and aid. Often their concern will be a single issue. Their objectives are focused and invariably single-minded, less able or willing to take into account other aspects. As a result, their relationship with governments, although sometimes harmonious, may be one of tension and occasionally confrontation. VNSAs, meanwhile, represent other categories of non-state actors whose activities are at the opposite pole to those whose benign activity has been described above and where states have lost their monopoly. Their categories number warlords, militias, insurgencies, and criminal organizations, including pirates and people traffickers.
Secret or Back-Channel Diplomacy, Secret Intelligence, Religious and other Unconventional Diplomatic Actors
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter covers unconventional diplomatic actors. Secret or back-channel diplomacy can be described as a line of diplomatic communication which bypasses the normal diplomatic channels, in order to maximize secrecy and avoid opposition to a new line of policy. Secret intelligence, in contrast, is distinguished by intelligence gathering, and is conducted by intelligence officers rather than diplomats or ministers. Religious diplomacy presents another category of unconventional diplomacy, as religious bodies remain active in international relations due largely to their spiritual and humanitarian concerns. Security consultancies also offer a different kind of diplomacy, by providing their business-orientated political analysis to companies and on occasion governments and mediating in areas where governments fear to tread. Finally, multinational corporations are also involved in diplomatic activity.
International Conferences
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter discusses international conferences in the more formal sense of high-level meetings of state representatives for the discussion or settlement of questions of international concern. Many of the functions served by international conferences are nowadays equally capable of being performed either by a separate conference convened for a specific purpose or alternatively through the medium of a plenary gathering of the principal organ of an international organization. A common solution is for a conference to be convened by decision of an international organization, but to take place separately from the meetings of the organization itself. One increasingly common modern format is for multilateral treaty arrangements to provide for periodic ‘Conferences of the Parties’. These may be simply for reviewing the operation of the treaty, or they may have specific functions conferred on them by the parent treaty for the modification, amendment, or supplementation of the treaty arrangements themselves.
Treaties and other International Instruments—III Pact, Act, Modus Vivendi , Declaration, Exchange of Notes, Memorandum of Understanding
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter continues the typology of treaties begun in the previous chapter. ‘Pacts’ in an international context refer to formal agreements between States. ‘Act’ meanwhile constitutes a piece of international law-making and may embody the decisive terms of the treaty complex. ‘Modus vivendi’ is used for a temporary or provisional agreement. ‘Declarations’ may be defined under the general heading of ‘unilateral acts’. The treaty concluded in the form of an Exchange of Notes or letters is the most frequently used device for formally recording the agreement of two governments upon all kinds of transactions. An MOU records international ‘commitments’, but in a form and with wording which expresses an intention that it is not to be legally binding. Finally, the term ‘Final Act’ is normally used to designate a document recording the formal summary of the proceedings and outcome of an international conference.
Recent Cases on Deposit Guarantee Schemes
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
The 2008–11 Icelandic financial crisis involved the collapse of all three of the country’s major banks. All domestic assets were transferred to new public-owned domestic versions of the banks, while leaving the foreign parts in receivership and liquidation. The Icesave case relates to the dispute between Iceland, on the one hand, and the United Kingdom and Netherlands, on the other, over the protection of depositors with the UK and Dutch branches. A few years later, in Cyprus, a €10 billion international bailout by the Eurogroup, European Commission, European Central Bank, and International Monetary Fund was announced, in return for Cyprus closing its second-largest bank, the Cyprus Popular Bank, and imposing a one-time bank deposit levy on uninsured deposits of the Cyprus Popular Bank and the Bank of Cyprus. This chapter discusses the two cases, focusing on their impact and the lessons learnt in relation to deposit insurance arrangements.
Arab Monetary Fund v Hashim and others, 21 February 1991, United Kingdom House of Lords, 85 ILR 1
Authors: Schmalenbach Kirsten 
Published: June 2017

Abstract
This article examines the question of what is the legal basis for granting foreign international organizations legal personality under the law of a state which is neither a party to the founding instrument nor the host state. In the considered case the House of Lords was faced with the task of deciding on the legal personality status of the Arab Monetary Fund (AMF) after the organization instituted fraud proceedings against a former Director General in the United Kingdom. As the founding treaty of the AMF had not been incorporated into UK law, the organization was not recognized under domestic law. The House of Lords took recourse to the federal decree of the United Arab Emirates (UAE) which had granted the AMF domestic legal personality.
Cases 7/56 and 3/57–7/57, Algera, Court of Justice of the EC, [1957–8] ECR 39 and Case C-327/91, France v Commission, Court of Justice of the EC, [1994] ECR I-3641
Authors: Klabbers Jan 
Published: June 2017

Abstract
This note discusses two classic decisions of the CJEU involving the (possible) annulment of administrative measures. In Algera, it concerned an employment decision; in France v Commission, the decision to adopt an informal international agreement. The Court on both occasions sketches some of the requirements, and both cases shed an intriguing light on the ever-problematic relationship between EU law and international law.