Diplomatic Para-citations

Diplomatic Para-citations
Author: Sam Okoth Opondo
Publisher: Rowman & Littlefield
Total Pages: 662
Release: 2022-02-09
Genre: Political Science
ISBN: 178661586X

Taking seriously the critical conception of diplomacy as the mediation of estrangement, Diplomatic Para-citations turns to the politics and laws that tie modern diplomacy to colonial cultures and the ‘genres of Man’ that they privilege. In an attempt to read ‘the diplomatic’ from the African postcolony, the book probes the injunction at the center of the law of genre that states that “genres are not to be mixed.” This enables it to investigate the citational/recitational forms of knowledge and practices of recognition that reproduce the diplomatic and colonial order of things in the African context. Through a reading of literature, philosophy, and a multiplicity of everyday practices in Africa and its diasporas, Sam Okoth Opondo explores amateur diplomatic practices that provide a counterforce to laws that prescribe faithfulness to a norm/form while proscribing the mixing of genres.

Critical Methods for the Study of World Politics

Critical Methods for the Study of World Politics
Author: Shine Choi
Publisher: Routledge
Total Pages: 316
Release: 2019-12-05
Genre: Political Science
ISBN: 1000710769

This book develops an approach to both method and the socio-political implications of knowledge production that embraces our embeddedness in the world that we study. It seeks to enact the transformative potentials inherent in this relationship in how it engages readers. It presents a creative survey of some of the newest developments in critical research methods and critical pedagogy that together go beyond the aims of knowledge transfer that often structure our practices. Each contribution takes on a different shape, tone and orientation, and discusses a critical method or approach, teasing out the ways in which it can also work as a transformative practice. While the presentation of different methods is both rigorously practice-based and specific, contributors also offer reflections on the stakes of critical engagement and how it may play an important role in expanding and subverting existing regimes of intelligibility. Contributions variously address the following key questions: What makes your research method important? How can others work with it? How has research through this method and/or the way you ended up deploying it transformed you and/or your practice? How did it matter for thinking about community, (academic) collaboration, and sharing ‘knowledge’? This volume makes the case for re-politicizing the importance of research and the transformative potentials of research methods not only in ‘accessing’ the world as an object of study, but as ways of acting and being in the world. It will be of interest to students and scholars of international relations, critical theory, research methods and politics in general.

Diplomatic Law

Diplomatic Law
Author: Eileen Denza
Publisher: Oxford University Press
Total Pages: 472
Release: 2016
Genre: Law
ISBN: 0198703961

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.

Litigating War

Litigating War
Author: Sean D. Murphy
Publisher: Oxford University Press
Total Pages: 1061
Release: 2013-03-27
Genre: Law
ISBN: 019932414X

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

Diplomatic Interference and the Law

Diplomatic Interference and the Law
Author: Paul Behrens
Publisher: Bloomsbury Publishing
Total Pages: 491
Release: 2016-05-05
Genre: Law
ISBN: 1509902783

Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference. ''A book that is here to stay! It is essential reading for diplomats, academics, journalists, students and everyone who has an interest in international law and justice. Based on rigorous research, Paul Behrens' book offers new and thoughtful perspectives on the Vienna Convention on Diplomatic Relations which we drafted in 1961. It demonstrates just how important it is to have a lawyer of his impartiality and integrity if we want to reach peaceful and lasting solutions in international relations. Diplomatic Interference and the Law has the makings of an instant classic, and I have no doubt that it will pave the way for the sorely needed reform of diplomatic law.'' Dr Nelson Iriñiz Casás, Vice President of the Committee of the Whole of the Vienna Conference on Diplomatic Relations in 1961; former Head of the diplomatic missions of Uruguay to Austria, Czechoslovakia, Hong Kong, Denmark and Sweden; author of Corrupción en la ONU. ''Dr Behrens's book rigorously analyses the legal doctrine of non-interference by diplomats in their hosts' internal affairs, and how it may conflict with legal obligations to combat, for example, denial of self-determination and breaches of human rights. Exhaustively researched and in accessible language, with copious, often entertaining examples, it will be an indispensable guide for diplomats. "Behrens on diplomatic interference" will be cited as the definitive authority on the matter for the foreseeable future. I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.'' Sir Brian Barder KCMG, BA (Cantab.), is a former British ambassador to Ethiopia, Bénin and Poland and High Commissioner to Nigeria and Australia. ''Paul Behrens' book breaks new ground. It is the first study to focus on the vexed question of diplomatic 'meddling' in the domestic affairs of the receiving State. It has heightened topicality as many Western governments in their concern to promote human rights and democracy urge their diplomats to be active in their support of civil society, particularly in countries with authoritarian governments. This book is replete with case studies covering the 50 years since the signature of the Vienna Convention and provides an invaluable pathway through this legal minefield.'' Sir Ivor Roberts KCMG FCIL, President of Trinity College, Oxford; Former British Ambassador to Yugoslavia, Ireland and Italy

The World Court Reference Guide and Case-Law Digest

The World Court Reference Guide and Case-Law Digest
Author: Bimal Patel
Publisher: Martinus Nijhoff Publishers
Total Pages: 1194
Release: 2014-04-10
Genre: Law
ISBN: 9004261893

This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: “Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."

Servants of Diplomacy

Servants of Diplomacy
Author: Keith Hamilton
Publisher: Bloomsbury Publishing
Total Pages: 300
Release: 2021-01-14
Genre: History
ISBN: 1350159174

Servants of Diplomacy offers a bottom-up history of the 19th-century Foreign Office and in doing so, provides a ground-breaking study of modern British diplomacy. Whilst current literature focuses on the higher echelons of the Office, Keith Hamilton sheds a new light on the administrative and social history of Whitehall which have, until now, been largely ignored. Hamilton's examination of the roles and actions of the Foreign Office's domestic staff is exhaustive, with close attention paid to: the keepers of the office, keepers of the papers, the carriers of the papers and the efforts made to adapt to growing technological changes. Hamilton's exhaustive analysis also focuses on the reforms of 1905-06 and the Queen's Messengers during wartime. Drawing extensively from Foreign Office and Treasury archives and private manuscript collections, this is essential reading for anyone with an interest of British diplomatic history.

Diplomatic Law in a New Millennium

Diplomatic Law in a New Millennium
Author: Paul Behrens
Publisher: Oxford University Press
Total Pages: 433
Release: 2017-07-04
Genre: Law
ISBN: 0192515667

The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.