Melis Yeniceler - 13 April 2022 - Comments

What Is Dıplomacy?

Diplomacy, in its most basic form, refers to the negotiation-based administration of international relations; it is also the process through which these connections are deliberately and wisely altered and maintained. The principles of international law governing diplomatic relations are at the most formal end of the spectrum of international communication and are the result of long-established state practice reflected in treaties, national legislation, and court decisions. The law has now been largely codified in the Vienna Convention on Diplomatic Relations. Diplomacy\'s primary goal is to prevent conflict or war to the greatest extent possible; yet, if war does break out, diplomacy takes on a new shape to safeguard and promote a state\'s \"National Interest.\" Diplomacy entails influencing other actors to do what you desire. Diplomacy may need to be supported with other tools to be effective, but negotiation skills are essential to the art of diplomacy. Hard power is coercive authority that is implemented through military threats and economic inducements and is based on actual resources such as an army or economic might. Soft power, on the other hand, is persuasive power based on attraction and emulation and founded on intangible resources such as culture. We can say both of them plays a role in the diplomacy. Diplomacy and law are interconnected in various respects and have traditionally been regarded as complementary aspects of international civilization. Diplomatic law is a branch of international law that deals with diplomacy and the rights and duties of state representatives on the territory of other countries. The vast body of diplomatic law stems from one of the oldest foundations of customary international law, that of state sovereignty and sovereign immunity. The Vienna Convention on Diplomatic Relations is an important source of diplomatic law. The 1961 Vienna Convention on Diplomatic Relations is an international convention that establishes a framework for diplomatic relations between independent states. This serves as the legal foundation for diplomatic immunity. Its articles are regarded as a pillar of modern international relations. The Vienna Convention on Diplomatic Relations separates chiefs of diplomatic missions into three categories based on their precedent: Ambassadors or Nuncios Envoys, Ministers and internuncios Charges d’affaires are accredited to ministers for foreign affairs The diplomatic missions\' functions are as follows: 1. Representing the sending State in the receiving State; 2. Protecting the interests of the sending State and its citizens in the receiving State, within the limitations authorized by international law; 3. Negotiating with the recipient state\'s government; 4. Ascertaining circumstances and developments in the receiving State using all legitimate methods and reporting them to the Government of the sending State; 5. Promoting friendly ties between the sending and receiving states, as well as promoting their economic, cultural, and scientific contacts. ) A diplomat is a person who works in diplomacy. A diplomatic mission led by an ambassador is known as an embassy, with the exception of permanent posts at the United Nations, the Organization of American States, or other multilateral organizations, which are also led by ambassadors. Diplomatic and consular immunities are legal advantages granted to diplomats and consular personnel. They include immunity from criminal prosecution and exemption from paying taxes in the host country. Embassies, consular posts, and unconventional resident missions such as interests sections and representation offices are examples of bilateral diplomacy. Whereas, ad hoc and standing conferences are examples of multilateral diplomacy. Questions of process include venue, membership, agenda, openness, and, most importantly, decision-making. The victory of “consensus-making” and its varied ways. Diplomatic immunity is a type of legal protection that assures diplomats are granted safe passage and are not subject to lawsuits or punishment under the laws of the host nation, however they may still be expelled. Many diplomatic immunity concepts are now recognized customary law. Members of diplomatic missions and diplomatic couriers are immune from arrest and prosecution for any criminal offense. The mission\'s premises and diplomatic luggage are inviolable and cannot be accessed unless privilege is waived. Diplomatic immunity” is a notion of international law that states that some officials from foreign countries are not subject to the jurisdiction of the host country\'s courts and authorities for their official conduct. Top diplomatic personnel, as well as their deputies and families, have complete immunity. That means ambassadors may commit almost any crime and not face punishment. They cannot be detained or compelled to testify in court. But it should not be forgotten that according to Article 41 of the VCDR, all diplomats must obey the laws and rules of the receiving State.