DEVELOPMENT AND PRACTICE OF DIPLOMACY: DEFINITIONS, VIENNA CONVENTION OF 1961

DEFINITION OF DIPLOMACY

The definition of diplomacy has been very belligerent in nature, that is, there have been various definitions of diplomacy by different scholars from different fields of study. however we shall examine these definitions, how it relates to international relations, and how it is applicable to the vienna convention of 1961.

according to the longmans dictionary of contemporary english diplomacy is "the art and practice of establishing and cntinuing relationss between nations as wellas skill at dealing with people and getting them to agree with your views and opinions". 

In roger scrutons a dictionary of political thought, diplomacy is defined as the art of conducting negotiations between states. diplomacy is seen as amood of settling disputes without recourse to force or to international law. diplomacy is therefore about persuation. 

the most acceptable definition recognised worldwide is the definition of sir Ernest satow. he defines diplomacy as the "application of intelligience and tact to the conduct of official relations between the government of independent states, extending sometimes also to their relations with vassal states, or more briefly still the conduct of business between states by peaceful means".

Garden says diplomacy encompasses the entire system of interests which sustain relations established between nations. It has as its object their security, tranquility and dignity. Its direct and immediate goal is or must be at least the maintenance of peace and good harmony between powers, that is, the main focus and aim of diplomacy among states is based on mutual interest which must be obliged to and must be met so as to avoid breach in agreement.

Like I said earlier on, the different definitions of diplomacy reflect the divergent views of practitioners and writers. Nonetheless we have to consider the recurring features in most of the definitions. From the definitions presented above, we can see that diplomacy is an art that requires skill, it presupposes that there are diplomatic agents, ambassadors, envoys that are skilled in the management of state elations. It can be seen therefore that diplomacy is about ensuring interstate relations in an atmosphere of peace and mutual trust. The professionals who perform these tasks are called DIPLOMATS.

ORIGIN OF DIPLOMACY

The origin of the word “diplomacy” has been traced to the Greek word “Diploun” which means to fold. During the time of the roman empires, the way bills, state papers, official documents and passports were scribbled on metal plates, folded and sewn in a peculiar manner. They were called diplomas. The folded official documents issued by princes in the 17^th centuries were also called diplomas. The term diplomacy is derived from the French word Diplome , etymologically of Greek origin adopted into Latin.

As representatives of his prince (state), the diplomatic agent (the diplomat) is working for the interest of the sending state while he is doing this he does not jeopardize the interest of the receiving state, meaning that, his mission in the receiving states is to protect the interest of the sending state and at the same time enticing the receiving state thereby making the interest of both states based on mutual gains and interest. This seeming contradiction in the role of the diplomat is what makes the British ambassador Sir Henry Watton to remark albeit humorously that “an ambassador is an honest man who is sent to lie abroad for the good of his country”. This simple remark cost him his job as an ambassador but it nevertheless captures something of the essence of the role of the diplomat. As a representative of his government and its interest abroad, a heavy responsibility rests on the shoulders of the diplomatic agent, in dexterously maintaining relations with a foreign state and her representatives.

Diplomacy therefore is an instrument among other, of foreign policy, through which the defined objectives are attained laid down by the policy makers with strict application of rules by experts trained in or experienced in interstate interactions. It is however imperative to note that diplomacy is central to the study of international relations even during war and better still during the time of peace.

The Greeks devised two methods of conducting international affairs. Firstly by imposition of peace by force and creating a powerful state through such force, the romans were to try this method later. Secondly by maintaining balance of power through the establishment of a system of independent states controlling ach others activities by virtue of peaceful treaties which aimed at settlement of disputes by adjudication. The Greeks were by far above the romans in building civilized relations between states.

FUNCTIONS AND LIMITATIONS OF DIPLOMACY

If diplomacy embraces the totality of the complex methodology employed in the intercourse of states, it functions to ensure the maintenance of and the continuity of interstate relations. Both in war and peace, states negotiate and bargain, they give concessions and engage in arm twisting strategies, diplomacy is and has always been central to international relations.

THE CONGRESS OF VIENNA

The congress of Vienna was a milestone in the history of diplomacy. Following the Napoleonic wars, the European conveyed in 1815 in Vienna to spell out new approaches to the conduct of the business of states across boundaries. The congress brought about radical changes and reforms in the prevailing diplomatic principles and procedures.

Diplomatic agents were classified under three heads, the congress of aix la chapelle (1818) added a fourth class

i.                   Ambassadors, papal legates and nuncios,

ii.                 Minister plenipotentiary and envoys extra-ordinary

iii.              Minister resident

iv.              Charge d’affairs

The congress standardized the order of precedence to be determined by the date of accreditation of the envoy or his arrival in the receiving state according to the practice. It was also agreed that the doyen of diplomatic corps or the dean of the diplomatic body should be either the senior most ambassador in the receiving state or the ambassador of Vatican City which is supposed to be the temporary chief amongst all Christian states. After Vienna, diplomatic service came to be recognized as an honorable profession in the pursuit of peace.

VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961

Vienna is important for diplomatic discourse for another reason. This is due to the convention on diplomatic relations which it hosted in 1961. This convention convened in April 1961 was to translate the report of the international law commission on diplomatic relations (on UN invitation) into an accepted code. The UN general assembly invited member states and other international bodies to participate in this convention. The convention on diplomatic intercourse and immunities was attended by eighty one states and international agencies like the international Labor organization (ILO), food and agriculture organization (FAO), united nations education scientific and cultural organization(UNESCO) amongst other. The draft of the law commission was extensively discussed and the convention on diplomatic relations was adopted on 18^th of April, 1961. It is envisaged to ensure the efficient performance of the functions of diplomatic relations as representing states and not to benefit individuals. Its preamble states that on questions not expressly regulated by the provision of the convention, the rules of customary international law continue to govern.

The convention consists of 53 articles and a preamble.

Articles 1-19 deals with the establishment of a diplomatic mission, the functions of a diplomatic mission, the right of and the procedures adopted in submitting the panel of names, selection, appointments, presentation of credentials, classification of diplomatic agents and precedents interalia.

Articles 20-28 deals with the immunities and privileges of the diplomatic mission and the exemption that the mission is entitled in respect of national, regional or municipal taxes.

Articles 29-36 deals with the immunities and privileges that a diplomatic agent and his staff are entitled in respect of inviolability, criminal , civil and administrative jurisdiction, the exemption on taxation whether personal, real, national, regional or municipal interalia

Articles 37-47 deals with the privileges of the members of the family and staff of the diplomatic agent, the right of innocent passage, the duty of the diplomat and his staff to respect laws of the state and the prohibition to pursue any professional or commercial activities for a personal profit .This part also provides for the termination of a diplomatic mission, the formalities to be observed on such occasions and the prohibition to practice any discrimination between states in the observance of the principles enshrined in the convention.

Articles 48-53 deals with matters relating to signatures, accession, ratification and coming into force of the convention. The convention has been subsequently ratified by the participating states.

The Vienna convention on consular relations, 1961, was convened under the auspices of the United Nations to discuss and adopt the draft of the international law commission on consular relations. Ninety two states were present and represented and other international organizations were also present and represented. It consists of a preamble and 79 articles.