Diplomacy and International Cooperation

Many researchers interested in diplomatic activity consider the Treaty of Westphalia to be the methodological foundation of modern and contemporary diplomacy. The study of diplomacy includes both its secretive and public aspects, as well as the development of bilateral and multilateral diplomacy, which has been influenced by new active players in international relations, along with the evolution of legal and epistemological rules that have all contributed to the emergence of the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations (1963), and the Special Missions Convention (1969), related to international organizations from 1945.

Diplomatic work is conducted by several institutions, the most important of which are:

1. The Head of State

The head of state embodies responsibility both domestically and internationally. All actions of the presidency entail legal responsibilities according to international law recognized in diplomatic literature, representing the state and enjoying physical and legal protection and immunity. However, there are exceptions in the judicial context concerning war criminals (as per the United Nations concept of 1945), particularly regarding threats to peace and human security.

2. The Foreign Ministry

The evolution of a country’s foreign policy has contributed to the development of diplomatic work since the Treaty of Westphalia. It has become necessary to appoint officials responsible for diplomatic activity, including the foreign minister, who helps shape and execute foreign policy while enjoying immunity and protection according to diplomatic rules and international law.

3. Embassies

The concept of an embassy was defined in two agreements: Vienna (1815) and Aachen (1818).

4. Diplomatic and Consular Missions

The establishments of diplomatic and consular missions were regulated by the International Law Commission at the United Nations in 1958 and the Vienna Conventions of 1961, 1963, and 1975 as follows:

• The establishment of a mission is subject to a legal framework, and all documents are issued in its name. There are differences in the immunities, privileges, rights, and obligations related to the mission and its members; the termination of an individual’s duties does not end the mission’s functions.
• Permanent Diplomatic Mission

A permanent diplomatic mission undertakes communication duties and has authorities and functions it performs according to legal principles, striving to achieve various objectives assigned to it by the Vienna Convention, which defined the jurisdiction and immunity of the diplomatic mission. The immunity of the diplomatic mission is related to several concepts, including religion, power (the Roman Empire), territorial extension, the nature of immunity based on the functions carried out within states, and representation on behalf of another state.

A permanent diplomatic mission consists of an agreement between the two countries and remains operational as long as relations exist between the parties. Its tasks include representation, monitoring, protection, and negotiation. Its immunity, per the eighth article of the Vienna Convention, involves immunity of premises and property, documents, and communication, with only certain fees (water, electricity) being chargeable. The mission raises its country’s flag, can practice religious rites, ensures individual dignity, prohibits espionage, allows freedom of movement, prohibits interference in the affairs of the receiving state, and is subject to the laws of the sending state if a crime is committed, holding the individual accountable rather than the entire mission.

• Consular Mission

The Vienna Convention on Consular Relations (April 24, 1963) resulted from the legal committees of the United Nations discussing how to organize relations between states and actors generally concerning the presence of nationals and interests. The consular mission represents one of the oldest forms of representation and works to strengthen relations between the two states, enjoying certain immunities such as exemption from search except in emergencies (e.g., pursuit of a criminal). The embassy and the immunity of consuls, documents, and correspondence are protected, and the consular pouch enjoys immunity but can be searched in the presence of an official from the state of the consulate, which is not permitted with the diplomatic pouch of the embassy.

Members of the diplomatic mission are not subject to the administrative authorities of the host state except in cases of commercial activity.

• Special Missions

The 1969 Convention on Special Missions states that a special mission has a representative character sent from one state to another with consent to carry out various tasks. It may be sent to more than one country, but always with prior agreement and can consist of one or several members. Its mission ends when the scope of the mission concludes or immunity is lifted, or it is notified that its tasks are complete. Premises are protected in the event of the mission concluding and diplomatic ties being severed, and a third state might provide minimum representation in such cases.

• Diplomatic Mission to International Organizations

Regulated by the 1975 Convention concerning international organizations, the international organization is considered an extension of the hosting state’s political unit, creating interactive relationships among three parties: the host state, the international organization, and the sending state. This complements various earlier agreements (1961, 1963, 1969). The establishment of a diplomatic mission to international organizations proceeds from its representative nature within the organization, differing slightly from the diplomatic mission between states, as the relationship of the host state with the sending state (in cases of absence of oversight diplomacy) does not impact the country’s relationship with international organizations. The appointment of diplomats and administrators should align with their functions, and the mission concludes when the sending state ends it, provided there’s no interference in the host state’s affairs, which must be respected. The mission is protected and enjoys immunity similar to that of diplomatic missions between states.

Forms of Diplomacy:

Bilateral and Multilateral Diplomacy

1. Bilateral Diplomacy

This is one of the oldest forms of diplomacy, practiced today by all countries eager for negotiation despite the rising phenomenon of international conflict. The necessity for cooperation and international exchange facilitates the establishment of bilateral diplomatic channels, allowing a state to free itself from certain international ties, given the flexibility and ease of diplomatic activity between the two parties, in contrast to multilateral settings.

2. Multilateral Diplomacy

This form of diplomatic activity has increasingly developed in modern times with the expansion of international relations and the intersection of states’ strategic interests. Europe records significant conferences and alliances, such as the Treaty of Westphalia (1648) and the Congress of Utrecht (1713), as well as alliances (the Quadruple Alliance and the Holy Alliance, 1815), the Vienna Congress, the Versailles Conference (1919), and the San Francisco Conference (1945). These diplomatic activities have established provisions of international law, ended wars, and founded organizations, giving rise to what is known as conference diplomacy.

3. Summit Diplomacy

This refers to diplomatic conferences held by states and governments to reach political decisions or conclude agreements. It is noted that there is a trend of acceptance for this type of conference at the Arab-Islamic, African, Asian, and European Union levels, with the end of the Cold War and its effects on international geopolitics serving as a reality and incentive for numerous summits.

4. Informal Diplomacy

This encompasses diplomatic activities and efforts undertaken by unofficial actors such as NGOs, civil society organizations, media outlets, and lobby groups across various fields including cultural, developmental, and human rights. Informal activities also include people-to-people diplomacy, which reflects a form of informal diplomacy constituted by popular sectors supporting state policies, such as sports, cultural, and student federations and associations.

5. Preventive Diplomacy (Conflict Prevention):

The emergence of preventive diplomacy is linked to the work of the United Nations in its attempts to prevent and resolve conflicts between opposing parties, notably during the Suez Crisis of 1956 under Secretary-General Dag Hammarskjöld (1953-1961), who implemented a series of arrangements, ceasefire, and restoration of security. Since then, the United Nations has been committed to preventing disputes between parties, curbing ongoing conflicts, and working diligently to foster peace through peaceful means, followed by peacekeeping operations involving the deployment of UN forces with the consent of the concerned parties to pave the way for peacebuilding efforts aimed at enhancing every measure to prevent a return to war.