Diplomacy

Diplomacy is the art and practice of negotiation between authorized representatives of different groups or nations (diplomats). The term usually refers to international diplomacy, the cultivation of interstate and supranational relations through agreements on matters such as peacekeeping, culture, economics, trade, and conflict. International treaties are usually negotiated by diplomats; in doing so, they act on behalf of their governments and represent their interests.

In a figurative sense, this term also refers to contacts between two or more groups of any kind, based on negotiations or meetings.

Diplomatic behavior is called the actions and inactions of a negotiator,

• which attests to the willingness of those involved to compromise and to recognise the intentions and wishes of each party;
• that seeks so-called win-win situations;
• that avoids embarrassing or cornering other negotiators as much as possible;
• that is likely to maximise long-term benefits (i.e. it would be undiplomatic to secure short-term benefits while risking or accepting long-term disadvantages or conflicts).

English and French are now (as they have been for centuries) considered the global languages of diplomacy. Both are, along with Arabic, Chinese, Russian and Spanish, the working languages of the United Nations (UN). They are also official languages of numerous international organizations (for example, UNESCO, NATO, the International Olympic Committee, the International Red Cross and Red Crescent Movement).

Overview

Explanation of terms, important components

A collective term for a group of diplomats from the same country of origin is the diplomatic mission. The highest diplomatic rank within this group is that of ambassador (secular) or apostolic nuncio (ecclesiastical). A diplomatic representation headed by an ambassador in a building is called an embassy. Its members are the official representatives and contact persons of a state, a nation or an organisation (such as UN ambassadors) in a foreign nation. The collective term for all diplomats in a foreign state is the diplomatic corps (French corps diplomatique), which is why the license plates of diplomats all over the world often begin with the letters CD or are displayed in the form of a nationality sign (oval plate) next to the license plate.

The better the diplomat or diplomatic mission is organised in the foreign country, the better one's own interests can be expressed. Here, an embassy is very helpful, which is why today there is a tight network of embassies and diplomatic relations around the world.

Forms

The simplest and oldest form of diplomacy is bilateral (two-sided), that is, diplomacy between two states. Another is multilateral (multi-sided) diplomacy, where many states try to reach a common result at the same time, which is then binding on all. In contrast to these forms is unilateralism (acting alone), where one state acts only in its own interests, without consultation or consideration for other nations.

Diplomatic contact

Diplomatic contact between different nations takes place, for example, between the respective ambassadors and governments or within the framework of diplomatic forums. Important diplomatic forums include the United Nations (UN), the European Union (EU), the Association of Southeast Asian Nations (ASEAN) and the Union of South American Nations (UNASUR). Negotiations and conferences at the supranational level are usually conducted by diplomats seconded to this organization.

The decision to break off diplomatic contacts with a country is usually taken by the respective federal parliament, in Germany the German Bundestag.

Functionality or special features

All diplomacy works on the basis of verbal tact, which ensures that facts can be discussed objectively.

Procedures

A myriad of diplomatic approaches or strategies exist to advance the interests of one state with another. One approach is informal diplomacy. It has been used for centuries to communicate between major powers. Many diplomats make efforts to establish contact with influential figures in other states in order to gain access to a country's top leadership through this channel. In some cases, for example between the United States and the People's Republic of China, much diplomacy takes place through semi-official channels using interlocutors such as academic members of political foundations (think tanks). This is particularly the case in matters where governments wish to make recommendations or give advice without announcing it through official channels.

In Europe, confidence-building measures have also been practised for a long time in order to reduce tensions between peoples in the long term or to promote common ground. For example, youth exchange programmes, academic exchange programmes such as the Erasmus programme or the Socrates programme are agreed. Other confidence-building measures include the establishment of international town twinning arrangements and the promotion of foreign language teaching (in schools).

In the Orient and other parts of the world, the approach was quite different. In the Ottoman Empire, Persia, and other nations, diplomats were seen as a guarantee of good behavior. If a nation broke an agreement or if members of that nation behaved badly, for example, hijacked a ship or looted a border village, then the diplomats were punished for it. Diplomats were thus a means of enforcing treaties and international law. To ensure that the punishment of diplomats meant something to the rulers, they insisted on high-ranking diplomats. This tradition can already be found in the Roman Empire of antiquity. The Romans often demanded hostages from the subjugated tribes in Germania, usually children of the tribal chief or close relatives. These were not kept as prisoners, but as a kind of guests. Thus they came to enjoy Roman education and way of life. Only in case of misbehaviour by their tribe could drastic reprisals be taken against them.

Diplomatic immunity

Diplomatic immunity is the protection of diplomats from criminal, civil or administrative prosecution in a foreign state.

Diplomatic rights were established in Europe in the mid-seventeenth century and have since spread throughout the world. This tradition was formalized in the Vienna Convention on Diplomatic Relations in 1961. The treaty protects diplomats from being prosecuted or persecuted while on diplomatic missions. They obtain this immunity by being designated as authorized to act on behalf of a government (accreditation) and not merely by holding a diplomatic passport. However, it is common practice to provide diplomats with such passports.

The accredited diplomat enjoys immunity only in the receiving state. If he is accredited to an international organisation, his immunity in a state is determined by the organisation's agreements with that state in each case. If the diplomat also or only possesses the nationality of the receiving state, he is immune because of his official acts, but not because of his private conduct.

Family members of diplomats travelling with them shall also be granted immunity by the receiving State.

Immunity may be waived in whole or in part by the sending state - not by the diplomat or family member - by declaration to the receiving state. This mainly takes place when the receiving State allows a member of the diplomat's family to engage in gainful employment. In order to avoid distortions of competition vis-à-vis professionals from the receiving State, immunity is waived in connection with the exercise of a profession. For example, the spouse of a diplomat who wishes to work as a doctor in Germany must not only fulfil the licensing requirements, but also pay contributions to the medical association and can be held liable for breaches of the duty of care during treatment before German civil courts as well as being brought before criminal courts; on the other hand, immunity would still apply in the case of a traffic accident caused during a private Sunday excursion.

Diplomatic communications are also considered inviolable, and diplomats have long been allowed to take documents out of the country in the so-called "diplomatic pouch" or "diplomatic pouch" without being searched. However, the advancement of encryption technology has made this method increasingly obsolete in recent years. The prohibition of interception of diplomatic telecommunications under international law is often not observed, which is why explosive content is frequently transmitted in heavily encrypted form between a state's missions abroad and its headquarters.

In times of hostilities, diplomats are often ordered to the home country for their own protection. This sometimes happens even when the host country is friendly but there are threats of attacks by dissidents. Ambassadors and other diplomats are also sometimes removed from their home countries to express displeasure with the host country. In such cases, lower-ranking embassy staff stay behind to handle the tasks at hand. In other cases, the embassy of another friendly state continues the consular or diplomatic duties.

Diplomatic recognition

Diplomatic recognition is the measure of a nation's acceptance by all other non-unilateral states.

Today there are quite a number of de facto independent territories that are denied diplomatic recognition by large parts of the world, for example the Republic of China (Taiwan). Since the PRC considers Taiwan a "renegade province" with its One China policy, diplomatic relations are only possible with one government at a time. Many states do not officially recognize the Republic of China in order to avoid disagreements with the much larger PRC. Informal contacts are maintained, however. Other countries not recognized, or not recognized by the larger and weightier part of the international community as state subjects of international law, are Abkhazia, Sahrawi Arab Democratic Republic, Kosovo, Somaliland, South Ossetia, Transnistria, Nagorno-Karabakh Republic, Palestine, and the Turkish Republic of Northern Cyprus. Unlike Taiwan, however, these countries have no economic or political importance and are therefore much more isolated internationally.

Although recognition is one factor in determining sovereignty, Article 3 of the Montevideo Convention states that the political existence of a state is independent of recognition by other states. Since this convention was signed only by American states, it is not universally recognized under international law.

Despite the absence of diplomatic relations, a state may be recognized as such. Thus, until the end of the 1960s, the Federal Republic of Germany terminated or did not establish diplomatic relations with countries that maintained diplomatic relations with the GDR (exception: Soviet Union). The reason was the Hallstein Doctrine. Nevertheless, these states existed and there was cooperation with them, for example, in the economic and sporting fields, and there was, for example, normal postal and telephone traffic.

Diplomacy and espionage

Diplomacy and espionage are closely linked. Embassies are starting points for both diplomats and spies, and some diplomats are essentially openly recognized spies. For example, one role of the military attaché is to find out as much as possible about the military of a nation in whose country he is operating. There is no attempt to conceal this role, and they are only allowed to attend events such as parades or maneuvers by invitation. However, there are also covert spies operating from embassies. These are given stealth jobs at embassies. However, their real job is to make contacts, recruit informants and gather intelligence. In extreme cases, they are also assigned to eliminate opponents of the regime in exile or to carry out acts of sabotage. In most cases, however, the identity of the spies operating out of the embassies is known. If they are exposed, they can be expelled. In most cases, however, counterintelligence prefers to keep these agents under surveillance in order to gain knowledge about leaks on their own side.

The information gathered by spies plays an increasingly important role in diplomacy. Arms control agreements would be almost impossible to monitor without reconnaissance satellites and agents. Such collected information is useful in all areas of diplomacy, from trade agreements to border disputes.