Lakhasly

Law of Diplomatic and Consular Relations

Definition of diplomacy

According to Fauchet, it can be defined as a science or a technique whose purpose "as a science" is to know the legal and political relations of the various States , their mutual interests, historical traditions and the conditions mentioned in the treaties; whereas its objective "as a technique" is to manage international affairs, including the capacity to coordinate and pursue the causes of political negotiations. Ernest Satow: "Diplomacy is the use of intelligence and civility in the management of official relations between governments of independent states".- Negotiation: Negotiating among issues and objectives related to resolving disputes, alleviating congestion or arranging the situation of the past and the future."

According to Gineh: Diplomatic law was defined as "a branch of public law which is particularly concerned with the exercise of external relations and representation of States abroad, the conduct of international affairs and the manner in which negotiations are conducted". Accordingly, the Diplomatic Law is a branch of international law which deals in particular with practicing the rules of foreign representation, administrating of international affairs in addition to the manner in which the negotiations are conducted. It includes the study of the means of establishing friendly relations between States, including the study of diplomatic representatives, rights, duties, immunities, privileges and ceremonies. Diplomacy and foreign policy

The relationship between diplomacy and foreign policy is strong , where the former is not only a tool for the second, but also its tool of preparation. Despite of this relationship, it is always confused to differentiate between both of them. While foreign policy is the general strategic plan drawn up by a state, and implemented by many means, including diplomacy as a group of jobs. On the other hand, there are several means to implement foreign policy, including peaceful and technical ones. Diplomacy is the primary means both in peace and in war. Clausewitz says "War is only a continuation of state policy by other means," says Klaus.Bradeh fordieh : "Diplomacy is the art of representing the government and the interests of the country vis-a-vis foreign governments and countries and safeguarding the rights, interests and dignity of the country so as not to be unknown abroad. It also means managing international affairs by directing diplomatic negotiations and following their stages according to the instructions, and to seek to apply the law in international relations so that legal principles become the basis for dealing among peoples"

Montsekyo : Linking diplomacy to its goal.

Law of Diplomatic and Consular Relations

Definition of diplomacy

According to Fauchet, it can be defined as a science or a technique whose purpose “as a science” is to know the legal and political relations of the various States , their mutual interests, historical traditions and the conditions mentioned in the treaties; whereas its objective “as a technique” is to manage international affairs, including the capacity to coordinate and pursue the causes of political negotiations.

Ernest Satow: “Diplomacy is the use of intelligence and civility in the management of official relations between governments of independent states”.

Bradeh fordieh : “Diplomacy is the art of representing the government and the interests of the country vis-à-vis foreign governments and countries and safeguarding the rights, interests and dignity of the country so as not to be unknown abroad. It also means managing international affairs by directing diplomatic negotiations and following their stages according to the instructions, and to seek to apply the law in international relations so that legal principles become the basis for dealing among peoples”

Montsekyo : Linking diplomacy to its goal. "Human law is built naturally on the principle that the various nations must achieve the greatest interest during time of peace, and if possible the least damage during time of war, without prejudice to the real interests."

Harold Nikolson : "I consider that diplomacy is the management of international relations through negotiations or the way to deal with and manage these relations through ambassadors and diplomatic representatives. Hence, it is the achievement and technique of diplomats."

Therefore, the definition of diplomacy has taken up a wide range whether considering it a science or a technique and many consider it both science and technique . In conclusion, we consider that diplomacy, regardless of its attributes and characteristics, remains a vast field of knowledge, with its history, its origin and development, it has its own rules, style, its own curricula and its open purposes in the field of knowledge .

In short, it can be said that diplomacy is science, art, profession and methodology. It has a specific history which is linked to the history of human beings and nations.
It has a beginning, evolution, practice and theory, such as political science or rights, and includes a method and a certain way to understand and master its practice.

Diplomacy is ;therefore, the science and the art of managing relations between international people, the profession of diplomatic representatives, or the job of diplomats. The field of this function is the external relations of states, nations and peoples.

Diplomacy and diplomatic law

According to Bradeh Fordeh: “ Diplomatic law is that section of international law which deals in particular with the coordination of external relations. "

According to Gineh: Diplomatic law was defined as "a branch of public law which is particularly concerned with the exercise of external relations and representation of States abroad, the conduct of international affairs and the manner in which negotiations are conducted".
Accordingly, the Diplomatic Law is a branch of international law which deals in particular with practicing the rules of foreign representation, administrating of international affairs in addition to the manner in which the negotiations are conducted. It includes the study of the means of establishing friendly relations between States, including the study of diplomatic representatives, rights, duties, immunities, privileges and ceremonies.

Diplomacy and foreign policy

The relationship between diplomacy and foreign policy is strong , where the former is not only a tool for the second, but also its tool of preparation. Despite of this relationship, it is always confused to differentiate between both of them. While foreign policy is the general strategic plan drawn up by a state, and implemented by many means, including diplomacy as a group of jobs.

On the other hand, there are several means to implement foreign policy, including peaceful and technical ones. Diplomacy is the primary means both in peace and in war. Clausewitz says "War is only a continuation of state policy by other means," says Klaus. Thus, if war is the art of coercion, negotiation is the art of persuasion, and there is no peace without settlement or settlement without negotiation.

Foreign Affairs Administration of States could be considered diplomacy itself, where the term diplomacy includes the idea of negotiation . Negotiation shows the diplomacy of a country.

Hence, the difference between foreign policy and diplomacy is:

-Foreign policy: is choosing targets and major lines directed to the state, Tracing another state.

• Diplomacy: is the implementation of the guidelines.

Diplomacy as a profession:

At the early 1930s ,Genet identified three basic functions for a person who performs diplomatic activity:

• 
  

  Protection: protection of the interests of the State, the protection of the interests of its citizens, monitoring treaties and rules of human law.

  
  


• 
  

  Negotiation: Negotiating among issues and objectives related to resolving disputes, alleviating congestion or arranging the situation of the past and the future.

  
  


• 
  

  Monitoring: monitoring all matters relating to the interests of States in their mutual relations, regardless of the private interests or interests of the parties.