Diplomacy, Secrecy and the Law

Duquet, Sanderijn; Wouters, Jan

doi:10.2139/ssrn.2575753

Cited by 82 publications

(2 citation statements)

References 20 publications

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“…Additional methodological challenges with regard to a politicolegal analysis of shared competences in international negotiations relate to the fact that the work of the preferred study objects (EU and Member State diplomats) is surrounded by 'secrecy' and anonymity. 97 It is necessary to hear different sides and also keep the interviews confidential. By combining multiple interview sources (diplomatic/ academic) and studies (expert sources/case law), the analysis allows for a triangulation of findings.…”

Section: Current Limitationsmentioning

confidence: 99%

Analysing shared competences in EU external action: the case for a politico-legal framework

Kamphof

Wessel

2018

Europe and the World: A Law Review

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Section: Current Limitationsmentioning

confidence: 99%

Analysing shared competences in EU external action: the case for a politico-legal framework

Kamphof

Wessel

2018

Europe and the World: A Law Review

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“…This is why the literature recommends participant observations. Ironically, due to practices of secrecy that are unequivocally constant throughout the history of modern diplomacy 49…”

Section: Theory and Methods Of The Studymentioning

confidence: 99%

Decision-making in Lula´s foreign policy (2003-2010): analyzing practices

Castillo¹

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This article analyses practices in Brazil's Ministry of External Relations (MRE) in order to understand the decision making process for foreign policy of the Lula administration (2003-2010) through the lens of practices. More specifically, it seeks to understand if purported operational changes in the ministry during that time have had a concrete effect on foreign policy or are symptomatic of priorities within the administration. The research finds that despite sweeping social change promised by the campaign, the ministry's structure remained stable even as it expanded-even favoring the use of presidential diplomacy in order to expedite proceedings-but that regular bureaucratic processes were circumvented by the most senior officials in dealing with sensitive topics with a tacit division of tasks. The article concludes by suggesting that diplomatic practices were not significantly changed during the Lula period but that the relative clout of rank and file diplomats has diminished. Procedural negotiations such as trade agreements have mostly escaped the change in the decision-making process because they were not picked up by the Itamaraty's hands-on leadership.

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Diplomatic Law

Eileen¹

2016

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Diplomatic Law was first published in 1976. The book places each provision of the Convention in its historical context; provides commentary on the application of the Convention by the UK, the US, and other States; and thoroughly examines topical problems in the field including the abuse of diplomatic immunity and terrorist violence. This updated edition also highlights important new trends in the application of the Convention regime. It explores the interaction between State and diplomatic immunity (as shown in the Pinochet case), examines methods of establishing and conducting diplomatic relations under conditions of physical danger, and looks at increased evidence of disregard for the rules of secrecy in diplomatic communications. The book also explores the greater latitude for diplomats to ‘interfere’ in the internal affairs of the receiving State in the interest of protecting human rights and evaluates the impact of adoption of the UN Convention on Jurisdictional Immunities of States and their Property.

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Diplomacy, Secrecy and the Law

Cited by 82 publications

References 20 publications

Analysing shared competences in EU external action: the case for a politico-legal framework

Analysing shared competences in EU external action: the case for a politico-legal framework

Decision-making in Lula´s foreign policy (2003-2010): analyzing practices

Diplomatic Law

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