American Diplomacy at Risk
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American Diplomacy Project: a US Diplomatic Service for the 21St
AMERICAN DIPLOMACY PROJECT A U.S. Diplomatic Service for the 21st Century Ambassador Nicholas Burns Ambassador Marc Grossman Ambassador Marcie Ries REPORT NOVEMBER 2020 American Diplomacy Project: A U.S. Diplomatic Service for the 21st Century Belfer Center for Science and International Affairs Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 www.belfercenter.org Statements and views expressed in this report are solely those of the authors and do not imply endorsement by Harvard University, Harvard Kennedy School, or the Belfer Center for Science and International Affairs. Design and layout by Auge+Gray+Drake Collective Works Copyright 2020, President and Fellows of Harvard College Printed in the United States of America FULL PROJECT NAME American Diplomacy Project A U.S. Diplomatic Service for the 21st Century Ambassador Nicholas Burns Ambassador Marc Grossman Ambassador Marcie Ries REPORT NOVEMBER 2020 Belfer Center for Science and International Affairs | Harvard Kennedy School i ii American Diplomacy Project: A U.S. Diplomatic Service for the 21st Century Table of Contents Executive Summary ........................................................................3 10 Actions to Reimagine American Diplomacy and Reinvent the Foreign Service ........................................................5 Action 1 Redefine the Mission and Mandate of the U.S. Foreign Service ...................................................10 Action 2 Revise the Foreign Service Act ................................. 16 Action 3 Change the Culture .................................................. -
Diplomacy and the American Civil War: the Impact on Anglo- American Relations
James Madison University JMU Scholarly Commons Masters Theses, 2020-current The Graduate School 5-8-2020 Diplomacy and the American Civil War: The impact on Anglo- American relations Johnathan Seitz Follow this and additional works at: https://commons.lib.jmu.edu/masters202029 Part of the Diplomatic History Commons, Public History Commons, and the United States History Commons Recommended Citation Seitz, Johnathan, "Diplomacy and the American Civil War: The impact on Anglo-American relations" (2020). Masters Theses, 2020-current. 56. https://commons.lib.jmu.edu/masters202029/56 This Thesis is brought to you for free and open access by the The Graduate School at JMU Scholarly Commons. It has been accepted for inclusion in Masters Theses, 2020-current by an authorized administrator of JMU Scholarly Commons. For more information, please contact [email protected]. Diplomacy and the American Civil War: The Impact on Anglo-American Relations Johnathan Bryant Seitz A thesis submitted to the Graduate Faculty of JAMES MADISON UNIVERSITY In Partial Fulfillment of the Requirements for the degree of Master of Arts Department of History May 2020 FACULTY COMMITTEE: Committee Chair: Dr. Steven Guerrier Committee Members/ Readers: Dr. David Dillard Dr. John Butt Table of Contents List of Figures..................................................................................................................iii Abstract............................................................................................................................iv Introduction.......................................................................................................................1 -
Of Diplomatic Immunity in the United States: a Claims Fund Proposal
CORE Metadata, citation and similar papers at core.ac.uk Provided by Fordham University School of Law Fordham International Law Journal Volume 4, Issue 1 1980 Article 6 Compensation for “Victims” of Diplomatic Immunity in the United States: A Claims Fund Proposal R. Scott Garley∗ ∗ Copyright c 1980 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Compensation for “Victims” of Diplomatic Immunity in the United States: A Claims Fund Proposal R. Scott Garley Abstract This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to provide adequate protection for the rights of private citizens in the United States. As a means of curing the inadequacies of the present DRA, the feasibility of a claims fund designed to compensate the victims of the tortious and criminal acts of foreign diplomats in the United States will be examined. COMPENSATION FOR "VICTIMS" OF DIPLOMATIC IMMUNITY IN THE UNITED STATES: A CLAIMS FUND PROPOSAL INTRODUCTION In 1978, Congress passed the Diplomatic Relations Act (DRA)1 which codified the 1961 Vienna Convention on Diplomatic Rela- tions. 2 The DRA repealed 22 U.S.C. §§ 252-254, the prior United States statute on the subject,3 and established the Vienna Conven- tion as the sole standard to be applied in cases involving the immu- nity of diplomatic personnel4 in the United States. -
A Comparative Study of the Privileges and Immunities of United
Washington and Lee Law Review Volume 33 | Issue 1 Article 4 Winter 1-1-1976 A Comparative Study Of The rP ivileges And Immunities Of United Nations Member Representatives And Officials With The rT aditional Privileges And Immunities Of Diplomatic Agents Yu-Long Ling Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the International Law Commons Recommended Citation Yu-Long Ling, A Comparative Study Of The Privileges And Immunities Of United Nations Member Representatives And Officials With The Traditional Privileges And Immunities Of Diplomatic Agents, 33 Wash. & Lee L. Rev. 91 (1976), https://scholarlycommons.law.wlu.edu/wlulr/vol33/iss1/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. A COMPARATIVE STUDY OF THE PRIVILEGES AND IMMUNITIES OF UNITED NATIONS MEMBER REPRESENTATIVES AND OFFICIALS WITH THE TRADITIONAL PRIVILEGES AND IMMUNITIES OF DIPLOMATIC AGENTS Yu-LONG LING* I. INTRODUCTION Modern states possess wide jurisdictional authority over their na- tional domain.' This authority normally extends to persons, both nationals and aliens, residing within a country and to property lo- cated therein. That a nation rules over all persons and things within its territory constitutes one of the basic principles of international law.2 For a variety of reasons, however, states have accepted limita- tions upon their jurisdiction. -
The Elizabethan Diplomatic Service
Quidditas Volume 9 Article 9 1988 The Elizabethan Diplomatic Service F. Jeffrey Platt Northern Arizona University Follow this and additional works at: https://scholarsarchive.byu.edu/rmmra Part of the Comparative Literature Commons, History Commons, Philosophy Commons, and the Renaissance Studies Commons Recommended Citation Platt, F. Jeffrey (1988) "The Elizabethan Diplomatic Service," Quidditas: Vol. 9 , Article 9. Available at: https://scholarsarchive.byu.edu/rmmra/vol9/iss1/9 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in Quidditas by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. JRMMRA 9 (1988) The Elizabethan Diplomatic Service by F. Jeffrey Platt Northern Arizona University The critical early years of Elizabeth's reign witnessed a watershed in European history. The 1559 Treaty of Cateau-Cambresis, which ended the long Hapsburg-Valois conflict, resulted in a sudden shift in the focus of international politics from Italy to the uncomfortable proximity of the Low Countries. The arrival there, 30 miles from England's coast, in 1567, of thousands of seasoned Spanish troops presented a military and commer cial threat the English queen could not ignore. Moreover, French control of Calais and their growing interest in supplanting the Spanish presence in the Netherlands represented an even greater menace to England's security. Combined with these ominous developments, the Queen's excommunica tion in May 1570 further strengthened the growing anti-English and anti Protestant sentiment of Counter-Reformation Europe. These circumstances, plus the significantly greater resources of France and Spain, defined England, at best, as a middleweight in a world dominated by two heavyweights. -
Ideologies of Diplomacy: Rhetoric, Ritual, and Representation in Early Modern England
• • Ideologies of Diplomacy: Rhetoric, Ritual, and Representation in Early Modern England Jane Yeang Chui Wong Nanyang Technological University Singapore In 2008 John Watkins edited a special issue for the Journal of Medieval and Early Modern Studies, “Toward a New Diplomatic History of Medi- eval and Early Modern Europe,” which initiated a necessary and meaning- ful assessment of diplomatic studies in premodern Europe.1 The call for a more nuanced study of diplomacy in the period brought together a group of scholars with a common interest: their essays test and broaden conven- tional frameworks that generally isolate the study of premodern diplomacy within the confines of diplomatic documentation. In drawing on the multi- disciplinary expertise of the contributors, Watkins’s special issue reevaluates premodern diplomatic studies in a richer and more complex sociocultural landscape that acknowledges and examines the undocumented import of diplomacy- in- the- making. Using interdisciplinary frameworks that take up discussions of gender, semantics, patronage, and race, among others, schol- ars of New Diplomatic History look beyond the immediacy of documentary evidence to explain the variegated processes of creating and understanding diplomatic discourses in the premodern era. This special issue hews closely to Watkins’s cross- disciplinary aim in a number of ways, but it also offers a response in light of developments in the field since then. The proliferation of scholarly works on New Diplomatic History, quite possibly at its most excit- ing and dynamic phase, has introduced some very promising contributions, identifying strategic limitations that were considered but not yet thoroughly problematized before. The current critical impulse for proponents of New Diplomatic History can be traced to a general dissatisfaction with a lapse of innova- tion and how, for many years, its development has remained out of sync with the wider and ever- growing interdisciplinary developments in the study of early modern Europe. -
Preventive Diplomacy: Regions in Focus
Preventive Diplomacy: Regions in Focus DECEMBER 2011 INTERNATIONAL PEACE INSTITUTE Cover Photo: UN Secretary-General ACKNOWLEDGEMENTS Ban Ki-moon (left) is received by Guillaume Soro, Prime Minister of IPI owes a debt of thanks to its many donors, whose Côte d'Ivoire, at Yamoussoukro support makes publications like this one possible. In partic - airport. May 21, 2011. © UN ular, IPI would like to thank the governments of Finland, Photo/Basile Zoma. Norway, and Sweden for their generous contributions to The views expressed in this paper IPI's Coping with Crisis Program. Also, IPI would like to represent those of the authors and thank the Mediation Support Unit of the UN Department of not necessarily those of IPI. IPI Political Affairs for giving it the opportunity to contribute welcomes consideration of a wide range of perspectives in the pursuit to the process that led up to the Secretary-General's report of a well-informed debate on critical on preventive diplomacy. policies and issues in international affairs. IPI Publications Adam Lupel, Editor and Senior Fellow Marie O’Reilly, Publications Officer Suggested Citation: Francesco Mancini, ed., “Preventive Diplomacy: Regions in Focus,” New York: International Peace Institute, December 2011. © by International Peace Institute, 2011 All Rights Reserved www.ipinst.org CONTENTS Introduction . 1 Francesco Mancini Preventive Diplomacy in Africa: Adapting to New Realities . 4 Fabienne Hara Optimizing Preventive-Diplomacy Tools: A Latin American Perspective . 15 Sandra Borda Preventive Diplomacy in Southeast Asia: Redefining the ASEAN Way . 28 Jim Della-Giacoma Preventive Diplomacy on the Korean Peninsula: What Role for the United Nations? . 35 Leon V. -
Diplomatic Processes and Cultural Variations: the Relevance of Culture in Diplomacy
Diplomatic Processes and Cultural Variations: The Relevance of Culture in Diplomacy by Wilfried Bolewski Let us not be blind to our differences—but let us also direct attention to our common interests and to the means by which those differences can be resolved. And if we cannot now end our differences, at least we can help make the world safe for diversity. John F. Kennedy, American University, June 10, 1963. The relationship between diplomacy and culture has been somewhat neglected in recent academic and practical studies,1 even though competence and understanding during intercultural exchanges unites societies and facilitates further intercultural interactions. Current public discussions concentrate exclusively on the existence of cultural commonalities and universal values all cultures share.2 However, determining likenesses among cultures should be secondary to the awareness of cultural differences as the logical starting point for the evaluation of intercultural commonalities. Intercultural sensitivity within groups paves the way for the acceptance and tolerance of other cultures and allows members to be open to values which are universal among all groups, such as law and justice, which globalized society should then build upon together. Facing the challenges of an increasingly complex world, the question of interdependency between diplomatic processes and cultural variations becomes relevant: is there a shared professional culture in diplomacy apart from national ones, and if so, does it influence diplomacy? To what extent can research into national cultures help diplomacy and governments to understand international interactions? DEFINITION OF “CULTURE”3 General definition Before analyzing the interdependency between culture and diplomacy, it is necessary to state what the word culture implies. -
(I) of the Vienna Convention on Diplomatic Relations
SEPARATE OPINION OF PRESIDENT YUSUF Disagree with the contradictory conclusion of the Court on Article 1 (i) of the Vienna Convention on Diplomatic Relations — Provision characterized as “unhelpful” in reasoning and set aside — Later, used in dispositif to deny status of “premises of the mission” to building at 42 avenue Foch — Court should have ascertained as threshold matter whether building at 42 avenue Foch was “used” as “premises of the mission” within meaning of Article 1 (i) — Criterion of effective use is the key — Jurisprudence of domestic courts and international tribunals confirm that conclusion — Relevance of definitional provisions to applicability and operation of other provisions should have been analysed — It is illogical to dismiss relevance of “use” criterion in Article 1 (i) but deny status of “premises of the mission” to building on the basis of the same article. Requirement of “prior approval” or “power to object” has no basis in the Convention — Object and purpose of the Convention insufficient to establish these requirements — Vienna Convention is a self-contained and reciprocal régime that specifies the means at disposal of receiving State to counter possible abuses — Requirement of “prior approval” or “power to object” will generate unnecessary misunderstandings and tensions in diplomatic relations — Court should have analysed Articles 41 and 21 of the Vienna Convention as relevant context to Article 1 (i) — Practice of few States on a different plane from concordant practice embracing all parties to treaty — Convention does not make compliance with domestic laws and regulations of receiving State condition to the application of Article 1 (i) — France did not have general, well-known and transparent practice at the relevant time — Requirement of “prior approval” or “power to object” is unqualified and unclear — Criteria for exercise of this power have no basis in the Convention. -
Constitutional Solutions to the Problem of Diplomatic Crime and Immunity William G
Hofstra Law Review Volume 36 | Issue 2 Article 19 2007 Constitutional Solutions to the Problem of Diplomatic Crime and Immunity William G. Morris Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Morris, William G. (2007) "Constitutional Solutions to the Problem of Diplomatic Crime and Immunity," Hofstra Law Review: Vol. 36: Iss. 2, Article 19. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol36/iss2/19 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Morris: Constitutional Solutions to the Problem of Diplomatic Crime and I NOTE CONSTITUTIONAL SOLUTIONS TO THE PROBLEM OF DIPLOMATIC CRIME AND IMMUNITY I. INTRODUCTION No one is above the law. This principle has been a driving force throughout the great ideological experiment known as democracy. From childhood, we are told that people who commit crimes must answer for them. However, the simplistic nature of this notion fails to capture the whole truth of the nuanced system of international law. International law permits certain individuals to escape accountability for their crimes. For centuries, the principle of diplomatic immunity has enabled foreign diplomats to avoid prosecution for violations of the host country's laws. 1 The Vienna Convention on Diplomatic Relations, to which the United States is a party, has codified customary international law.2 The Vienna Convention grants diplomats, their families, and diplomatic property numerous protections. -
The Missing Key to More Effective U.S. Diplomacy: Religious Liberty Lecture Delivered at Benne Center for Religion & Society
1 The Missing Key to More Effective U.S. Diplomacy: Religious Liberty Lecture delivered at Benne Center for Religion & Society, Roanoke College, February 9, 2015 Thomas F. Farr* Last week we were treated to the spectacle of Henry Kissinger, who had been Secretary of State during the Vietnam War and is now 91 years old, being heckled as he testified before the Senate Foreign Relations Committee. Senator John McCain, who had been tortured as a prisoner of war in Hanoi, reacted with anger, calling the hecklers “low-life scum.” Memories of Vietnam, it seems, remain strong among some elements of the American population. Notwithstanding the hecklers, Mr. Kissinger is generally respected in the foreign policy establishment as the doyen of American “realism.” In 1994 he wrote his magnum opus. Entitled Diplomacy, Kissinger’s book was a survey of diplomatic history from the 16th century to the contemporary age. When he published it he was considered by many the greatest scholar- practitioner of foreign policy in American history. Among the remarkable things about Kissinger’s book, and its status as a contemporary classic, is its treatment of religion. In fact, the book is a veritable “religion-free zone.” Diplomacy is quite long, and it has an appropriately large index. But the word “religion” does not appear in the index. Religious ideas and religious actors make almost no appearance in the text. After a brief treatment of the 17th century wars of religion, Diplomacy simply banishes religion from the world stage, as if it were no longer relevant to the motives and actions of modern men and modern states. -
Supreme Court of the United States
No. 04-5928 IN THE Supreme Court of the United States JOSÉ ERNESTO MEDELLÍN, Petitioner, v. DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF AMICUS CURIAE OF AMBASSADOR L. BRUCE LAINGEN AND LIEUTENANT COLONEL JOHN J. SWIFT, ET AL., IN SUPPORT OF PETITIONER JOSEPH MARGULIES MACARTHUR JUSTICE CENTER UNIVERSITY OF CHICAGO LAW SCHOOL TH 1111 EAST 60 STREET CHICAGO, IL 60637 Telephone: (773) 702-9560 Counsel for Amici i TABLE OF CONTENTS Page Table of Authorities…………………………………….. ii Interest of Amici Curiae………………………………… 1 Summary of Argument…………………………………. 5 Argument……………………………………………….. 6 I. The United States Played A Leading Role In Developing The International Protections Provided By Both The Vienna Convention And The Optional Protocol………………….. 6 II. Failure To Provide Vigorous And Robust Enforcement Of The Vienna Convention Could Have Grave Consequences For U.S. Citizens Abroad………………………............ 16 Conclusion……………………………………………….. 27 ii TABLE OF AUTHORITIES Page(s) CASES: Breard v. Pruett, 134 F.3d 615 (4th Cir. 1998).......................................22 Case Concerning United States Diplomatic and Consular Staff in Tehran, (U.S.A. v. Iran), 1980 I.C.J. 3 (Judgment of May 24).................................................14 Flores v. State, 994 P.2d 782 (Okla. Crim. App. 1999)......................23 Standt v. City of New York, 153 F. Supp. 2d 417 (S.D.N.Y. 2001)................... 21-22 U.S. v. Carillo 70 F. Supp. 2d 854 (N.D. Ill. 1999) ............................22 TREATIES: Vienna Convention on Consular Relations, April 24, 1963, 21 U.S.T. 77, 596 UNTS 261...............................passim Optional Protocol Concerning the Compulsory Settlement of Disputes, April 24, 1963, 21 U.S.T.