EVOLUTION OF INTERNATIONAL LAW AND DIPLOMACY

SUBMITTED TO: MR.BIJAYA GAUTAM INTERNATIONAL LAW

SUBMITTED BY: SHASHIKALA PANTA SECTION-B 6TH SEMESTER

ACKNOWLEGEMENT

First of all I would like to express my warm thanks and appreciation to SMSH (Silver Mountain School of Hotel Management) and highly indebted to my International Relation sir Mr. Bijay Gautam for giving me this opportunity to do reports regardaing evolution og international law and diplomacy which helps us to know more our international law, how it is working all over the world and what rules are followed.

CONTENTS

1. Evolution of International Law 2. Introduction of International law 3. International law-U.S 4. Organization related to international law 5. History of Diplomacy 6. Nature and Purpose 7. Modern and diplomatic practice 8. Conclusion 9. References

Evolution of International Law

Beginnings There was little scope for an international law in the period of ancient and medieval empires, and its modern beginnings coincide, therefore, with the rise of national states after the middle Ages. Rules of maritime intercourse and rules respecting diplomatic agents soon came into existence. At the beginning of the 17th cent., the great multitude of small independent states, which were finding international lawlessness intolerable, prepared the way for the favorable reception given to the De jure belli ac pacis [concerning the law of war and peace] (1625) of Hugo Grotius, the first comprehensive formulation of international law. Though not formally accepted by any nation, his opinions and observations were afterward regularly consulted, and they often served as a basis for reaching agreement in international disputes. The most significant principle he enunciated was the notion of sovereignty and legal equality of all states. Development to World War I The growth of international law came largely through treaties concluded among states accepted as members of the family of nations, which first included the states of Western Europe, then the states of the New World, and, finally, the states of Asia and other parts of the world. The United States contributed much to the laws of neutrality and aided in securing recognition of the doctrine of freedom of the seas. The provisions of international law were ignored in the Napoleonic period, but the Congress of Vienna reestablished and added much, particularly in respect to international rivers and the classification and treatment of diplomatic agents. The Declaration of Paris abolished privateering, drew up rules of contraband, and stipulated rules of blockade. The Geneva Convention (1864) provided for more humane treatment of the wounded. The last quarter of the 19th century saw many international

conventions concerning prisoners of war, communication, collision and salvage at sea, protection of migrating bird and sea life, and suppression of prostitution. Resort to arbitration of disputes became more frequent. The lawmaking conventions of the Hague Conferences represent the chief development of international law before World War I. The Declaration of London contained a convention of prize law, which, although not ratified, is usually followed. At the Pan-American Congresses, many lawmaking agreements affecting the Western Hemisphere have been signed. Effect of the World Wars In World War I, no strong nations remained on the sidelines to give effective backing to international law, and the concept of third party settlement was again endangered; many of the standing provisions of international law were violated. New modes of warfare presented new problems in the laws of war, but attempts after the war to affect disarmament and to prohibit certain types of weapons failed, as the outbreak and course of World War II showed. The end of hostilities in 1945 saw the world again faced with grave international problems, including rectification of boundaries, care of refugees, and administration of the territory of the defeated enemy. The insufficiency of the League of Nations and of such idealistic renunciations of war as the Kellogg-Briand Pact led to the formation of the United Nations as a body capable of compelling agreement to international law and maintaining peace. After World War II, a notable advance in international law was the definition and punishment of war crimes. Attempts at a general codification of international law, however, proceeded slowly under the International Law Commission established in 1947 by the United Nations. Recent Developments The nuclear age and the space age have led to new developments in international law. The basis of space law was developed in the 1960s under United Nations support. Treaties have been signed mandating the internationalization of outer space (1967) and other space bodies (1979). The 1963 limited test ban treaty prohibited nuclear tests in the atmosphere, in outer space, and underwater. The nuclear nonproliferation treaty (1968) attempted to limit the

spread of nuclear weapons. The agreements of the Strategic Arms Limitation Talks, signed by the United States and the USSR in 1972, limited defensive and offensive weapon systems. This was first of many international arms treaties signed between the two nations until the dissolution of the Soviet Union. Other treaties have covered the internationalization of Antarctica in 1959, narcotic interdiction in 1961, satellite communications in 1963, and terrorism in 1973. The Law of the Sea in 1983 clarified the status of territorial waters and the exploitation of the seabed. Environmental issues have led to a number of international treaties, including agreements covering fisheries in 1958, endangered species in 1973, global warming and biodiversity in 1992. Since the signing of the General Agreement on Tariffs and Trade (GATT) in 1947, there have been numerous international trade agreements. The European Union has made moves toward the establishment of a regional legal system; in 1988 a Court of First Instance was established to serve as a court of original jurisdiction on certain economic matters. The establishment of the International Criminal Court (2002), with jurisdiction over war crimes, crimes against humanity, and related matters, marked a major step forward in international law despite the United States' repudiation of the treaty under President George W. Bush.

Introduction of International law

International Law, unlike most other areas of law, has no defined area or governing body, but instead refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions between different nations, their governments, businesses and organizations, to include their rights and responsibilities in these dealings. . It is sometimes called public international law in contrast to private international law which regulates private legal affairs affected by more than one jurisdiction. International law as a immense body which is a piecemeal collection of international customs; agreements; treaties; accords, charters (i.e. the United Nations Charter); protocols; tribunals; memorandums; legal precedents of the International Court of Justice (aka World Court) and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. International law includes both the customary rules and usages to which states have given express or tacit assent and the provisions of ratified treaties and conventions. International law is directly and strongly influenced, although not made, by the writings of jurists and publicists, by instructions to diplomatic agents, by important conventions even when they are not ratified, and by arbitral awards. The decisions of the International Court of Justice and of certain national courts, such as prize courts, are considered by some theorists to be a part of international law. In many modern states, international law is by custom or statute regarded as part of national (or, as it is usually called, municipal) law. In addition, municipal courts will, if possible, interpret municipal law so as to give effect to international law. Due to the diverse legal systems and applicable histories of different countries, laws addressing international law include both common law (case law) and civil law (statutes created by

governing bodies). Their application covers all the facets of national law to include substantive law, procedure, and remendies. There are three main legal principles recognized in much of international law, which are not required, but are based chiefly on courtesy and respect: Principle of Comity - in the instance where two nations share common public policy ideas, one of them submits to the laws and judicial decrees of the other. Act of State Doctrine - respects that a nation is sovereign in its own territory and its official domestic actions may not be questioned by the judicial bodies of another country. It dissuades courts from deciding cases that would interfere with a countrys foreign policy. Doctrine of Sovereign Immunity - deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its authority.In U.S., this is governed by the Foreign Sovereign Immunities Act (FSIA) of 1976. To be determined a sovereign state a naton must run its own government, with its own territory and population. There are both national laws and international agreements which govern/regulate international business transactions, which include investments, offshore banking, contracts, imports/exports, tariffs, dumping, trade and more.

Although there is no definitive governing body overseeing international law, the United Nations is the most widely recognized and influential international organization and the International Court of Justice (ICJ) is its judicial counterpart.

INTERNATIONAL LAW-U.S

ABA - International Law Section ABA International is the ABA in a smaller, but internationally focused version, working closely together with the other divisions and sections of the ABA, yet offering the full package in one place. As a result of our geographical diversity and its importance to us, our membership recruitment efforts are increasingly aimed outside the borders of the US.

Audiovisual Library of International Law The United Nations Audiovisual Library of International Law is a unique, multimedia resource which provides the United Nations with the extraordinary capacity to provide high quality international law training and research materials to an unlimited number of recipients on a global level.

Department of State - Foreign Policy Department Mission Statement: Advance freedom for the benefit of the American people and the international community by helping to build and sustain a more democratic, secure, and prosperous world composed of well-governed states that respond to the needs of their people, reduce widespread poverty, and act responsibly within the international system.

International Court of Justice The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Courts role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

International Criminal Court (ICC) The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the

perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Courts expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

International Criminal Tribunals and Special Courts The United Nations has established special international criminal tribunals in Rwanda and Yugoslavia to act against those responsible for violence during times of war and genocide. Successful convictions of these political and military leaders are meant to bring justice to victims and to prevent others from committing such crimes in the future.

International Humanitarian Law International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the warfare and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.

International Organization Immunities Act To vitalize the status of international organization of which United States is a member and facilitate their activities Congress has enacted the International Organization Immunities Act, which among other provisions defines the capacity of such organizations.

Private International Law - Department of State Welcome to the Private International Law site, maintained by the Office of the Assistant Legal Adviser for Private International Law (L/PIL) at the U.S. Department of State. The purpose of this web site is to provide a convenient location to find treaties in force for the United States, other international instruments, and information on current negotiations and projects covering the private international law of such areas as trade and commerce, finance and banking, trusts and estates, family and children matters, and international judicial assistance.

US Foreign Relations - Office of the Historian

The Office of the Historian is responsible, under law, for the preparation and publication of the official historical documentary record of U.S. foreign policy in the Foreign Relations of the United States series. It researches and writes historical studies on aspects of U.S. diplomacy for use by policymakers in the Department and in other agencies, as well for public information.

US, UN and International Law By Global Policy Forum this section posts articles on US policy towards the UN, international law and treaties. The section includes special coverage of the torture, prison abuse, performance and indefinite detentions at Guantanamo Bay, Abu Ghraib and other US-run prisons around the world.

ORGANIZATIONS RELATED TO INTERNATIONAL LAW

American Society of International Law The mission of the American Society of International Law is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. Inter-American Development Bank The IDB provides solutions to development challenges in 26 countries of Latin America and the Caribbean, partnering with governments, companies and civil society organizations. International Bar Association The International Bar Association (IBA), established in 1947, has a membership of 30,000 lawyers and 195 bar associations and law societies. The IBA has considerable expertise in providing assistance to the global legal community. International Chamber of Commerce (ICC) ICC (International Chamber of Commerce) is the voice of world business championing the global economy as a force for economic growth, job creation and prosperity. Because national economies are now so closely interwoven, government decisions have far stronger international repercussion than in the past. International Institute for the Unification of Private Law (Unidroit) The International Institute for the Unification of Private Law is an independent intergovernmental Organisation with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States.

International Law Institute

For fifty years the International Law Institute has worked to address the challenges faced by the international community by promoting economic development and rule of law. International Monetary Fund (IMF) The International Monetary Fund (IMF) is an organization of 185 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world. US Obligations Under International Law Nations are bound by treaties they choose to sign and fundamental principles that fall under the category of customary international law. There is no single world body that passes laws that are binding all the nations of the world. Thus, application of international law to the United States is not as clear cut as the application of domestic U.S. law. World Bank The World Bank is a vital source of financial and technical assistance to developing countries around the world. We are not a bank in the common sense. We are made up of two unique development institutions owned by 185 member countriesthe International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA).

HISTORY OF DIPLOMACY
The view in late medieval Europe that the first diplomats were angels, or messengers from heaven to earth, is perhaps fanciful, but some elements of diplomacy predate recorded history. Early societies had some attributes of states, and the first international law arose from intertribal relations. Tribes negotiated marriages and regulations on trade and hunting. Messengers and envoys were accredited, sacred, and inviolable; they usually carried some emblem, such as a message stick, and were received with elaborate ceremonies. Women often were used as envoys because of their perceived mysterious sanctity and their use. The word diplomacy has its roots in Greek and was later used by the French (diplomatie) to refer to the work of a negotiator on behalf of a sovereign. There is a long history of diplomatic activity going back at least two millennia. Sovereigns sent envoys to other sovereigns for various reasons: to prevent wars, to cease hostilities, or merely to continue peaceful relations and further economic exchanges. The first foreign ministry was created in Paris by Cardinal Richelieu in 1626. Other European countries followed the French example. As absolute sovereigns gave way to constitutional monarchies and republics, embassies and legations became more institutionalized all over Europe, and by the end of the nineteenth century European-style diplomacy had been adopted throughout the world. Diplomacy,the established method of influencing the decisions and behaviour of foreign governments and peoples through dialogue, negotiation, and other measures short of war or violence. Modern diplomatic practices are a product of the post-Renaissance European state system. Historically, diplomacy meant the conduct of official (usually bilateral) relations between sovereign states. By the 20th century, however, the diplomatic practices pioneered in Europe had been adopted throughout the world, and diplomacy had expanded to cover summit meetings and other international conferences, parliamentary diplomacy, the international activities of supranational and subnational entities, unofficial diplomacy by nongovernmental elements, and the work of international.

Nature and purpose

Diplomacy is often confused with foreign policy, but the terms are not synonymous. Diplomacy is the chief, but not the only, instrument of foreign policy, which is set by political leaders, though diplomats (in addition to military and intelligence officers) may advise them. Foreign policy establishes goals, prescribes strategies, and sets the broad tactics to be used in their accomplishment. It may employ secret agents, subversion, war, or other forms of violence as well as diplomacy to achieve its objectives. Diplomacy is the principal substitute for the use of force or underhanded means in statecraft; it is how comprehensive national power is applied to the peaceful adjustment of differences between states. It may be coercive (i.e., backed by the threat to apply punitive measures or to use force) but is overtly nonviolent. Its primary tools are international dialogue and negotiation, primarily conducted by accredited envoys (a term derived from the French envoy, meaning one who is sent) and other political leaders. Unlike foreign policy, which generally is enunciated publicly, most diplomacy is conducted in confidence, though both the fact that it is in progress and its results are almost always made public in contemporary international relations. Diplomats are the primarybut far from the onlypractitioners of diplomacy. They are specialists in carrying messages and negotiating adjustments in relations and the resolution of quarrels between states and peoples. Their weapons are words, backed by the power of the state or organization they represent. Diplomats help leaders to understand the attitudes and actions of foreigners and to develop strategies and tactics that will shape the behaviour of foreigners, especially foreign governments. The wise use of diplomats is a key to successful foreign policy.

Modern Diplomatic Practice

Diplomatic agents In 1961 the UN Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations to replace the 19th-century rules of Vienna and Aix. It specifies three classes of heads of mission: (1) Ambassadors or nuncios accredited to heads of state and other heads of missions of equivalent rank, (2) Envoys, ministers, and internuncios accredited to heads of state, and (3) Affaires accredited to ministers of foreign affairs. A charg daffaires ad interim is a deputy temporarily acting for an absent head of mission.

CONCLUSION
Just as men could not live together in a society without laws and customs to regulate their actions, so States could not have mutual intercourse without usages and conventions to regulate their conduct. International Law impinges on state sovereignty by creating new structures for regulating relations across borders. International Law and international norms limit state sovereignty in another way. They create principles for governing international relations that compete with the core realist principles of sovereignty and anarchy. Without International laws and customs, it is impossible for states to maintain relations on the basis of peace, harmony and mutual cooperation. Rather, then the rule 'might is right' will prevail that would be destructive for the global peace and humanity. Diplomacy will set the new rules of the game, particularly parliamentary diplomacy which is boosted by the globalization of the economy. Inter-dependency will impose diplomacy as the only game in the international chessboard. The emergence of numerous new states in central and Eastern Europe in the early 1990s and the new interdependent security environment makes diplomatic practice indispensable. UN, EU, NATO, WEU, CSCE will set the new political landscape in the 21st century. Diplomacy will enable the international community to prevent conflict that could re-ignite flashpoints and weaken whole regions. What remains to be seen is whether the governing elites of the world and peripheral powers and above all the only left superpower have the political will and determination to build a new world based on international law and the application of a constructive cooperative model of global governance.

REFERENCES
http://www.infoplease.com http://www.hg.org.com http://www.britannica.com http://www.redcross.com http://www.questia.com http://www.oup.com