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Diplomatic Interference and the Law

Gebonden Engels 2016 9781849464369
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Diplomatic interference carries considerable potential for disruption. In the past, diplomats have been accused of attempting to overthrow governments, of using bribes and threats and – as in the 2012 case involving wikileaks founder Julian Assange – granting asylum to persons wanted by judicial authorities. Reactions to these kinds of behaviour can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether.

What is the international law on interference? Interference affects one of its cornerstones – the sovereignty of the receiving state – but that is not the only value which the law recognises. Diplomats can often point to the pursuit of legitimate functions or to the protection of human rights, and these aspects too, are appreciated by the international community.

Diplomatic Interference and the Law investigates the main areas in which charges of meddling have arisen, including diplomatic contacts with opposition parties, propaganda activities, the granting of asylum and the use of threats and insults. It analyses situations in which sovereignty meets with competing interests and suggests solutions which avoid a conflict of norms. It also offers advice to foreign offices, diplomats and scholars who encounter this phenomenon on a regular basis and highlights the most efficient ways of dealing with situations of this kind.


Aantal pagina's:536


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Over Paul Behrens

Dr Paul Behrens is a Lecturer (Assistant Professor) in Law at the University of Edinburgh, where he has established the LLM course on Diplomatic Law and is also responsible for an LLM course on International Criminal Law. He has taught in the past at the University of Leicester and has been a Visiting Lecturer / Visiting Researcher at the universities of Uppsala (Sweden), Stockholm (Sweden), Kiel (Germany) and other universities.

Andere boeken door Paul Behrens


Preface vii
Abbreviations xv
Table of Cases xvii
Table of Treaties and Other Materials xxv

Introduction 1
1. Troublemakers and Lawbreakers: Why Diplomatic Interference Matters 2
2. In Search for Guidance: Who Speaks about Diplomatic Interference? 5
3. Solving the Puzzle: How to Approach Diplomatic Interference 9

Part I: Towards an Understanding of Diplomatic Interference
1. Diplomatic Interference: A Historical Overview 27
2. The Concept of Diplomatic Interference Today 40
3. Diplomatic Interference and Competing Interests 57
4. Resolving the Meeting of Competing Interests 99

Part II: Fields of Diplomatic Interference
5. Lobbying Activities 139
6. Partisan Behaviour 154
7. Propaganda 171
8. Employment of Money and Other Material Means 192
9. Insults and Criticism 208
10. Threats and Intimidation 224
11. Diplomatic Asylum 237

Concluding Thoughts 262

Annex A — Timeline of Diplomatic Interference 277
Annex B — Draft Codes and Travaux Pr é paratoires 387
Annex C — Selected Instruments on Diplomatic Law (excerpts) 397

Bibliography 425
Index 467

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