5. Право внешних сношений. Дипломатический корпус. Понятия gunboat diplomacy, coercive diplomacy, shuttle diplomacy.

International diplomatic relations law — the combination of principles and norms that govern the international activity of states

The term diplomatic corps denotes the entirety of all diplomatic representatives, ambassadors and ministers (in case of the Vatican, nuncios and internuncios), as well as charges d'affaires. However, in a broader sense, the diplomatic corps includes not only heads of missions but also the diplomatic personnel headed by them and those persons who enjoy diplomatic status.

Diplomatic corps:

• _{has no status of a political organisation or a body based on international law}

• _{allows more effective solutions of certain protocol}

• _{makes it easier to brief all diplomatic mission on all the aspects of the country}’s political course

• _{facilitates the contacts with the country}’s official circles and among the mission itself

• _{headed by doyen}

doyen - head of diplomatic mission with longer term of stay in a given country. He has no position to give orders, but still the post is very respected. (he may brief just arrived colleges, hold unofficial consultative meetings)

gunboat diplomacy - the practice of threatening to use force against another country to make them agree to your demands

shuttle diplomacy – international talks in which someone travels between countries and talks to members of the government, for example to make a peace agreement

coercive diplomacy - refers to the use of threats or limited application of force to persuade an opponent to call off or undo an action. For instance giving up a territory that has been occupied. Coercive diplomacy differs from deterrence. In deterrence threat is employed to dissuade (отговаривать) an opponent from undertaking an action that has not yet been initiated.

If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions a chargé d'affaires ad interim shall act provisionally as head of the mission.

6. Функции дипломатического представительства. Понятия: агреман, persona non grata, верительные грамоты, отзывные грамоты.

Functions of diplomatic mission:

• _{represent the sending state}

• _{protect the interest of the sending state and its nationals}

• _{negotiate with the government of the receiving state}

• _{ascertain (}устанавливать) and report to the government of the sending State the conditions and developments within the receiving State.

Diplomatic law - ancient roots, today comprises a large developed body of law, from a variety of sources.

The 1961 Vienna Convention on Diplomatic Relations (VCDR): over 180 parties, comprehensive legal framework for the conduct of diplomatic relations. VCDR sets out the primary functions of diplomatic missions:

• _{to represent the sending State}

• _{to protect the interests of the sending State and its nationals}

• _{to negotiate with the government of the receiving State}

• _{to ascertain and report the conditions and developments within the receiving State}

• _{to promote friendly relations and develop them in economic, cultural and scientific fields}

Agrément – the consent of the receiving State for the appointment of the head of mission. The receiving State is not obliged to give reasons to the sending State for a refusal of agrément.

• _{Other diplomatic agents} – just notifications of arrival and departure.

• _{military, naval, air attaches} – names submitted beforehand for approval

The receiving State is at any time (including before their arrival), entitled to inform the sending State that the head of mission or any other member of a mission is persona non grata, or unacceptable, without giving reasons for doing so. The sending State must recall the person or terminate his functions within a certain period of time.

Letters of credence:

• _{official document}

• _{new head of mission should be provided with}

• _{proves the diplomatic character of the mission and diplomatic representative}

• _{signed by the Head of State, countersigned by Minister for Foreign Affairs}

• _{must be opened by the Head of State at the time of presentation}

• _{placed in an envelope sealed with wax}

• _{traditionally ornate in style}

Letters of recall: official document sent to the Head of the receiving State to recall the Head of Mission from his post.