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ACTIVITY OF FOREIGN POLICY BODY WITHIN THEKurmanguzhin S. A.
DIPLLI ANDCDI
MATIC NSULAR RVICE
.
Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only. S. A. Kurmanguzhin DIPLOMATIC AND CONSULAR SERVICE
Almaty 2003
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only. BBK 66,4 K93 Recomended by AJ-Faraby Academic Council KNU Protocol N93, 19.1 i.02 Recomended by KAU Scientific-methodical Council Protocol N°2, 30.05.02 REVIEWERS: Ibraeva G.J. - Doctor of political science, Professor, Sarsemhaev M.A. - Doctor of juristical science. Professor; Kuanisev A.Sh.- Honarable Member of New-York Academy of siences. Vice-Rector, Kazakh-American University
KurmanguzhinS.A. K 93 Diplomatic and consular service. Almaty: Kazakh national university, 2003, - 200 p. ISBN 9965-12-340-3 K 0802000000-107 460(05)03 BBK66.4
ISBN 9965-12-340-3 © Kurmanquzhin S.A., 2003
CONTENTS DIPLOMACY AND DIPLOMATIC SERVICE......................................................... 7 Concept of diplomatic service......................................................................................... 7 ORIGIN AND BASIC TYPES OF DIPLOMACY.................................................. , 12 7. Diplomacy of slave-holding states....................................................................... ,.,., 12 2. Diplomacy of feudal states....................................................................................... 13 3. Diplomacy of new time............................................................................................. 16 SOURCES OF DEVELOPMENT OF DIPLOMATIC SERVICE OF KAZAKH KHANS............................................................................................... 18 /. Sources of development of diplomatic relations Kazakh Khans with the countries of Central Asia, Iran, Russia in the period of 16-17 centuries......................................................................... IS 2. Diplomatic relations of Kazakh khans with Russia, JungarKhans, Iran in 18 century......................................................................................................... 22 3. Multiplanned external policy activity ofAblay khan................................................... 23 ACTIVITY OF FOREIGN POLICY BODY WITHIN THE SOVIET ENTRY OF KAZAKHSTAN INTO THE SYSTEM OF INTERNATIONAL RELATIONS............................................................................. 30 1. Finding of the sovereignty and independence of the Republic of Kazakhstan........... 30 2. Solving of problems of the nuclear weapon on the territory of Kazakhstan.............. 32 3. Basic directions of the activity of foreign policy body............................................... 34 STANDARD-LEGAL BASE OF ACTIVITY OF FOREIGN POLICY BODY OF KAZAKHSTAN....................................................................... 37 1. First standard-legal documents of the activity of UFA of Kazakhstan...................... 37 2. Development of standard-legal base of the Ministry of foreign affairs the Republic of Kazakhstan.......................................................................................... 42 CONCEPT OF STATE BODIES OF EXTERNAL RELATIONS, THEIR KINDS AND FUNCTIONS. PARTICIPATION OF A PUBLIC IN DIPLOMATIC ACTIVITY......................................................................................... 43 1. Concept of state bodies of external relations............................................................. 43 2. Central staff of the body of foreign affairs................................................................. 45 3. Foreign bodies of external relations......................................................................... 46 4. N on- state bodies of external relations..................................................................... 46 5. Participation of a public in diplomatic activity......................................................... 48
/. Bodies of external relations of the United States of America.......................... 49 2. Bodies of external relations of the Russian Federation................................... 51 3. Bodies of external relations of Great Britain.......... ,......................................... 53 4. Bodies of external relations of France and Japan............................................ 54 BODIES OF EXTERNAL RELATIONS OF THE REPUBLIC OF KAZAKHSTAN. THE CENTRAL STAFF OF MFA OF THE REPUBLIC........................ 56 ./. Bodies of external relations of the Republic of Kazakhstan............................ 56 2. Central staff of the Ministry of foreign affairs of the Republic of Kazakhstan 56 DIPLOMATIC REPRESENTATION, ITS TASKS, FUNCTIONS AND PERSONNEL........................................................................................................ 62 /. Basic kinds of foreign bodies of external relations................................... ,...... 62 2 Diplomatic representation, its tasks, functions and personnel........................ 63 DIPLOMATIC REPRESENTATION OF THE REPUBLIC OF KAZAKHSTAN........................................................................................................ 68 LEGAL STATUS OF DIPLOMATIC REPRESENTATIONS............................................. 75 /. Immunities and privileges of diplomatic representation audits employees... 75 2. Diplomatic right of special missions.. ,............................................................... 77 J. Diplomatic right of the in temational organ 'nations........................................ 78 ACTIVITY OF EMBASSY IN NORMAL CONDITIONS AND EXTREME SITUATIONS...................................................................................... 81 /. Activity of an embassy in normal conditions...................................................... 81 2 Activity of an embassy in conditions of extreme situation............................... 83 CONCEPTS OF TYPES AND KINDS OF INTERNATIONAL ORGANIZATIONS, THE UN.......................................................................................... 87 1. Concept of types and kinds of international organizations............................ 87 2. The United Nations Organization (the UN)........................................................ 88 INTERNATIONAL MEETINGS AND CONFERENCES.................................................. 94 /. Concept of an international conference.............................................................. 94 2. Preparation and convocation of the international conferences..................... 95 3. Rule of procedure and order of acceptance of decisions................................ 96 4. Delegation of states and bodies of conferences................................................ 98
CONCEPTUAL BASES OF NEGOTIATION PROCESSES. PLANNING, PREPARATION AND ORGANISATION OF NEGOTIATIONS. METHODOLOGY OF NEGOTIATION PROCESS........................................................ 100 /. Conceptual bases of negotiation processes...................................................... 100 2. Planning, preparation of negotiation................................................................ 101 3. Methodology of negotiation process.................................................................. 104 BILATERAL AND MULTILATERAL NEGOTIATIONS............................................... 107 1. Bilateral negotiation............................................................................................. 107 2 Multilateral negotiation.................................................................................... .„. 110 DIPLOMATIC WAYS OF THE SETTLEMENT OF INTERNATIONAL 1. Diplomatic ways of settlement of the international conflicts......................... 113 2. Features of practical activity of special missions and delegations.............. 1.16 3. The function of international arbitration and international court in the 4. Preparation and realization of visits on the highest, high and working levels............................................................................................................ 118 TECHNIQUES OF COLLECTING, ANALYSING AND ESTIMATION OF INFORMATION.................................. ,..................................... 120 1, Technique of the collecting of information............... .,...................................... 120 2. Accumulation, analysis and estimation of information................................... 124 DIPLOMATIC CONTACTS, DIPLOMATIC CONVERSATIONS, RECORD OF CONVERSATION.............................................................................. 126 /. Establishment of diplomatic contacts................................................................. 126 2. Record of a conversation..................................................................................... 130 INFORMATION AND PROPAGANDA ACTIVITY OF FOREIGN POLICY PERSONAL AND VERBAL NOTES, MEMORANDUMS, MEMORABLE NOTES, PRIVATE LETTERS OF SEMI-OFFICIAL CHARACTER, STATEMENTS OF GOVERNMENT AND MINISTRY FOREIGN AFFAIRS ... 140 Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
PREPARATION OF THE OPERATIVE-DIPLOMATIC TELEGRAM................. 148 INFORMATION-ANALYTICAL WORK. THE INFORMATION ON THE SCHEMA................................................................................................... „ 156 DIPLOMATIC STAFF. PERSONAL QUALITY AND SKILL OF DIPLOMAT. 1. Diplomatic staff. Personal quality and skill of a diplomat............................ 163 2. The center- representations abroad................................................................... 166 THE BASIC TASKS OF THE KAZAKHSTAN CONSULAR SERVICE. ORGANIZATION OF ITS WORK AND STRUCTURE. THE CONSULAR CHARTER OF THE REPUBLIC OF KAZAKHSTAN............................................ 171 L The basic tasks of the Kazakhstan consular service......................................... 171 2. The organization of work and structure of the consular service of UFA RK........ 172 3. The consular charter of the Republic of Kazakhstan....................................... 176 THE LAWS, OTHER NORMATIVE ACTS OF THE REPUBLIC OF KAZAKHSTAN AND THE USSR REGULATING THE ACTIVITY OF THE CONSULAR SERVICE. CONSULAR CONVENTIONS AND OTHER AGREEMENTS ON CONSULAR ISSUES. THE VIENNA CONVENTION ON CONSULAR RELATIONS, 1963................. 180 /. The laws, other normative acts of the Republics of Kazakhstan and the USSR regulating activity of the consular service................................... 180 2. The Vienna convention on consular relations, 1963................... ,................... 182 3. The consular conventions and other agreements on consular problems..... 184 ORDERS OF ENTRANCE INTO THE REPUBLIC OF KAZAKHSTAN, TASKS OF CONSULAR SERVICE IN THE DEVELOPMENT OF TRADE-ECONOMIC RELAATIONS WITH FOREIGN STATES.............................. 187 1. The order of entrance in the Republic of Kazakhstan and departure from the Republic...................................................................................................... 187 2. Task of the consular service in development of trade-economic relations with the foreign States............................................................................................... 190 3. The order of registration of the consular documents on notary issues, legalization and vindication of documents............................................................ 191 REFERENCES............................................................................................................ 199 Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
Concept of diplomatic service The word diplomacy appears from the Greek word of "diploma", which means dual small plank, given to the envoy of the ancient Greece in quality of letters of credence and documents confirming their power. In a broad sense "diploma" is meant as the official document, to which the privilege is given. There are also other definitions of this word. Satow A. gives definitions of diplomats Flasson, Martens, Kluber etc. So, Flasson determines diplomacy as "a science of external relations, in basis of which the study of the diplomas or written acts outgoing from Monarchs lay". In opinion of the diplomat Martens F., diplomacy is "a science or art of negotiations... diplomacy covers all system of interests inducing that or other mutual relations between nations, subject of diplomatic activity is security of peoples, their calmness and advantage... The direct purpose is the maintenance of the world and kind consent between powers". Kluber develops the definition of diplomacy as an art of negotiation. He approves, that diplomacy is " a set of knowledge and principles necessary for correct conducting of public businesses between states". Further diplomacy was considered "as a set of knowledge and principles necessary for correct management of international businesses, maintenance of external relations, protection of national interests of peoples and their governments in their mutual contacts, both peaceful and hostile". The term diplomacy, in opinion of the French diplomat Revier, is used in threefold meaning. 1. "Science and art to represent the state and to negotiate". 2. Simultaneously this word covers ail bodies, "carrying out 3. Under the word diplomacy career or activity of the diplomat is In England the first case of the use of this word concerns to 1645. Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
'The diplomatic service" is meant concept that branch of a state service, which directs the personnel of constant missions abroad. As the numerous sources testify, the word diplomacy began to be used in Western Europe from the end of the 18th century and had received a wide circulation. The special form of diplomatic activity of the states promoted that the scientists and diplomats began to give various definitions of diplomacy. So, the English diplomat Satow A. writes: "diplomacy is an application of mind and step to conducting official relations between the governments of independent states, and sometimes their attitudes with vassal states or, it is even shorter, the business management between the states by peaceful means". There are also other well-known concepts of diplomacy, besides listed above, where the diplomats and scientists consider diplomacy as art of negotiating. The well-known English diplomat and publicist Nicolson G. determines as follows: "... diplomacy is conducting international relations by means of negotiations". In his work "Evolution of a diplomatic method" Nicolson writes that the words "diplomacy" and "diplomatic" do not mean external policy or international law and art of negotiating. The French diplomat Garden G. writes: "diplomacy in a broad sense of this term is a science studying external relations or foreign affairs, in exactor sense is a science or art of negotiations". German lawyer -foreign affairs specialist Martens G. adheres to the same opinion. He considers that diplomacy is "a science studying external relations or foreign affairs of a state, and narrower sense - science or art of negotiations". Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
All civil servants engaged in businesses of a diplomatic service are considered diplomats. They can be in the service of foreign affairs department or embassies and other diplomatic representations abroad. From the most famous people carrying out the diplomatic function Makievelly (1469-1527), Taleiran (1754-1838), Bismark (1815-1898), Gorchakov (1798-1883) can be noted. In the Oxford dictionary of the English language such definition of diplomacy is given. "... Diplomacy is conducting of international relations by means of negotiations; a method, through which these relations are adjusted and are conducted by ambassadors and envoys; work or art of a diplomat". The brief list of definitions of the word diplomacy shows that in the literature diplomacy was considered as "the science studying external relations ", " art of negotiating ". Concepts "old diplomacy" and "new diplomacy" appears in the world literature of the 20th century. It is explained that in times of Taleiran and Bismark and in our days there were essential changes in methods and applications of diplomacy. The American diplomat Margentau G., speaking about modern diplomacy, considers that diplomacy should base on three means: belief, compromise, and threat by force. "The Art of diplomacy is to make correct accent at each concrete moment on one of these three means available at its orden Diplomacy, which carries out also other functions, can fail at protection of national interests and in the preservation of peace, if it will make an emphasis on belief, when first of all circumstances require a compromise. Diplomacy, which does the rate on the compromise when it is necessary first of all to demonstrate military power of the state, or emphasizes military power in conditions, when the political situation requires belief and compromise, also will fail". The Canadian public figure and diplomat Pirson B. considers that while in nuclear century relations between states have changed and the methods of external policy realization are expressed in the combination
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The most complete definition of diplomacy is given in the diplomatic dictionary. "Diplomacy is means of realization of foreign policy of the state, representing set of not military practical measures, acts and methods used with the consideration of concrete conditions and character of soluble tasks; official activity of the heads of states and governments, ministers of foreign affairs, diplomatic representations abroad, delegations at the international conferences in realisation of the purposes and tasks of external policy of the state, the protection of rights and interests of the state, its establishments and citizens abroad". Corypha'eus of the Soviet diplomacy Gromiko A.A. stressed direct connection between foreign policy and diplomacy. He said, "Concept of the foreign policy covers a general rate of the state in the international affairs. Diplomacy is a compound of organic part of foreign policy, international activity of the state. The foreign policy determines aims and tasks of diplomacy... Foreign policy and diplomacy make the whole, components of which are not devided from each other". The basic directions of activity of the diplomatic service are diplomatic congresses, conferences, meetings, diplomatic correspondence by means of letters, notes, statements, memorandums and other documents. The diplomatic service includes preparation both conclusion of international treaties and agreements. One of the forms of the activity of the diplomatic service is the daily representation of the state abroad, carried out by embassies and missions. Besides that the diplomatic service carries out participation of the state in the activity of international organisations. Diplomacy is the major tool of the international co-operation and settlement of disagreements between the various states and it is adjusted by norms of international law. Simultaneously diplomacy can render influence on creation of such norms. In a broad sense the word diplomacy is possible to define as official activity in representation of the subject of international law, in protection by means of peace rights and interests of the subject of international law, rights and interests of its citizens. Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
In a broad sense the diplomatic service is the organisation and the system of activity of special bodies engaged in special realisation of tasks diplomacy of the state. As the history of diplomacy shows the organisation and the methods of the diplomatic service are closely connected with political system and social nature of the state. After declaration of the independence of the Republic of Kazakhstan there is a new subject of international law in the international arena. According to the Constitution of the Republic of Kazakhstan, accepted on August 30, 1995 the President of the Republic of Kazakhstan determines "the basic directions of internal and external policies of the state and represents Kazakhstan inside the country and in international organisations". According to in the law of the Republic of Kazakhstan "About a Diplomatic service", accepted in 1997, the legal bases and order of organisation of the activity of the diplomatic service of the Republic of Kazakhstan are determined as part of the state service. In the Law such definition is given: "The diplomatic service of the Republic of Kazakhstan is the professional activity of the citizens in state bodies which are carrying out foreign policy activity of the Republic according to the legislation and the international treaties of the Republic of Kazakhstan". "The consular service is a part of the diplomatic service which is carried out on the basis of the Consular charter of the Republic of Kazakhstan,authorised by the President of the Republic of Kazakhstan". The bodies of the diplomatic service of the Republic of Kazakhstan consist of the Ministry of foreign affairs, diplomatic and consular representations, representations at the international organisations, representations of the Ministry of foreign affairs on the territory of Kazakhstan, Department on service of the diplomatic corps, Diplomatic Academy and other educational establishments which are under the supervision of MFA RK. Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
ORIGIN AND BASIC TYPES OF DIPLOMACY /. Diplomacy of slave-holding states Diplomacy starts from most ancient times, when there was a necessity of an establishment of the primitive forms of external relations not only between states, but also between tribes. At the earliest stages of development of interstate relations the known forms and measures being a basis creation of diplomacy began to be developed. The basic centres, where in an antiquity the international relations were supported, were Near, Middle and Far East, Greece, Italy, Western Mediterranean, Northern Africa. The form of diplomacy depended on state system. In the countries of ancient East kings, in Greece -national assemblies, in ancient Rome - national senate, later Emperors, supervised diplomatic activity. The constant diplomatic communications were not present; the diplomatic activity was supported by incidental embassies, which were directed to the various countries with the certain mission. The basic means of realisation of external policy of slave-holding states were violent, military methods. At the conclusion of peace basic efforts were directed on settlement of disputes by diplomatic methods. The most ancient form of the international communications in Greece vvas "proksenya" - hospitality. Proksenya existed between cities, tribes, whole states. Other kind of the international communications was "amfiktonee" - religious unions (most influential Delfee-Fermopill amfiktonee), discussing at their congresses not only religious problems, but also problems of war and peace. Agreements and military-political unions served the third kind of the international communications -"symahee", created for joint conducting wars. Most significant were Lakedoinon and Athenian symahee. After acceptance of the agreement each part had to cut out the texts of the treaties on a stone pole and to store in one of the main temples. The treaties were written in several languages. Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
What diplomatic bodies existed in this period? In Greece of the classical period the national assemblies played significant role in external policy. In Rome of the classical period the political chief of external policy was the Senate. In ancient Rome two types of the allied treaties were known: "unions equal" and "unions unequal", consisting from the defeated but unsubdued enemy. The diplomatic practice of antique times shows that, as Nicholson G. represents, it had three main advantages and three lacks. - The Greeks recognized that the international relations should be based on certain principles; they put diplomatic engineering and international law on the foundation; the public development of the documents eliminated an opportunity of the confidential agreements. It is possible to relate to lacks that international negotiations depended on the decision of National assembly, which was not always objective, despotic government and in structure of embassies there were active politicians, instead of well-trained diplomats.
The diplomatic communications in the feudal period arose between the states grouped around of the various centers. Main of such centers was Western Europe, Byzantium, and Arabian caliphates, China, India. The diplomatic communications carried incidental character and the uniform rules of diplomatic practice could not develop. In early middle ages there were no strong steady borders, the states were created and broke up. Diplomacy is focused on efforts to settlement of the arisen disputes between states. It was used only, when the states had to negotiate on settlement of relations with each other, to agree about the termination of armed collisions, conclusion of temporary unions. As against the states of Western Europe Byzantium carried out the
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First foreign policy department of Russia was the Ambassadorial order, created at the time of Ivan Grosny. There were no constant diplomatic representations of Russia abroad. Chinese diplomacy was formed during governing of the Chinese dynasties Hun, Tan, Min, and Sin. The history of Chinese diplomacy totals over two thousand years. Many scientists mark, that Chinese diplomacy always differed by its pragmatism and large flexibility. In feudal China there was an advanced organisation of a diplomatic service. The diplomatic efforts of the states, existing on the territory of India in the Middle Ages, were directed on the submission of fine and average principality by military and diplomatic means. The Portuguese and Dutch merchants, official representatives of the English and Moscow states supported the incidental diplomatic connections. The appearance of the professional staff of diplomats goes back to 15-16 centuries. Absolute states create the army and extensive diplomatic service. In many states there are bodies of foreign affairs and embassies of constant activity. As the historians testify, Italy first began to direct constant representations at foreign court. The first embassy was authorised and directed to Florence (1446). Florence, in its turn, directed the ambassadors to other states. The special rules were produced for ambassadors. Famous Florentines: Dante, Petrarka, Bokacho and later Makievelly were involved in the diplomatic service. Florence even delivered the diplomats for other countries, such as Czech, France, England. Other West-European countries began to direct the constant diplomatic representatives in the 16th century. The ambassadorial business promoted appearance of the special profession. The international professional diplomats appeared, who served to different governors. After constant diplomatic representations at the beginning of the 16th century Pope nuncioship arises. The Pope nominates nuncio in Germany, France and England. Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
In England in 1792 the ministry of foreign affairs was formed. Before this time during early Middle Ages the foreign correspondence was managed by clerk, later this post was transformed into the post of a secretary, then royal secretary, and state secretary. In result of later transformations the special department, headed by one more state secretary, was created. In Russia the Ambassadorial order is replaced by the Board of foreign affairs and later by Ministry of foreign affairs. The creation of foreign policy bodies appeared in many countries. In the USA, after ending struggle of the American people for independence and transformation of the Union of states of Northern America to the Federal state, the Foreign policy department, led by State secretary, was created. With development of diplomatic institutions the rules of law of interaction between states were simultaneously developed, the special branch of legal science - international law appeared. In 16-17 centuries there were studies, devoted to ambassadorial activity and the rights of ambassadors, diplomatic practice, etiquette etc. The methods and measures of diplomacy, the diplomatic protocols were born in difficult times. The expansion of political interactions of states promoted development of institutions of the diplomatic service. By the 18th century the process of registration of the diplomatic service in all European countries was completed. It was necessary to issue the activity of the diplomatic service in international-legal plan. Other form of diplomatic activity became diplomatic congresses, where the disputable international problems were adjusted. Westvaco peace treaty in 1648, made after the ending of thirty-year war, had established some principles of constant relations between states. Simultaneously with the establishment of the diplomatic service and the formation of the diplomatic law, the practice of the conclusion of
In the period of 16-19 centuries there was a constant qualified diplomatic staff in worldwide. 3. Diplomacy of new time The external policy of big states in thel9th and the20th centuries gets character of global policy. The expansion of political influence on the countries f located on various continents of the world, has resulted that they became components of the uniform plan of external policy turning to global policy. Diplomacy undergoes significant modernization, uses economic interest of the certain groups and internal political disagreements in other countries. There are former measures, when the payoffs, political subversion, treacherous infringement of treaties, preparation of the armed revolutions are applied. Diplomacy of no fascist states could not stop aggressive activity of fascist powers. This period could not enrich the diplomatic service by essential new characteristics. The appearance of the Union of the Soviet Socialist Republics (USSR) in the international arena promoted development of new socialist diplomacy. The difference of it was that it served the interests of working people. Socialist diplomacy was under the construction of scientific base of Marxism Leninism, the principles of dialectic and historical materialism both all-round analysis of the objective and subjective factors of the international relations. Overall objectives of the socialist diplomacy were strengthening of the unity of socialist countries, respect of the sovereignty of large and small states, struggle against aggression, prevention of nuclear war threats, and all-round co-operation with all countries of the world on the basis of a principle of peaceful coexistence. These principles were fixed in carrying out external policy of the Soviet Union. The body of foreign affairs of the Soviet Union was formed at the Second All-Russia congress of Councils of workers and soldier's deputies on November 7-8,1917. All problems of internal and external policies of the Soviet state were examined in the USSR Communist party Central Committee and Political bureau. Activity of the
The USSR ministry of foreign affairs carried out external policy, determined and directed by high party and state bodies of the country. MFA prepared proposals and carried out accepted decisions, represented and protected the interests of the Soviet Union in the international relations, carried out the diplomatic and consular relations with the foreign states, relations with the international intergovernmental organisations. Besides it the USSR MFA supervised over the activity of diplomatic representations both consular establishments and representations of the Soviet Union at the international organisations, carried out on behalf of the state negotiations with the foreign states and concluded the international treaties and agreements. Between the two World wars the USSR the new forms of activity enriched diplomatic service. In September 1934 the Soviet Union entered the League of Nations - international intergovernmental organisation. For years of activity in this organisation the USSR consistently struggled for the peace and collective security, exposed fascist aggression and Munich policy of western powers. Appeals to general and complete disarmament have already sounded during this period. During the Second World War peculiar of the Soviet Union diplomatic activity was the creation of antihitler coalition, which had important meaning for the victory over Germany and Japan. The Soviet diplomacy had brought large contribution in the definition of bases post-war world that had found reflection in the UN Charter. In the period of "cold war" there were new forms and methods in the USSR diplomatic service activity. The constructive co-operation of the countries, which begun in the frameworks of antihitler coalition, was narrowed. The diplomatic service was directed on strengthening and development of the socialist international relations (bilateral treaties on friendship, co-operation and mutual aid), creation of the international organisations of the socialist countries - Council of economic mutual aid and Organisation of the countries of the Warsaw pact. The diplomatic service of the Soviet Union used every possible international-legal forms and means for the peace; the treaties on
Diversified methods used by the Soviet diplomacy were: offensive character in the struggle for strengthening and development of peaceful relations, use of compromises in the interests of the world and peaceful co-existence, not mentioning the nature of socialist construction, wide use of methods of negotiations. SOURCES OF DEVELOPMENT OF DIPLOMATIC SERVICE OF KAZAKH KHANS 1. Sources of development of diplomatic relations Kazakh Khans with the countries of Central Asia, Iran, Russia in the period of 16-17 centuries The appearance and development of the diplomatic relations of Kazakh Khans with the countries of Central Asia is connected with external policy of the Kazakh khans directed on expansion of territory, on the strengthening of power over cities and steppe of Sirdarya, areas of East Dashty - and - Kipchak. The political interests of the first Kazakh Khans were focused on Bukhara, Tashkent, Turkistan and Kashgar. The first state was Mogulstan, with which the founders of Kazakh khans-Janibek and Girey had entered the allied relations. Muhamed Haydar Dulaty wrote "friendly and peaceful relations from the time of Esen Buga up-till ruling of Abu~ar-Rashid khan (30 years of the 16th century). In this period the bases external relations of the Kazakh and population of other part of Mogulstan were created. The problems of the declaration of war and the conclusion of treaties were only in responsibility of khans. The expansion of a territory and rising of Kazakh Khans started at Kasim khan. Alongside with military successes Kasim khan diplomatically used disagreements between Shaibanids and Iran shakh Ismail 1 for strengthening the authority in the south of Kazakh Khans and also fierce struggle of various groupings inside Shaibanids. Diplomacy as the phenomenon of political culture is formed in the
At the second half of the 16th century Kazakh Khans were strongly weakened. The sources testify about internecine wars with Uzbek, Nogay and Mogul governments, which were former allies. During this period military institute was social base, around of which there were these states. The strengthening and association of Kazakh Khans were observed at Hakk-Nazar khan. Diplomatically using struggle of feudal groups in Nogay Ord5 Hakk-Nazar khan managed to attract Nogay murzaz on his part. In Vilyaminov-Zernov research about Kasim king and princes was informed that Nogay murzaz Ismail wrote to Ivan 1Y about his nephews, who joined the part of Kazakh khan. Sent by Russian Tsar to Nogay Ord Semen Maltsev had informed that" the Kazakh Ord of Hakk-Nazar king " had entered Nogay steppe and the part of grounds departed to Kazakh Khans. The English traveler Jenkinson testified the power of the Kazakh of that time," The Kazakhs are strong and powerful people, who three years restricted Tashkent and stopped the interference free driving of caravans by robberies ". Kazakh-Kirghiz union resisted in the struggle of East Turkistan with Moguls. In some sources Hack Near was presented as " a ruler of Kazakh and Kirghiz ". At the second half of the 16th century external policy history of Kazakh Khans had its own features. Rise of political activities of the Kazakh or its failure were characteristic ones for this period. Kazakh Khans, occupying huge steppe and the space, at the end of the 16th century had appeared limited in steppes and mountains of Semirechya, to the south of a line Sarisu. At khan Tawekele (Tevekele) in 1586-1598 Kazakh Khans, according to agreements made still at Kasim khan, rendered support to Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
In the 17th century external policy situation of Kazakh Khans was difficult. Tauke khan had undertaken attempt to strengthen the authority with the help of such social support as institute of Beas, making authoritative one among the people. Council of Beas with participation of the most influential representatives of three juzez, having unshakeable authority was created. The Senior juz was represented by Tole bea, Middle juz -Kazbek bea, Younger juz - Ayteke bea. Put forward beas played a main role in khan council. Their wisdom and determination were directed on the decision of state affaires connected to internal and external policies of Kazakh Khans. In external policy actions during governing of Tauke khan the certain successes were observed. Union with Kirghiz, to which the part of Kara kalpaks had joined, constrained the impact of Jungars. There were negotiations with Bukhara khan Subkhakuly concerning returning of Tashkent. At the same time Tauke khan persistently achieved Russian - Kazakh rapprochement. Only for the period of 1686 -1693 he had sent five embassies with the important diplomatic assignments to Russia. Despite of certain difficulties the peaceful relations between Kazakh Khans and Russia were kept. Kazakh Khans continuously conducted wars, asserting its independence. In these conditions it was compelled to search for the
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One of the first ambassadors directed to the Kazakh steppe in 1573 was Tretyak Chebukov. Tsar Ivan Grosny had put before the embassy a task - an establishment of military union of Russia and Kazakh Khans in the struggle against Siberian khan Kuchum. In his turn, khan Kuchum who was afraid of possible union had attacked the embassy and destroyed all of its members. By the further development of diplomatic contacts between Russian state and Kazakh Khans was the embassy of khan Tawekele. At the end of 1594 the Kazakh ambassador Kul-Mukhamed arrived in Moscow for the conclusion of the friendly agreement with Russia. The embassy of Ku]-Mukhamed achieved the reception of the Russian tsar for the support in the struggle against Bukhara empire. An active position of Kazakh Khans was in strengthening of its borders and searching allies of Russia in the struggle against Siberian and Bukhara khans and it demonstrated the concurrence of political positions of the two states. Besides in this period there were tendencies on consolidation not only political, but also Russian- Kazakh trade communications. The consolidation of Russian - Kazakh relations was promoted by the embassy of Villyamini Stepanov to khan Tawekele in January 1595. One of Tawekele sons was sent together with Stepanov embassy for strengthening of arrangements in Russia. At the beginning of the 17th century Jungars Khans appeared on arena. There were numerous clashes and wars of Jungars with Kazakh khans. In the period of peace Kazakh embassies from sultan Ginger arrived in the Headquarter of huntaygy Batur, The embassy, however, could not settle problems between Kazakh and oyrat feudal. Jungars attacked the Siberian lands including in the structure of Russia. The Moscow state was interested in the conclusion of untijungar union with Kazakh Khans. In conditions of amplifying pressure of Jungar Khans and activation of its external policy in all directions, Kazakh khans, in their turn, carried out active negotiations with khans of Kirghiz tribes, Bukhara and Hiva for joint repulse of Jungar invasion. However
2. Diplomatic relations of Kazakh khans with Russia, Jungar Khans, Iran in 18 century Kazakh Khans, divided into three independent juzez, had shown the political weakness, despite of military successes of batirs in war with Jungar. At the beginning of the 18th century Kazakh Khans was attacked from different directions. Being in the ring of the enemy environment the Kazakh khans tried to solve problems of the Great steppes security not only by military way, but also by diplomatic methods. On November 6,1728 khan of Middle juz Semeke sent his embassy to the Volga Kalmyks for peace negotiations. Having secured the rear, the Kazakh khans and sultans were going to direct the main impact against Jungar armies. Each sent embassy was allocated with the right of diplomatic pressing on the Governors and carried out policy, favorable to the state. For example, in 40 years khan of Younger juz Abilkhair had to conduct diplomatic game in three fronts - with Russian Empress Anna Yanovna, Jungar huntaygy Galden-Tsaren and Iranian Shah Nadir. At the same time he supported friendly relations with Hiva khan. The embassy of Abulkhayr, led by Seytkul Koydagulov and Kutlument Koshtaev, which had addressed the message to Empress Anna Yanovna with the request for inclusion of Younger juz to the structure of the Russian Empire, had arrived in Ufa on September 8,1730. Khan expected that the inclusion of Younger juz into the structure of Russia could remove contradictions between the Kazakhs and Bashkirs, Kalmyks and also to get powerful aid of Russia in the struggle against Jungars. On February 19,1731 Empress AnnaYonovna had signed the Charter to Abilkhair khan and " to all Kazakh people " about voluntary acceptance of them into the Russian citizenship. Thus there should be an observance of the certain items ( payment of "Yuasa"...). In 1740 Abilkhair addressed through the embassy of Gladishev V.D. to the Russian government for intermediary actions in the relations Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
In multivectoral diplomacy, which was carried out by khan Abilkhair, there were three directions, such as Russian, Jungarian and Iranian, where the certain successes were achieved. 3, Multiplanned external policy activity ofAblay khan Second half of the 18th century was the period of the new revival of Kazakh state that is connected with the name ofAblay khan. In 1755 the army of Sin China entered Jungar and joined its territory. Now Sin China had appeared close to Kazakh Khans. Ablay khan understood that in conditions of the dissociation and constant internecine war Kazakh Khans could be not capable to resist external danger. Therefore only in seven years in 1778 he sent his son Tugum to Ekaterin 11 with the request to ratify his khanship. At all his fluctuations, maneuvering Ablay constantly emphasized: "... From rather old time... to her imperial highest court I am in due of my former obedience". Ablay, aspiring to strengthen his authority and to stabilize the situation near to borders, carried out dual external policy. First of all he had adjusted Kazakh - Jungar communications, having established normal diplomatic relations and having renewed peace trade. In 1756 the groups of Sin army appeared on the territory of Senior and Middle juzes. Ablay collected forces for repulse but after several battles the Chinese advantage became obvious. According to the Chinese sources Ablay met the general Jao Huz on the east coast of lake Balhash and officially declared his obedience to Sin. After this meeting Ablay receipts the embassy of the general, then he directed his people to the countryside residence of the Emperor Tsyan Lun with the official
Ablay khan managed to maneuver between the two largest states and to carry out rather independent policy. Diplomatic methods of maintenance of the sovereignty of the state were combined for this purpose with success. The flexible policy of Ablay concerning China allowed carrying out multiplanned activity. The analysis of diplomatic contacts shows that at tensioning relations with China or necessity of the help Ablay directed close and distant relatives or well-known people by origin to Sin. They were emanates, who carried out the role of ambassadors. The diplomatic relations of Ablay khan with Peking allowed reserving the territories of Kazakh Khans. On the other hand skilful diplomatic balance of perspicacious khan between Russia and China the status of Kazakh Khans prolonged for one century. Thus for the period of existence of Kazakh Khans from the second half of the 15th century till 80 years of the 19th century the active diplomatic actions, directed on preservation of the sovereignty and territorial integrity of the state, were undertaken ACTIVITY OF FOREIGN POLICY BODY WITHIN THE SOVIET AUTHORITY After the October revolution of 1917 according to the Decree of VTS1K and SNK RSFSR Kazakh ASSR was formed in the structure of RSFSR. Kazakh ASSR carried out trade and consular communications with Afghanistan, Iran, Turkey, China and other countries. This period was a strip of the diplomatic recognition of the USSR by the foreign states. The Soviet-Chinese consular relations were carried out on the territory of Kazakhstan. Kazakhstan was a link between RSFSR with both China and Mongolia. During thisperiod some representatives of the Kazakh people were on the service of the Soviet state. Turar Riskulov, acting in the diplomatic service of the Soviet state, in 1922 was nominated as the Assistant of Narkom on nationalities of RSFSR and later in 1924 was delegated to Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
Union-republican National Commissariat of foreign affaires of Kazakh SSR was formed in 1944. The creation of the ministry of foreign affaires in all union republics, including Kazakhstan, was connected with the formation of Organisation of United Nations, For the first time ministers of foreign affairs of the USSR, the USA and Great Britain met in 1943 in Moscow, then the conferences in Dumbarton-Oks (suburb of Washington) in 1944, in the Crimea in 1945 and San Francisco in 1945 followed. At these conferences the USSR acted with the offer to include all Union republics into the number of the countries of the founders of the UN. But this initiative did not receive the approval of other countries - victors. In a result the USA and Great Britain agreed to accept as the founders only Ukrainian and Byelorussia republics, which had suffered from the war most. The Supreme Soviet of Kazakh SSR accepts " the Law on formation Union-republican national commissariat of foreign affaires of Kazakh SSR " on April 19,1944 according to the accepted Law of the Supreme Soviet of the USSR " on granting powers in the field of external relations to union republics and in this connection transformation of Narkomat of foreign affaires from all-union into Union-republican ". For the sake of this law the National commissariat of foreign affaires of Kazakh SSR (NCFAJNKID) was formed and it brought changes and additions in the Constitution of Kazakh SSR determining external policy rights and the duty of the Republic.
Date: 2015-12-17; view: 640 |
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BODIES OF EXTERNAL RELATIONS OF FOREIGN STATES .......................... ,.......... 49
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5. International-legal acts of international conferences.................................. ,,.. 99
ANNUAL REPORT OF EMBASSY, POLITICAL LETTER.
DIPLOMACY AND DIPLOMATIC SERVICE
For the first time the word diplomatic was used by Leibnits in 1693 in works "Mode of diplomatic international law" and "General diplomatic ode of international law". A word diplomatic was applied to the set of state papers concerning international relations. From here there is the application of the same term to the officials, whose activity is connected to the problems of international agreements (ambassadors, envoys and other members of diplomatic missions).
The given formulations of word diplomacy have appeared rather recently, though "the diplomats existed rather before until how these words began to be used for a designation of their activity1'.
of policy and diplomacy, combining their functions. Diplomacy carries out propaganda functions.
Diplomacy and the diplomatic service are closely connected. The diplomatic service represents activity of the diplomatic staff in the Central office and abroad in performance of foreign policy tasks of the state.
The basic tasks of the diplomatic service of Kazakhstan are legislatively determined. The diplomatic service is called to realise the strategy of the international policy of Kazakhstan by diplomatic means.
Speaking about the diplomacy of slaveholders it would be desirable to pay attention to that - the diplomatic immunity was the first established principle. This principle is presented in the monument of ancient east diplomacy and international law - Indian laws of Manu (first thousand years BC), representing ode of various ancient Indian decisions concerning policy, international law, trade and military affairs.
2. Diplomacy of feudal states
vigorous activity, using traditions of ancient Rome of the period of Empire. In Byzantium special department of foreign affairs for the first time was created and also the forms of diplomatic dialogue, ceremony are developed. Byzantium distributed its influence to other countries through diplomatic channels. This influence had an effect on Russ.
The creation of special bodies of foreign affairs for the direction and control of the activity of diplomatic representations was necessary. In the 16th century in France the basis of uniform of central body of foreign policy were incorporated. All foreign affairs were transferred to the French Secretary of state in 1589 and his successor had received a title of the state minister.
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agreements between states on an exchange by consular establishments, the consular law gradually began to be formed.
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Commissariat of foreign affairs (later in 1946 it is transformed into the Ministry of foreign affairs) was under the control of Politburo, Secretariat and also the staff of Central Committee.
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friendship and union, pacts about no aggression and neutrality; treaties on mutual help, economic co-operation, participation in the international organisations, conferences on disarmament, on creation of the system of collective security.
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relations with neighboring countries. The Kazakh khans were more involved into the orbit of political events in the neighbor states of Central Asia. With strengthening of power of Kazakh Khans the neighboring countries searched for the union. So, Mogulstan khan Sultan Said searched for the union of Kazakh khan Kasim. The allied treaties formed relations with Mangit murzaz and Kirghiz governors. From the record of the Austrian diplomat Sigizmund Gerbershtain, who visited some times Moscow, the Kazakh became known in Western Europe as independent people during the government of khan Kasim.
Uzbek khan Abdullah in his struggle with Baba - sultan. This military - political union promoted joining of Hogent land, Afrikent vilayet in Samarkand area to Kazakh Khans. The diplomatic relations of the Kazakh khans with neighboring states depend on internal situations. As soon as there were uprising against the Governor-General of khan Abdullah in Tashkent, Kazakh here came to the aid of revolt people. Khan Tawekele tore "Swearing treaty" with Uzbek khan in 1583. Using internecine war between Abdullah khan and his son, Tawekele had broken an army of Abdalallah near Tashkent. Skillfully using conflicts in Mavernahr, Tawekele occupied it in 1598. According to the treaty of 1598 Turkistan with its cities and Tashkent had entered into the structure of Kazakh Khans. For expansion and strengthening of the territory of Kazakh Khans of this period it was skilfully used not only military power, but also successfully manipulated both international conditions and appearance of an unstable conditions inside the countries.
strong allies capable to assist in the struggle with aggressors. Such allies were Russia and China.
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untijungar union of these states carried temporary character and soon had broken up.
with Persian khan- shakh Nadir, who occupied Hiva and had created threat to the grounds of the Kazakhs. To the answer of it the embassy led by Mansurov was directed to Hiva, to Nadir. Shakh was warned about undesirable consequences, which could be able to develop main case of the movement of Persian army to the North. Such intervention of the Russian administration had played a positive role in elimination of direct danger for the Kazakh steppe from the part of Persia and strengthening of Abilkhair rule not only in Younger juz, but also among Karakalpaks.
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application on acceptance of citizenship. Ablay had directed to the Chinese Emperor 19 envoys for the period since September 1757 till January 1777.
Mongolia as the representative of Komintern. Other representative of the Kazakh people was a well-known scientist of eastern countries Nazir Torekulov. In 1928 he was nominated as the Consul General in the Kingdom of Giddies and Ned (subsequently the Kingdom of Saudi Arabia). At the beginning of 1930 the Consulate General was transformed to the diplomatic mission. According to the decision of the Central Executive Committee of the USSR Nazir Torekulov was nominated as the Plenipotentiary representative of the USSR in the rank of the Extraordinary Envoy and Plenipotentiary Minister at the king Abdul Aziz Ibn Saud. After termination of diplomatic mission he worked at the Institute of Eastern languages. On July 15, 1937 he was arrested and on November 3,1937 was sentenced to execution and this very day he was shot.
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