CATEGORIES:
BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism
MISSIONS AND DELEGATIONS 1 page1. Diplomatic ways of settlement of the international conflicts Example of diplomatic settlement of international conflicts is the problem of the legal status of the Caspian sea, which we have begun to examine previously. In 1996 at the meeting of ministers of foreign affairs of the coastal states Russia had acted with the project of agreements. Russia was ready to recognise jurisdiction of the Caspian states concerning investigation and development of mineral resources within the limits of 45 miles from its coast, the medial part of the sea was supposed to be announced the area of joint usage. Kazakhstan and Azerbaijan had refused to sign the offered document. In this situation there is a change of the position of Russia in the Caspian problem. At the negotiation of experts in Astrakhan and then at working meeting of the two Presidents of Russia and Kazakhstan in April, 1998 Russia agreed to the section of the Caspian sea bottom under the condition of the preservation of its water surface in common conducting by the states. At the meeting Eltsin B.N. and N.A. Nazarbaev had declared the intention to finish the preparation works of the bilateral
Three-years (three-summer) negotiation, which was carried out by the Caspian states, has shown the urgency of the Caspian problematic. The negotiations on the legal status of the Caspian Sea become daily work of a diplomatic service. As it is visible from the above given example, negotiation as a method of the decision of a various sort of questions arising in the interstate relations, occupies the first place among means of settlement of international disputes. The direct negotiation is considered as a universal remedy of the settlement of international disputes and conflicts. By consideration of diplomatic ways of the settlement of international conflicts it would be desirable to stop on " kind services " and intermediary actions. " The Kind services " represent diplomatic efforts undertaken by the third state, not participating in a dispute, which is having an object to promote creation of conditions for negotiations with the purpose of the peace decision of the dispute. In the history of diplomatic practice the cases are known," the kind services " proceeded not from states and from international organisations. The example to that diplomatic settlement of the Caribbean crisis in 1962 can be served. The diplomatic actions of the USSR, the principle position of Cuba, the realism of the US President Kennedy, " kind services " and intermediary actions of the acting the UN Secretary-General U-Than had allowed settling the crisis by negotiation. Later examples can be the participation of Russia and little later Kazakhstan in intermediary actions on the settlement of the dispute between Armenia and Azerbaijan in so-called " Carabakh crisis ". The settlement of the international conflicts according to the UN Charter should be settled by peaceful means not subject to the threat of international peace, security and validity. The observance of this principle was undertaken by the states - participants of Meeting on security and co-operation in Europe. In the UN Charter the means for achievement of this purpose are determined (negotiation, intermediary,
In its turn, the UN General Assembly, according to its powers under the peace sanction of international conflicts, also can examine the conflicts, which are not considered by the Security council. The principle of the peace sanction of international disputes quite often is fixed in bilateral agreements regulating the relations between states as the obligatory international law rule of nowadays. Independent means of the settlement of international conflicts and disputes are consultations. Consultations are the beforehand caused negotiation for discussion of those or other questions within the framework of bilateral relations. The consultations allow in time to remove disagreements, arising between the parties, to develop the co-coordinated position in the approaches of international problems. Consultations are not only effective means in the settlement of international disputes, but also warning of the appearance of those. According to the UN Charter the inspection and reconciliation concern to means of dispute settlement. Investigation and conciliatory commissions are created for performance of these tasks. The revealing of dispute reasons and the reconciliation of parties by the development of appropriate conditions enters into the function of conciliatory commissions. The conclusions of investigation commissions and conciliatory commissions carry facultative character. As the Russian diplomat Selyaninov O.P. marks, some international agreements provide their compulsion for the participants. For an example, the Convention on the mode of navigation on Danube in 1948 was resulted, which participants in that time were Bulgaria, Hungary, Romania, the USSR, Ukraine SSR, Czechoslovakia, Yugoslavia and Austria. According to the convention the decision of the conciliatory commission for the arguing parties admitted "final and obligatory'*. Though the reference to investigation and conciliatory commissions meets in diplomatic practice not so frequently, nevertheless they serve an effective means in the decision of international disputes.
I would like to remind that the special missions are changeable, the heads of a state or a government, minister, deputy of a parliament, an ambassador on the special assignments may lead them. The delegations and observers directed into the international negotiations, conferences and meetings, including representation in any ceremonies concern to special missions ( there are examples a lot). As an example it is possible to demonstrate the special mission headed by the ambassador on the special assignments Isanaliev M.I. in Saudi Arabia in 1993. The basic task of the mission was an establishment of the first diplomatic contacts. The head of the mission was a special representative of the President of Kazakhstan. During the meeting with the Minister of foreign affairs, prince Saud el-Feisal the head of the mission had transferred the personal message of the President N.A, Nazarbaev to the King of Saudi Arabia. The Minister noted that the Kingdom gave the large meaning to its mutual relations with Kazakhstan, playing a key role in Central Asia and CIS. The Minister also confirmed the intention to visit Kazakhstan after the end of Ramada with the purpose of the discussion of prospects of bilateral co-operation and possible realisation of top-level contacts. The direction of special missions is carried out with the consent of the accepting state. 3. The function of international arbitration and international court International arbitration and international court carry out the special role in diplomatic practice. The international arbitration takes its beginning in a deep antiquity. In Ancient Greece states quite often addressed to the arbitration court. The role of the arbitration court was carried out by the authoritative representatives of the third state, not interested in disputes. The development of an arbitration practice has resulted in the formation of an arbitration body. On the basis of the Hague convention on the peace decision of international collisions the Constant chamber of the arbitration court was created. The chamber consists of the experts of
The international court functions as one of the main bodies of the UN. The participants of the Status of the International court are all the UN members. The international court consists of 15 independent judges elected without dependence from their citizenship, with "high moral qualities". All members of the Court are selected by the General Assembly and the Security Council among the persons who have been brought in to the list on the offer of national groups of the Constant chamber of the arbitration court. Under the status of the Court its structure should ensure the representation of "the main forms of a civilization and basic legal systems of the world". The court can carry out the functions in other places too. Official languages are French and English. The main task of the International court is settlement of international disputes. The competence of the court is distributed only to those cases, where the parties are the states. On inquiries of the General Assembly and the Security Council the court can give the advisory conclusions on any legal question. The court accepts businesses to consideration only with the consent of the parties. According to the UN Charter each the UN member "has to carry out the decisions of the international court on that business, in which it became the party". The decision of Court is final. Making the results of negotiating process it can be concluded that the negotiation becomes the basic form of the interaction of states. It actively influences the further reduction of the role of military factor. The number of negotiation grows also by their objects there are all new areas of the international interaction. The feature of negotiation processes is that the experts, who are not having diplomatic experience, but having the competence, are involved in the sphere of negotiations at the analysis of difficult economic, scientific and technical spheres of interaction between states.
4. Preparation and realisation of visits on the highest,, high and working levels The development of diplomacy at the highest and high levels promotes the fast and basic decision of difficult problems and the achievement of important arrangements. In the previous course "the Diplomatic protocol and diplomatic correspondence" we have considered the rules of State protocol practice of the Republic of Kazakhstan on maintenance of visits on the highest, high and working levels. After a finding of the sovereignty Russia and Kazakhstan, as the equal in rights subjects of international law, should determine the new legal relations. The searches of the model of interstate economic and political co-operation have resulted in the conclusion in May 1992 the Treaty of friendship, co-operation and mutual assistance during the working visit of the President NLA. Nazarbaev to Russia. The Treaty consisting of 40 articles, has put the bases of the interstate legal relations, has defined the principles of co-operation in political, economic-trade, scientific and technical, cultural, military and other spheres. The first official visit of the President of the Republic of Kazakhstan N.A. Nazarbaev to the Russian Federation was held in March 1994. The beginning of strengthening and deepening of the integration of two countries in economic, trade, scientific and technical and humanitarian areas was this visit. The Memorandum of the basic principles of the decision of questions connected with citizenship and the legal status of the citizens of Kazakhstan and Russia, constantly living on the territory of each other and the Agreement on the basic principles and conditions of the use of "Baikonur" cosmodrome occupy the special places among 22 scale agreements accepted during bilateral negotiations. As a rule, top-level visits are preceded by working meetings, working visits. For example, state (top-level) visit, of the
The mutual visits top-level (state level), working visits of two presidents of Russia both Kazakhstan and negotiations spent during these visits, have allowed cooperating fruitfully from early stages of definition of the legal interstate relations. If to overlook the program of negotiations of all these visits, it is visible, that both parties searched for effective models of integration in all spheres up to an establishment of strategic partnership. The visits of the heads of governments of the Russian Federation and the Republic of Kazakhstan at working and high levels since 1992 promoted the acceptance of various agreements, protocols, and communiquH during bilateral negotiations. The bilateral negotiations at the highest interstate level usual promote the strengthening of relations of strategic partnership and the deepening of integration between the countries in all areas. The bilateral negotiations at an intergovernmental level operatively solve practical tasks in various areas. In the conclusion of this theme it is necessary to stop on the first official visit of the governmental delegation of the Republic of Kazakhstan to the People's Republic of China in February 1992. (I was also the member of this delegation). The negotiation of the Prime-Minister of Kazakhstan and Prime Minister of the People's Republic of China was held. At the result of the negotiations 9 documents called to concretise the development of communications between the countries on various directions, including the Agreement on the creation of an intergovernmental commission on scientific and technical co-operation were signed. In the joint statement of Kazakhstan and China the intention was confirmed to build a good-neighborhood on the basis of mutual respect of the sovereignty and territorial integrity, non-attacking, noninterference into the internal affairs of each other, equality and mutual benefit. The realisation of consultations between the Ministries of foreign affairs on the bilateral relations representing mutual interest and also the development of connections and contacts at all levels, including meetings of the heads of the states were provided.
As a result of negotiations during the first official visit of the RK governmental delegation to the People's Republic of China and signed agreements, the stereotypes of the interstate relations were determined, the positions on various questions had cleared up. This visit became a starting point of the subsequent top-JeveJ contacts. TECHNIQUES OF COLLECTING, ANALYSING AND ESTIMATION OF INFORMATION /. Technique of the collecting of information Foreign policy information, directory documents and other documents acting from the representations abroad should be indispensable authentic, truthful, objective. All diplomatic employees of an Embassy accept active participation in the collecting of information and other materials from various sources. The most important information sources are those, which proceed from the government of a host country and its other official bodies. The statements of officials, law acts, signed documents with the third countries, and also various sort of communique' and other acts for that or other negotiations with them concern to such materials. Sources of the information can be diplomatic contacts, press and mass media, literatures, direct supervision of the people. Diplomaticcontacts. The establishment of diplomatic contacts is one of forms of the activity of diplomats. Without diplomatic contacts there is no diplomacy. If to remind Vienna convention, known for you, of April 18, 1961, it refers to as the convention " about the diplomatic relations " i.e. contacts. In the rule "About the Embassy of the Republic of Kazakhstan" it is specified that in the function of embassies "negotiating and maintenance of official contacts with the state bodies of a host country " enter. According to other rule " About the basic duties and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan" "the Ambassador of the Republic of Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
For the acquaintances turned to diplomatic contacts and give practical results there are necessary three factors. First - it should have confidential character. The history knows brilliant examples of such trust of the diplomats and politicians even in the past at enmity with each other. By essential communications of an Embassy, with which is preferred there are contacts to higher official circles of the country - monarchs, presidents, and ministers of foreign affairs, higher representatives of legislative and executive authorities. In their hands there is a real authority in the state and the decision of questions on co-operation with the foreign state depends on them. The second major requirement to diplomatic contacts - they should benefit. If your interlocutor has no deep knowledge, the information scoops only from press and there is no opinion, does represent interest neither for you, nor for your state. The diplomatic contacts should be regular, one or two times per month, it is possible and more often if necessary. These meetings cannot be long. It can be the telephone conversations, meeting at receptions, exchange of the letters. If you require the information and know, that your partner can be useful, he will find time and will respond to your request. For an establishment of contacts the diplomat should follow all events occurring in his country, he should well know about a host country, know the language of a host country. By the most important kind, in which the significant part of the diplomats of an Embassy participates, there are meetings in the ministry of foreign affairs. The ministries of the various countries differ on structure, therefore diplomats should know these features. The contacts with parliamentariansare a major site of the work of an Embassy. It is necessary to an Embassy to know from the first source what new laws they prepare also what influence can have on economy of the given country on the bilateral relations. The parliaments of anumber of the countries have an opportunity of the control on external policy by questioning and debating, inquiring of some documents in its committees. Behind these actions thoseor other circles in the state stand. The parliamentary groups engaged in the bilateral relations, can promote development of these relations or on the contrary
The contacts with the businessmenare also of the integral activity ofdiplomats now. Today a diplomat iscompletely involved in questions of an economy and a trade. If the staff of an Embassy allows, the economic group is formed. It is engaged in collecting and analysing of economic information. The contacts with the businessmen of a host country are necessary for this purpose. The contacts with the businessmen, having the information, enable to understand better the plan of a government. The contacts with business circles, in its turn, enable to establish communications with the members of a government. The businessmen are more independent and frank in an estimation of the activity of a government. Even supporting the government they can criticize for the separate aspects of a policy. If the government goes on the deterioration of its relations with any country, the business circles do not hasten to follow this line. They carefully weigh all plus and minuses of new direction of the government for a national economy and own companies. Diplomacy of many countries gives to contacts with scientific and technical intellectuals, figures ofart and culture the large meaning. The contacts with scientific and technical intellectuals are close on the character to contacts with the big businessmen. They help to understand economic problems of the country and way of their sanction. The information of the scientists carries analytical character. Diplomats pay the special attention to contacts with the professors of leading universities and institutes of a country. Task of an Embassy is the establishment of contacts with the most different circles of the population and public organisations ofa country. The contacts with trade unions and trade-union leaders help to understand better conditions in the country, while they are closer to the people. The trade-union leaders are skilled, knowing politics, influential people. Source of the information can be mass media.In the majority of foreign countries of the world there are no official bodies of a periodic Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
In reliability of the information it is possible to be sure, if it is based on statements and items of information submitted by official bodies, published in the governmental newsletters, the sheets etc. Large help can be rendered by checking of the information during the conversation with official persons. The right of finding - out of conditions and events in the state with the help of all lawful means is directly stipulated in Vienna convention, 1961. It is not less important for the diplomat to have an opportunity to check up the information at the solid correspondent writing on this item or at the object of information, about which there is a speech going on in the article. The skilled journalists have wide contacts in all spheres of a community - governmental, oppositions, intellectuals and middle classes, businessmen and simple citizens. They have the large information. Among the journalists there are very skilled analysts. The most important contacts are the contacts of the diplomats with the editors of the largest newspapers and magazines and their owners. On the other hand, in mass media there can be obviously false materials. The diplomats should know such journalists. Last years to the information received as a result of personal contacts, the information received from the Internet has increased. From the Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
2. Accumulation, analysis and estimation of information All diplomatic employees of an Embassy participate in drawing up of information documents for the center or with the purposes of use in their own operative work. For the preparation of documents and for the operative activity an Embassy accumulates the information and other materials acting from various sources. Besides the listed at the beginning, the archival materials issued in a host country, memoirs of the political figures, scientific reports and other proceedings are considered as the important information materials. All saved information material by the employees of an Embassy, according to the duties, distributed between them, collects in the special collections (file) or in memory of a computer. The work above accumulation of these materials requires the large attention and it is conducted by each diplomatic employee daily. The analysis and generalisation of collected material is made depending on a requirement and in connection with the preparation of this or that document. Among the various documents there is a stable document under the name "Information on the schema". It is the complete enough collection containing the major data on a host country. In "Information on the schema" are resulted not only statistical data on the country, but also the developed materials on separate issues are given which is necessary to be engaged by an Embassy in. "Information on the schema" is used at drawing up of this or that information. The data, containing in it, is constantly updated. Date: 2015-12-17; view: 513
|
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
Treaty on the section of the Caspian sea bottom and use of its resources. At the bilateral negotiations the agreement about the bottom delimitation of the northern part of the Caspian sea by the principle of a medial line was achieved.
Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
the reconciliation etc). Choice of means of the peace decision of various disputes depends on the arrangement of conflicting parties. The arguing parties should use all peace means, taking place at their order, to show due desire, persistence and patience for its settlement.
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
2. Features of practical activity of special missions and delegations
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
international law nominated to 6-year term as the state-participants of the conventions. The office of Chamber is in the Hague. It is headed by the Constant administrative council, which includes the heads of the diplomatic representations of the state-participants of the Hague convention. The duties of the chairman are executed by the Minister of foreign affairs of the Netherlands.
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
Now there is a necessity of the management of negotiation processes. The most important problems of negotiations are conducted by the leaders of states. The spheres of the competence of different operating levels are defined. The system of delegating of the responsibility is developed and the coordinating role of diplomatic services rises.
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
President Eltsin B.N. to Kazakhstan in 1998 was preceded by a number of working meetings of the Presidents of the two countries, and also informal meetings.
Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.
The arrangement on interaction of the appropriate bodies in the struggle with the international terrorism, organized criminality, trading drugs, smuggling, in the decision of ecological problems, sphere of culture, science and engineering was achieved.
Kazakhstan carries out official contacts with political parties, religious and other public organisations...".
Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.
break them. Embassy should have the information about all these processes going on. It is useful to the diplomats to attend some sessions of a parliament. It enables them to meet interesting parliamentarians in foe and to establish with them necessary contacts.
press. Some printed bodies name officials. These bodies officially are not connected to a government, but usually reflect its point of view. Such newspapers can be truthful sources. Always it is necessary to remember that in materials there can be casual distortions, for which it does not answer. At collecting of an information from printed bodies it is possible to use materials and from the usual newspapers. Frequently at drawing up of the thematic review of a press the wide disorder of opinions in an estimation of those or other events, diplomatic actions, political course of a host country is observed. The special interest represents the review of a press during preparation and realisation of elections to a parliament or a president. In such cases the disorder of opinions can be large. The skilled diplomat, good studying the press of a host country, can sometimes correctly predict results of elections. The knowledge of arrangement of political forces in a host country, antagonism of various parties on political arena, enables to make preliminary conclusions on the materials of a press.
Internet it is possible to receive various informations on a diplomatic service and its reform in a number of countries, characteristics of political and diplomatic figures.