U4P1: The Diplomatic Functions

Question 1

What is the hierarchical order of the diplomatic functions as laid forth in Article 3 of Vienna 1961?

Answer 1

1. Representation
2. Negotiation
3. Ascertain developments in the receiving state and inform the sending state
4. Protection
5. Promotion

Question 2

What is the definition of the representation of a State within the scope of the VCDR?

Answer 2

When a permanent mission Act and Speak on the behalf of the sending state before the receiving state

Question 3

Diplomatic function: Representing

Answer 3

The sending state before the receiving state

Question 4

Diplomatic function: Negotiating

Answer 4

With the Government of the receiving state

Question 5

Diplomatic function: Ascertaining and informing

Answer 5

Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending state.

Question 6

Diplomatic function: Protecting

Answer 6

the interest of the sending state and its nationals in the receiving state, within the limits permitted by international law

Question 7

Diplomatic function: Promoting

Answer 7

friendly relations between the sending state and the receiving state, and developing their economic, cultural, and scientific relations

Question 8

What are the two ways in which a state can represent itself?

Answer 8

Central and external diplomatic organs

Question 9

Central Diplomatic Organs

Answer 9

Those that, in general, represent the state as a subject of International law. Can be a head of state, foreign minister, or royalties. They will not need credentials as representing the state is considered a normal part of their role.

Question 10

External Diplomatic organs

Answer 10

Talking about permanent and special missions. Ambassadors, heads of mission, personnel of an embassy. These must all present their credentials before the receiving state, and must be approved by the receiving state.

Question 11

Negotiation is both:

Answer 11

a feature of diplomacy in general, and a diplomatic function in particular

Question 12

what i the intention of the negotiation function of a diplomatic mission?

Answer 12

discuss matters to find a mutual consent in order to resolve disputes

Question 13

Is there any unofficial negotiations from a legal perspective?

Answer 13

No, but they do take place such as in the Oslo Accords

Question 14

Through which channels can the diplomatic negotiation take place?

Answer 14

Through official channels such as the state organs in charge of foreign affairs and through diplomatic channels

Question 15

What are the two stages of the function of Ascertaining and informing developments?

Answer 15

1. To discover a fact through lawful means

2. Passing the information to the government of the sending state

Question 16

What are the limits that a sending state must respect when obtaining information about the receiving state?

Answer 16

must respect the laws and regulations of the receiving state, and cannot meddle in its internal matters.

Question 17

What does the diplomatic protection imply?

Answer 17

the violation of a norm of international law from another State

Question 18

What are ways that the sending state can enact diplomatic protection?

Answer 18

negotiations, diplomatic note, litigation, submitting an international complaint

Question 19

What does article 3 say about the consular function?

Answer 19

It states that a Diplomatic Mission can perform a consular function without any specific authorization from the receiving state