Diplomacy?

1. Diplomacy? • Diplomacy is the art of conducting international relations, The American Heritage Dictionary (Houghton Mifflin, 1997, • The profession, activity, or skill of managing international relations • The art of dealing with people in a sensitive and tactful way • Diplomacy is the art of letting the other party have things your way • The profession or skill of preserving or creating friendly relationship between countries • The ability to deal with people in a sensitive way that does not upset or offend them

2. Diplomacy origin • late 18th century: from French diplomatie, from diplomatique 'diplomatic'

3. Diplomat? • Early 19th century: from French diplomate, back-formation from diplomatique 'diplomatic', from Latin diploma

4. Diplomat…. • A person appointed by a national government to conduct official negotiations and maintain political, economic, and social relations with another country or countries •  A person who is tactful and skillful in managing delicate situations, handling people, etc •  An official representing a country abroad • A person who can deal with others in a sensitive and tactful way •  A person who is skilled at dealing with difficult situations in a way which does not offend people

5. Diplomacy • The word is often used, incorrectly, as a synonym for foreign policy. Whereas the latter can be described as the substance, aims and attitudes of a state's relations with others, diplomacy is one of the instruments employed to put these into effect.

6. Diplomacy (Historical Background) • Diplomacy is concerned with dialogue and negotiations and in this sense is not merely an instrument of state, it is also an institution of the state - system itself. • The emissary, or ambassador, is one of the earliest political roles established in human society, but it was not until the fifteenth century in the Italian city-states that the concept of a permanent representative mission (or legation) was formalized. • Since the emergence of the state - system in Europe in the fifteenth century an organized and fairly coherent system or permanent relations has developed among the actors and, even when these relations have been interrupted by armed conflict, diplomacy has still been the principal means of communication. • Diplomacy as an instrument and as an institution is an essential part of the whole rationale of international relations, Evans, Graham; Newhman, Jeffrey - "The Penguin Dictionary of International Relations" (Penguin Group, 1998)

7. Diplomacy (Historical background) • The rules which established a common and coherent diplomatic system were developed in piecemeal fashion from the fifteenth to the twentieth centuries. • In the twentieth century the Vienna conventions of 1961, 1963 and 1969 have codified international law relating to Diplomatic Relations, Consular Relations and the Law of Treaties, thus tightening up and giving new impetus to past and future practice. • Diplomacy has moved from being dominated in the nineteenth and the first part of the twentieth century by the management of war and peace to include in the post-World War II period economic and trade policy issues as being of equal importance. Diplomacy has also already been significantly changed by an increase in the number of states, many of whom come to the table with different cultures.

8. Main function of diplomacy • The main function of diplomacy is negotiation - which broadly means discussions designed to identify common interests and areas of conflict between the parties. • To establish the conditions under which negotiations can take place a number of other tasks are undertaken. The first is representation.

9. Purpose and Function of Diplomacy • During the Renaissance period, (1450-1600) a systematic and largely professional diplomatic service was established with the purpose of obtaining information, interpreting policies and trends, safeguarding military and political interests and promoting commerce and trade links, Sinning, Vince - "Diplomacy In The 21st Century. • Another function of diplomacy is representation of a state's interests is to formulate and identify the goals and objectives, ( in the larger sense, is the overall management of orderly relations as well as being the means whereby change is effected). • Finally, diplomacy is concerned with establishing and renewing the rules and procedures which regulate the international system. In this last sense, diplomacy is the enabling vehicle for the operation of international law and international organizations.

10. Purpose….. • Mostly the following developments which occurred as a result of the increasing complexity of inter-state relations; the intrusion of ideological conflict and the opening up of diplomatic dialogue; the change of emphasis from bilateral to multilateral dealings; the increased use of experts and specialists; the increased number of treaties; the growth in importance of the media and the expansion of the international community and of non-state actors.

11. Diplomatic Immunity (The Vienna Convention 1961) • The premises of a diplomatic mission, the private residence of the diplomats permit and protect free communication between the diplomats of the mission and their home country, a diplomatic bag must never be opened even on suspicion of abuse, and diplomatic courier must never be arrested or detained. •  Article 29. Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, they are exempt from most taxes, and under Article 36 they are exempt from most customs duties. • The family members of a diplomat that are living in the host country enjoy most of the same protections as the diplomats themselves. • Article 9. The host nation may at any time and for any reason declare a particular member of the diplomatic staff to be PERSONA NON GRATA. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity. • Note: It has been ratified by 186 countries.

12. PURPOSE: International issues, the challenge and relationships of nations, states and welfare • International Law • International Court of justice • United Nations

13. Major focused issues of Area • Environment/biodiversity • Development/economy • Social Security/Social Justice • IT/communication/science and technology • Natural resources/social and political issues • Military power • Humanitarian Intervention (Security Council) • Terrorism

14. Environment/biodiversity • Global Warming: Carbon dioxide and other air pollution that is collecting in the atmosphere like a thickening blanket, trapping the sun's heat and causing the planet to warm up. • Energy • Air • Oceans • Wild lands • Wildlife

15. Development/economy • Basic economic principles • Essentials of international economics • key economic forces and players in the international arena • The inherent challenges of the global economy

16. Social Security/Social Justice • Children’s Rights • Civil Liberties • Disability Rights • Indigenous Peoples Rights • LGBT Rights (Lesbians, gays, bisexual and transgender people) • Refugee Rights • Rights of Minorities • Women’s Rights • Note:Human well-being is a core challenge, for individuals, governments and international organizations worldwide

17. IT/communication/science and technology • Data Privacy • Internet & E-commerce (positive and negative aspects) • Technology Competition & Regulation

18. Natural resources/social and political issues Traditional Transnational Focus • Focus: state first and other states secondary • Nature of targets: hierarchical • Context: intelligence and policy sharing was limited • Information: too little information, pride of place to secrets, secrets regarded as reliable • Pace and trajectory of events: primary target slow moving, immediately defending • Interaction effects: limited • Need for collaboration: limited, analysis “Tunnel vision” • Policy support: Mostly politico-military officials level • Focus: States as facilitators, willingly respect • Nature of targets: Networking • Context: Much more cooperation • Information: Secrets matter, but sharing information as much as it can be • Peace and trajectory of events: Targets may move quickly • Interaction effect : “Your” actions and observations have more effect on target’s behavior • Need for collaboration: Greater with both regional and functional intelligence specialists, plus different levels of government • Policy: Wider range of activities, intelligence often linked to action on a continuing basis

19. Military power • Administration, Budget, Management and Reform • Political and Security trans-national issue (Nuclear Weapons, Biological Weapons, (WMD, balloons etc) Note: political and security matters of many countries are under discussion at the United Nations.

20. Diplomatic recognition ? • Taiwan • Palestinian Authority • Abkhazia, (Dispute with Georgia but recognized by Russia) • Transnistria, (Dispute with Moldovan government) • Somaliland, (located in the Horn of Africa and dispute with Somalia) • Nagorno Karabakh, (dispute the governments of Armenia and Azerbaijan) • Turkish Cyprus

21. New Information Technology and Diplomacy • The advancement of technologies has dramatically changed the means by which states conduct diplomacy. • Because of Rapid changes in information technology, diplomacy today refers not only to the advancement of national interests and the practice of persuasion but also to the management of global issues. • The conduct of diplomacy is changing. Although the capacity of diplomats to adapt to the use of Internet Communications Technologies (ICTs) in the conduct of diplomacy plays a crucial role in their missions, the traditional way of "face to face" interaction is still considered important compared to "video conferencing" or "teleconferencing". • Note: The use of ICTs in diplomatic negotiations does not work very well unless the parties know each other and the issues involved are minor.

22. Diplomacy and Several Tracks • Track I Diplomacy • Track II Diplomacy • Track One and Half Diplomacy • Informal diplomacy • Cultural diplomacy (involving new non governmental and non professional actors in the making of diplomacy)

23. Track I Diplomacy • Track-one diplomacy is conducted by official representatives of a state and known official governmental diplomacy. • Track own diplomatic activities are informal consultations, good offices, special envoys, mediation, and negotiation, and fact-finding mission, diplomatic and economic sanction. • Track one diplomats are committed to representing their state's interests, which may not always include a strong interest in quickly resolving a conflict. So track-one diplomacy is not always easily applied for successful conflict resolution. • Track One Diplomacy is usually considered to be the primary peacemaking tool of a state’s foreign policy. It is carried out by diplomats, high-ranking government officials, and heads of states and is aimed at influencing the structures of political power. The Track One level includes actors such as the UN, regional organizations, heads of state, and government representatives. The major task of these actors is to facilitate negotiations at the top level leadership in order to influence change or the resolution of a conflict.

24. Track II Diplomacy • Track Two Diplomacy “unofficial, informal interaction between members of adversary groups or nations that aim to develop strategies, to influence public opinion, organize human and material resources in ways that might help resolve their conflict” Agha, H., Feldman, S., Khalidi, A., & Schiff, Z. (2003). Track II Diplomacy: Lessons from the Middle East. Cambridge: Belfer Center for Science and International Affairs. • Track Two Diplomacy is not a substitute for Track One Diplomacy, but compensates for the constraints imposed on leaders by their people’s psychological expectations. Most important, Track Two Diplomacy is intended to provide a bridge or complement official Track One negotiations. Examples of Track Two organizations are West African Network for Peace building (WANEP), European Centre for Conflict Prevention (ECCP). • Note: Private and public organizations that deal with conflict resolution commonly operate at a Track Two level where they facilitate Top leadership Middle Leadership Grassroots.

25. Track One and Half Diplomacy • There is also called Track One and Half Diplomacy which the third party is not a representative of a political institution. Examples of institutions are such as ICG, Carter Center, and any non-government organization as well as third parties who practice this type of peacemaking, who are working for peace. • Track One and a Half Diplomacy as a link between Track One and Track Two conflict resolution efforts. The main reason for introducing Track One and a Half Diplomacy is not just to enrich conflict resolution vocabulary, but to highlight its theoretical and practical utility in resolving interstate and ethno-political conflicts by bridging the gap between Track One and Track Two Diplomacy. • Another very important characteristic of Track One and a Half diplomacy is that, third parties can be from national and international respect fields, former President Carter and Nelson Mandela as examples. These personalities can play important role around the world to resolve the conflict.

26. Leadership Paradigm for diplomacy The four components of transformational leadership are charisma, inspiration, individual consideration, and intellectual stimulation. Some times people in conflict feel that they have lost control and Conflict Resolution bring solutions and order,

27. Arbitration • Arbitration known as a form of binding dispute resolution, It is equivalent to litigation in the courts. • Under English law, the first recorded judicial decision relating to arbitration was in England in 1610. During twentieth century many countries promoted the use of a arbitration. Also international arbitration as a means for resolving disputes under international commercial contracts. Today arbitration also more in use online as a Online Dispute Resolution (ODR)

28. Arbitration This is an efficient way for to settle disputes that are not resolved during the routine timing. It gives parties another option in the dispute resolution process to help them resolve issues specific to their individual experience. Note: In contrast to mediation, a party cannot unilaterally withdraw from arbitration.

29. Arbitration’s Principles • Consensual • The parties chose the arbitrator • Arbitration is neutral • Arbitration is a confidential procedure • The decision of the arbitral tribunal is final and easy to enforce

30. Arbitral tribunals • Arbitral tribunals are usually divided into two types (ad hoc arbitration tribunals, which appoints arbitrators approved by the parties or institutional arbitration tribunals, which are professional bodies providing arbitration services. • Note: In some jurisdictions, the tribunal may have the same power as a court to such as order. In other jurisdiction it may not have the legal authority to order.

31. Adjudication • This is the legal process, which an arbiter or judge reviews evidence and argumentation (including legal reasoning) to come to a decision. • Disputes are normally between private parties, private parties and public officials and disputes between public officials or public bodies. • It is a fast-track process that aims to produce a binding, but not necessarily final, outcome to disputes on construction contracts.

32. Adjudication • It is intended to be quicker and more cost effective than litigation or arbitration. • It is normally used to ensure payment (although most types of dispute can be adjudicated). • The Adjudicator must generally decide the dispute in less than 42 days. • The decision is binding and is usually upheld by the Courts.

33. Humanitarian Intervention • MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY – THE UNITED NATIONS CHARTER CHAPTER VII - SECURITY COUNCIL RESOLUTIONS • The Maintenance of International Peace and Security is the fundamental role of the United Nations as well as its primary purpose (art. 1.1. of UN Charter). The Charter contains a whole system that aims at this object, which has been complete by the United Nations practice in this respect.

34. Humanitarian…. • THE PREAMBLE AND THE PRINCIPLES OF THE CHARTER OF UNITED NATIONS • The preamble of the United Nations Charter states, among other things, that the armed force will not be used but when the common interest is at stake. • That's to say, that the states will have to be tolerant, live together in peace and join their efforts to safeguard and maintain peace and Security, by accepting principles and by adopting methods to assure that the armed force will not be used unless the use of such force were necessary for the common interest.

35. Humanitarian… • Humanitarian intervention means to entry into a country of the armed forces of another country or international organization with the aim of protecting citizens from persecution or the violation of their human rights, (Somalia, Haiti, Liberia, Rwanda, Bosnia, and Sierra Leone and The North Atlantic Treaty Organization’s ‘humanitarian war’ in Kosovo in 1999).

36. Humanitarian… • “Humanitarian Intervention as the threat or use of force by a state, group of states, or international organization primarily for the purpose of protecting the nationals of the target state from widespread deprivations of internationally recognized human rights” Sean Murphy (1996). • Humanitarian Intervention is to help people who victim by civil war, humanitarian crisis, or crimes including genocide, (collapse of state institutions and breakdown of law and order). • When civilians become the main targets and combatants employ starvation, slaughter, and various civilian and military technologies to expel or kill civilians including demonstration- killings than humanitarian interventions is absolutely needed, (United Nations Secretary-General, Boutros Boutros Ghali).

37. Humanitarian… • Under Article 39 of the Charter to allow for Security Council-mandated military intervention to respond to grave humanitarian crises, even where such crises have been purely domestic in nature, “the Security Council has availed itself of a right of humanitarian intervention”. • (By adopting a series of resolutions which have progressively expanded the definition of a "threat to international peace and security”).

38. Cooperation of willing • Human Cooperation/qualities of individuals • Strong personal commitment to co-operation, connection, respect, honesty, peace, sharing, learning, growing, sustainability • Commitment to contributing to a more sustainable, compassionate, respectful, healthy, just, equitable, & wonderful world for all • Commitment to people care, earth care & sharing Grounded in belief & practice of non-violence • Desire & willingness to contribute & be of service, open, passion, determination, courage of their convictions, aspiring, optimistic, positive resourceful, visionary/ has vision, inspirational clarity • Desire to make a difference, desire to make a contribution, creative, self confidence, excellent listening ability & skills, knowledge & skills for working in groups, able to read track the energy of another person & of group, aware of one's energy & intention when something is going or has gone wrong.

39. Cooperation of willing • Cooperation: common effort, association of persons for common benefit. • Note: Cooperation of the willing, form a local level, to a global scale, which creates an environment for People, and Nations, to work together for the Betterment of all Humanity. There is a possibility to create world peace with the tools, networking, cooperation, and willing. Also Cooperation depends on expectations aligned with power.

40. Overview of the four-frame Model • Structure • Human Resources • Political • Symbolic

41. Topics will focus • Perception in leadership • Leadership style and skills to conflict management • Survey to determine our own cognitive strengths and vulnerabilities • Putting it all together-effective leadership for conflict management for today

42. Structural • Central concept: Rules, roles, goals, policies, technology, environment, task, data, Rationality, procedure • Image of leadership: Social architecture

43. Human Resources • Central concepts: Needs, skills, relationship • Image of leadership: Empowerment

44. Political • Central concepts: Power, conflict, competition, organizational politics, network, bargaining, coalitions, alliances, negotiation • Image of leadership: Advocacy

45. Symbolic • Centrals concepts: Culture, meaning, ritual ceremony, stories, heroes, faith, belief, • Image of leadership: Inspiration

46. Leadership qualities • Charismatic leaders have outstanding traits and skills, they arise during times of conflict, they propose and support extreme solutions to conflict/crises, followers are attracted to charismatic leaders because of the inspiration they receive through their relationship with such leaders, and charismatic leaders' gifts are validated through successful experiences. Several personality characteristics are associated with charismatic leaders, including: • Expressive verbally and physically, Exhibit self-confidence. • Self-directed. • Must have insight into the needs of their followers and have the ability to use these needs to persuade followers. • Must be free of internal conflict and eloquent speakers, Sensitive, enlightened, and knowledgeable, generate pride in the organization. Demonstrate high levels of activity, self-confidence, and determination, have a sense of mission, Have expectations for high levels of performance.

47. Indigenous and Traditional Mechanisms of Conflict Resolution in Nepal

48. Mediation has a long and colorful history Islamic concept • Hikmah. (Hikmah means wisdom and refers to the conflict intervention style of third party interveners), the qualified intervener, known as the Hakam, is trustworthy, impartial, and possesses a deep knowledge of conflict. • In the Qur’an, it states, “if two parties of believers fall to fighting, then make peace between them.”

49. Mediation has a long and colorful history Buddhist • Karuna:(compassion) thoughts and feelings. • Empathetic listening” and “mindful speech” allow the mediator to hear the emotional needs behind the disputants’. • Metta: known as loving kindness, metta involves cultivating goodwill toward others.

50. Mediation in Christian Practice • Forgiveness: “forgive and you shall be forgiven”. So, Christian tradition calls all people to peacefully walk together as brothers and sisters rather than separately. Peace between two parties is seen as benefiting the larger community. • Shalom bids: (the Jewish peace). Shalom greets the other with hope that their relationship might be one of respect and integrity, peace and justice, wholeness and flourishing. • The rodef shalom, “pursuer of peace.”, elicits that person’s perspective on the conflict and listens to his/her pain • The Greek word: “walk together again”. Note: Such understanding inspires the concept of mediation.