DIPLOMATIC LAW AND PRACTICE
Instructional goals
The object of the course is to provide the students with theoretical and practical knowledge and understanding of international diplomatic law. After this course, students are expected to better understand how diplomatic law regulates current international affairs, as well as the “day-to-day work” of diplomats..
Course attendance is mandatory: non-attending students will be admitted to the exam provided they submit an additional paper, according to the instructions provided by the Professor.
Intended learning outcomes
Ability to apply knowledge and understanding to contemporary international affairs and world politics, in order to assess how diplomats and public officials act on the global scenario and whether specific events or behaviors performed by States and International Organizations abide by the international law.
Ability to apply knowledge and understanding to the field of international law in order to protect the interests of States, individuals and firms (e.g. in international crises or armed conflicts). Ability to make independent evaluations and issue critical assessments as regards international affairs and diplomatic practice, in terms of lawfulness or unlawfulness of the behaviors of States and other international actors.
Students will be able to use the knowledge acquired through this course as an asset in order to compete on the international job market, with a specific focus as regards recruitment in institutional bodies (e.g.: public competitions for fixed-term or permanent posts in the diplomatic service, as well as in International Organizations and NGOs).
Besides, this course provides a broader comprehension of International law for those students who plan to pursue a career as lawyers practicing in the area of international legal affairs, as well as managers working in legal departments of firms and NGOs.
Communication skills: Students are required to learn the appropriate international diplomatic legal vocabulary and will develop appropriate communication skills by analyzing legal sources and case law. These communication skills will be tested during class discussions.
Course Contents
This course aims to examine the law and practice of contemporary international relations and diplomacy. As regards theoretical knowledge, attention will be devoted to the analysis of the Vienna Convention on Diplomatic Relations. Given the importance of practice in the behavior of diplomacy, throughout the course there will be constant reference to events emerging from contemporary international relations, so as to underline how diplomatic rules come into practice.
This course will also provide the students with an overview of the functions of diplomacy as an instrument that governments use to interact among them and with other international actors, as well as of the activities and duties carried out by diplomats, within the ecosystem of the relevant rules of international law.
Reference Books
Readings as well as materials for class discussions will be delivered in class.
Some scholarly elements will be chosen from:
Denza, Eileen, “Diplomatic Law. Commentary on the Vienna Convention on Diplomatic Relations”, Fourth edition, Oxford University Press, 2016
Teaching Methods
Face-to-face lectures.
Students are expected to read the assigned reading materials and to contribute to class discussions. Reference to contemporary diplomatic issues will also be discussed.
This method will help students to mix up theory and practice in order to understand the current international relations scenario
Assessment Method
The grade for the course will be determined on the basis of the following 3 components:
- Class participation (20%)
- Midterm exam (40%)
-Final exam (40%)
MIDTERM EXAM (to be held in the classroom): Short written assignments. Students will be required to write individually a short text (roughly 2 pages) about the contents of the previous lessons (an open question chosen by the Professor concerning an international legal topic). In this way students will be offered the opportunity to practice their writing skills during the course, so as to be able to deal more easily with the final exam. During the 3rd week, the Professor will assign 2 topics (students will have to choose only one) for the midterm exam that will take place in class during 5th week.
FINAL EXAM (to be held in the classroom): Final written paper. Students will be required to write in 1 hour a text (roughly 2 pages) about a case assigned by the Professor during the 7th week.
The non-attending students will be required to submit a short text (roughly 2 pages) about an international legal case chosen by the Professor. This must be handed in on the day of the exam. In addition, on the day of the exam, they will be required to write in class in 1 hour a longer text (roughly 2 pages) about a case taken from the international press. Both the topics will be published on the Luiss platform during the 7th week.
Attending students who decide not to accept the received grade of the midterm exam will be required to write individually a short text (roughly 2 pages) about an international legal case chosen by the Professor. This must be handed in on the day of the exam. In addition, on the day of the exam, non-attending students will be required to write in class in 1 hour a text (roughly 2 pages) about a case taken from the international press. Both the topics will be published on the Luiss platform during the 7th week.
Thesis assignment criteria
Active participation in class discussion
The topic must be original and present a legal approach to the current scenario of international relations.
Week 1
Overview of the course.
Introduction to diplomacy: structure and functions.
Assessment rules for the course
Week 2
Basic principles of International law applicable to diplomacy: the Vienna Convention on Diplomatic Relations.
Establishment of diplomatic relations
Functions of a Diplomatic Mission. Definitions.
Week 3
The Head of the Diplomatic Mission: political and career Ambassadors.
Persona non grata and other legal measures concerning Ambassadors and diplomatic staff
Week 4
The instruments of diplomacy: immunities, privileges and exemptions
The abuse of immunities: legal remedies according to international law and to the national rules of the diplomat
Week 5
Midterm Exam
Week 6
Consular relations: objectives, limits and rules applicable to consuls and consular offices
International crisis response: diplomatic practice
Week 7
Guest lecture on multilateral diplomacy
Week 8
Diplomatic relations during armed conflicts.
Week 9
Guest speaker
Week 10
Diplomatic language and style
Week 11
Diplomatic Protocol
Week 12
Italian foreign policy: an overview