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Kurmanguzhin S. A.
DIPLLI
ANDCDI
MATIC NSULAR
RVICE
.
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S. A. Kurmanguzhin
DIPLOMATIC AND CONSULAR SERVICE
39301
Almaty 2003
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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
ii
■■■
ii
Kurmanguzhin S.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
BBK 66.4
ISBN 9965-12-340-3
© Kurmanquzhin S.A., 2003
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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
Diplomacy of feudal states 13
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, Jungar Khans,
Iran in 18 century 22
3. Multiplanned external policy activity ofAblay khan 23
ACTIVITY OF FOREIGN POLICY BODY WITHIN THE SOVIET AUTHORITY 24
ENTRY OF KAZAKHSTAN INTO THE SYSTEM OF
INTERNATIONAL RELATIONS 30
Finding of the sovereignty and independence of the Republic of Kazakhstan 30
Solving of problems of the nuclear weapon on the territory of Kazakhstan 32
Basic directions of the activity of foreign policy body 34
STANDARD-LEGAL BASE OF ACTIVITY OF FOREIGN
POLICY BODY OF KAZAKHSTAN 37
First standard-legal documents of the activity of UFA of Kazakhstan 37
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
Concept of state bodies of external relations 43
Central staff of the body of foreign affairs 45
Foreign bodies of external relations 46
N on- state bodies of external relations 46
Participation of a public in diplomatic activity 48
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B
ODIES
OF EXTERNAL RELATIONS OF FOREIGN STATES , 49
/. Bodies of external relations of the United States of America 49
Bodies of external relations of the Russian Federation 51
Bodies of external relations of Great Britain , 53
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
Concept of types and kinds of international organizations 87
The United Nations Organization (the UN) 88
INTERNATIONAL MEETINGS AND CONFERENCES 94
/. Concept of an international conference 94
Preparation and convocation of the international conferences 95
Rule of procedure and order of acceptance of decisions 96
Delegation of states and bodies of conferences 98
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.
International-legal
acts of international conferences ,,..
99
CONCEPTUAL BASES OF NEGOTIATION PROCESSES.
PLANNING, PREPARATION AND ORGANISATION OF NEGOTIATIONS.
METHODOLOGY OF NEGOTIATION PROCESS 100
/. Conceptual bases of negotiation processes 100
Planning, preparation of negotiation 101
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 CONFLICTS. FEATURES OF PRACTICAL ACTIVITY OF SPECIAL MISSIONS AND DELEGATIONS 113
Diplomatic ways of settlement of the international conflicts 113
Features of practical activity of special missions and delegations 1.16
The function of international arbitration and international court in the regulation of international conflicts 116
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 BODY. PRESS CONFERENCE 134
PERSONAL AND VERBAL NOTES, MEMORANDUMS, MEMORABLE NOTES, PRIVATE LETTERS OF SEMI-OFFICIAL CHARACTER, STATEMENTS OF GOVERNMENT AND MINISTRY FOREIGN AFFAIRS ... 140
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A
NNUAL
REPORT OF EMBASSY, POLITICAL LETTER.
PREPARATION OF THE OPERATIVE-DIPLOMATIC TELEGRAM 148
INFORMATION-ANALYTICAL WORK. THE INFORMATION
ON THE SCHEMA „ 156
DIPLOMATIC STAFF. PERSONAL QUALITY AND SKILL OF DIPLOMAT. CENTER - REPRESENTATIONS ABROAD 163
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
The organization of work and structure of the consular service of UFA RK 172
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
The Vienna convention on consular relations, 1963 , 182
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, certification acts,
legalization and vindication of documents 191
REFERENCES 199
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D IPLOMACY AND DIPLOMATIC SERVICE
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.
"Science and art to represent the state and to negotiate".
Simultaneously this word covers ail bodies, "carrying out representation functions of states, including the ministry of foreign affairs or all foreign policy agents".
Under the word diplomacy career or activity of the diplomat is understood.
In England the first case of the use of this word concerns to 1645.
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F
or
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 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".
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T
he
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'.
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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o
f
policy and diplomacy, combining their functions. Diplomacy carries
out
propaganda functions.
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.
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D
iplomacy
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.
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.
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T he 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.
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.
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S peaking 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.
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.