Subjects of diplomatic

relations.

The establishment and

maintenance of diplomatic
relations.

Brainstorm
What is diplomacy?

Diplomacy defined
The art of conducting the intercourse of nations
with each other (Encyclopedia Britannica)

The management of international relations by

negotiations; the method by which these relations are
adjusted and managed by ambassadors and envoys
(The Oxford English Dictionary)

Origins
Greek: diploma official document or state paper
Trained archivists who organized such documents
were first to be called diplomats those who dealt
with diplomas or archives

Origins
By the end of 17th century:
terms diplomaticus or dilpomatique were applied more
restrictively to treaties or state papers dealing with
international relations

Diplomats were officials dealing with those matters

diplomatic body referred collectively to ambassadors,
envoys, officials attached to foreign missions

diplomatic service described the part of the career public

service from which were drawn the personnel working in the

permanent missions in other countries

Diplomacy defined
Diplomacy (from the Greek , meaning making a
deal with other countries) is the art and practice of
conducting negotiations between representatives of states.

It usually refers to international diplomacy, the conduct of

international relations through the intercession of
professional diplomats with regard to issues of peacemaking, trade, war, economics, culture, environment, and
human rights. (Ronald Peter Barston, Modern diplomacy,
Pearson Education, 2006, p. 1)

Diplomacy defined
In an informal or social sense, diplomacy is the
employment of tact to gain strategic advantage or to
find mutually acceptable solutions to a common
challenge, one set of tools being the phrasing of
statements in a non-confrontational, or polite
manner.

History of diplomacy
?

Types of diplomacy

Types of diplomacy
There are a variety of diplomatic categories and
diplomatic strategies employed by organizations and
governments to achieve their aims, each with its own
advantages and disadvantages.

Bilateral and Multilateral

Diplomacy
Bilateral Diplomacy: Embassies, consular

posts, and unconventional resident missions such

as interests sections and representative offices.
Why they are the major part of the modern
counter-revolution in diplomatic practice.

Multilateral Diplomacy: Ad hoc and standing

conferences. Questions of procedure: venue,

membership, agenda, transparency, and above all
decision-making. The triumph of consensusdecision making and its various techniques.
11

Preventive diplomacy
Preventive diplomacy is action to prevent disputes
from arising between parties, to prevent existing
disputes from escalating into conflicts and to limit
the spread of the latter when they occur.

Since the end of the Cold War the international

community through international institutions has
been focusing on preventive diplomacy.

Public diplomacy
Public diplomacy is exercising influence through communication
with the general public in another nation, rather than
attempting to influence the nation's government directly.

This communication may take the form of propaganda, or

more gentle forms such as citizen diplomacy, individual

interactions between average citizens of two or more nations.

Technological advances and the advent of digital diplomacy

now allow instant communication with foreign publics, and

methods such as Facebook diplomacy and Twitter diplomacy
are increasingly used by world leaders and diplomats.

Soft power
Soft power, sometimes called hearts and minds diplomacy,
as defined by Joseph Nye, is the cultivation of
relationships, respect, or even admiration from others in
order to gain influence, as opposed to more coercive
approaches.
Often and incorrectly confused with the practice of
official diplomacy, soft power refers to non-state,
culturally attractive factors that may allow people to
sympathize with a foreign culture based on influence of
its products, such as the American entertainment industry
and music.

Economic diplomacy
Economic diplomacy is the use of foreign aid or other
types of economic policy as a means to achieve a
diplomatic agenda.

Counterinsurgency diplomacy
Counterinsurgency diplomacy, developed by diplomats
deployed to civil-military stabilization efforts in Iraq and
Afghanistan, employs diplomats at tactical and operational
levels, outside traditional embassy environments and often
alongside military or peacekeeping forces.

Counterinsurgency diplomacy may provide political

environment advice to local commanders, interact with
local leaders, and facilitate the governance efforts,
functions and reach of a host government.

Gunboat diplomacy
Gunboat diplomacy is the use of conspicuous displays
of military strength as a means of intimidation in
order to influence others.

It must also be stated that since gunboat diplomacy

lies near to the border between peace and war,

victory or defeat in an incident may foster a shift into
a political and psychological dimensions: a standoff
between a weaker and a stronger state may be
perceived as a defeat for the stronger one.

Appeasement
Appeasement is a policy of making concessions to an
aggressor in order to avoid confrontation; because of
its failure to prevent World War II, appeasement is
not considered a legitimate tool of modern
diplomacy.

Nuclear Diplomacy
Nuclear diplomacy is the area of diplomacy related to
preventing nuclear domination and nuclear war.

One of the most well-known (and most

controversial) philosophies of nuclear diplomacy is
mutually assured destruction (MAD).

Informal diplomacy
(sometimes called Track II diplomacy) has been used for
centuries to communicate between powers.

Most diplomats work to recruit figures in other nations who

might be able to give informal access to a country's leadership.

In some situations, such as between the United States and the
People's Republic of China a large amount of diplomacy is done
through semi-formal channels using interlocutors such as academic
members of think tanks.

This occurs in situations where governments wish to express

intentions or to suggest methods of resolving a diplomatic
situation, but do not wish to express a formal position.

Informal diplomacy
Track II diplomacy is a specific kind of informal

diplomacy, in which non-officials (academic scholars,

retired civil and military officials, public figures, social
activists) engage in dialogue, with the aim of conflict
resolution, or confidence-building.

Sometimes governments may fund such Track II

exchanges. Sometimes the exchanges may have no

connection at all with governments, or may even act in
defiance of governments; such exchanges are called Track
III.

Informal diplomacy
On some occasion a former holder of an official position

continues to carry out an informal diplomatic activity after

retirement.

In some cases, governments welcome such activity, for example as a

means of establishing an initial contact with a hostile state of
group without being formally committed.

In other cases, however, such informal diplomats seek to promote a

political agenda different from that of the government currently in
power.

Such informal diplomacy is practiced by former US Presidents

Jimmy Carter and (to a lesser extent) Bill Clinton and by the former
Israeli diplomat and minister Yossi Beilin (see Geneva Initiative).

Change in modern diplomacy

Change in modern diplomacy

Subjects of diplomatic relations

States
Intergovernmental International Organizations
The Holly See
The Order of Malta
Others?
The classic view has been that international law applies only
to States and therefore only States were able to be subjects
of international law and to establish diplomatic relations.

Attributes of subjects of
international law
1. ability to come into agreements that are binding under

international law, for example, treaties (ius contrahendi)

2. Ability to enter into relations with other states (ius

legationis)

3. Ability to bring claims before international and tribunals

to enforce their rights, for example, the International
Court of Justice.

4. Ability to be subject to obligations under international

law

Article 38 of the ICJ Statute

Sources of international law
According to this article, the International Court of Justice shall apply
the following sources of law, ranked in order of precedence:

a. international conventions, whether general or particular,

establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice
accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and
the teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.

Sources of international law

Treaties

Custom
The General Principles of Law
Binding Resolutions of International Organizations
Unilateral Acts

Sources of Diplomatic
and Consular law
1961 Vienna Convention on Diplomatic Relations
1963 Vienna Convention on Consular Relations
1969 Vienna Convention on Special Missions
1975 Vienna Convention on the Representation of States in their Relations
with International Organizations of a Universal Character
1946 Convention on the Privileges and Immunities of the United Nations
1947 Convention on the Privileges and Immunities of the Specialized
Agencies

1973 Convention on the Prevention and Punishment of Crimes

against Internationally Protected Persons, including Diplomatic
Agents 1994 Convention on the Safety of United Nations and
Associated Personnel

Establishment of diplomatic relations

(and of permanent diplomatic missions)

Article 2
The establishment of diplomatic relations between
States, and of permanent diplomatic missions, takes
place by mutual consent

What is important concerning art.2

1.
2.

No definition of diplomatic relations

Relations between states and international

organisations are excluded from the scope of
the 1961 Vienna Convention (they are codified in
Vienna Convention 1975 still not yet in force)

The right of legation and other

questions
Who has the right of legation (active and passive)?
Has every state a right to legation?
What is the distinction between recognition of States
and establishment of diplomatic relations?

Recognition dipomatic relations maintenance of permanent missions

The recognition of a state is a precondition for the
establishment of diplomatic relations.

These two steps are legally distinct.

Modern practice establishment of diplomatic
relations as an act of recognition (together)

Reasons for not having permanent diplomatic

missions?

 Diplomatic recognition must be distinguished from

formal recognition of states or their governments.

The fact that states do not maintain bilateral diplomatic

relations does not mean that they do not recognize or
treat one another as states.

A state is not required to accord formal bilateral

recognition to any other state, and some have a general
policy of not doing so, considering that a vote for its
membership of an international organisation restricted
to states, such as the United Nations, is proof of
recognition.

Constitutive theory of statehood

It defines a state as a person of international law if, and only if, it is
recognized as sovereign by other states.

This theory of recognition was developed in the 19th century. Under it, a
state was sovereign if another sovereign state recognized it as such

. Because of this, new states could not immediately become part of the

international community or be bound by international law, and recognized

nations did not have to respect international law in their dealings with
them.

In 1815 at the Congress of Vienna the Final Act recognised only 39

sovereign states in the European diplomatic system, and as a result it was
firmly established that in the future new states would have to be recognized
by other states, and that meant in practice recognition by one or more of
the great powers.

Constitutive theory of statehood

One of the major criticisms of this law is the confusion caused when some
states recognize a new entity, but other states do not.

Hersch Lauterpacht, one of the theory's main proponents, suggested that it

is a state's duty to grant recognition as a possible solution. However, a state
may use any criteria when judging if they should give recognition and they
have no obligation to use such criteria. Many states may only recognize
another state if it is to their advantage.[

In 1912, L. F. L. Oppenheim delivered on constitutive theory:

...International Law does not say that a State is not in existence as long as it
isn't recognised, but it takes no notice of it before its recognition. Through
recognition only and exclusively a State becomes an International Person
and a subject of International Law.

Declarative theory of statehood

It defines a state as a person in international law if it meets the following criteria:

1) a defined territory;

2) a permanent population;

3) a government and

4) a capacity to enter into relations with other states, so long as it wasn't achieved by force whether this consists in the
employment of arms, in threatening diplomatic representations, or in any other effective coercive measure.

According to declarative theory, an entity's statehood is independent of its recognition by

other states. The declarative model was most famously expressed in the 1933 Montevideo
Convention.

Article 3 of the Montevideo Convention declares that statehood is independent of

recognition by other states.

In contrast, recognition is considered a requirement for statehood by the constitutive

theory of statehood. However, Article 11 of the Montevideo Convention qualifies the four
criteria by prohibiting the use military force or diplomatic coercion to prevent the
recognition of puppet states.

Recognition of states: means

1. Expressed: an act that carries the inevitable
implication that it would not have been done if the
entity was not recognized;

Supporting admittance to UN membership

2. Per facta concludenda: conclusion of a bilateral

treaty

Participation in the same conference, visit?

Recognition of states: types

1. De jure: entity fully satisfies the applicable legal
critieria

2. De facto: only of current position of the entity

Provisional: Soviet Unions annexation of the Baltic

states (Estonia, Lithuania, Latvia)-in 1940 UK recognized
that it had de facto control, it lasted till 1991

Recognition of governments
Besides recognizing other states, states also can recognize the governments
of states.

This can be problematic particularly when a new government comes to

power by illegal means, such as a coup d'etat, or when an existing
government stays in power by fixing an election.

States once formally recognized both the government of a state and the
state itself, but many no longer follow that practice, even though, if
diplomatic relations are to be maintained, it is necessary that there be a
government with which to engage in diplomatic relations.

Countries such as the United States answer queries over the recognition of
governments with the statement: "The question of recognition does not
arise: we are conducting our relations with the new government."

Subjects of international law

States

International organizations
The Holly See
The Order of Malta

Others:
Insurgents and Belligerents
National liberation movements
Individuals

Subjects of diplomatic relations

States
Intergovernmental International Organizations
The Holly See
The Order of Malta
Others?
The classic view has been that international law applies only
to States and therefore only States were able to be subjects
of international law and to establish diplomatic relations.

What is a State?
According to Art. 1 of the Montevideo Convention on
the Rights and Duties of States of 1933:
The state as a person of international law should possess the
following qualifications:
a) a permanent population
b) a defined territory
c) government
d) capacity to enter into relations with the other states

What are the international

organisations?
An international organisation is an entity

established by an international treaty concluded

between its members that has its own
(international) goals and permanent structure
(organs at least the secretariat).
Membership of the international
intergovernmental organisations is limited
exclusively (or preliminary) to states.
International organisations have lagal personality
saparate from their members (Member States).

The Holy See/the Vatican City State

What is the Holy See?

Is this the same as Vatican City State?
The Holy See is not defined in international law but in the

canon law its the Pope and the Roman Curia (the Head of
the Catholic Church)
It is NOT the same as Vatican (the Vatican City State)
Vatican City State was founded following the signing of the
Lateran Pacts between the Holy See and Italy on February 11th
1929.
Its nature as a (sovereign) State distinct from the Holy See is
universally recognized under international law.
However, the relationship between the Holy See and the
Vatican is very strong (if there was not the Holy See there
would be no need for the creation of the Vatican)

Diplomatic relations of the Holy See

Diplomatic relations are established and

maintained only by the Holy See not by the

Vatican City State.
The Holy See has diplomatic relations
with 179 States, with some of them from XVI
(Portugal, France) or even XV Century (Spain),
with the EU and the Order of Malta.
Diplomatic relations between Poland and the
Holy See had been broken by the Comunists
after World War II and were resumed in 1989.

The Holy See and the Vatican in the

international organisations
The Holy See participates in various intergovernmental

organizations, as member (e.g. International Atomic

Energy Agency, Organization for the Prohibition of
Chemical Weapons, International Organization for
Migration, Organization for Security and Co-operation in
Europe) or observer (e.g. UN, UNESCO, WTO, WHO,
FAO, Council of Europe, Organisation of American
States)
The Vatican is a member of several international
organisations, conected with communication,
e.g. Universal Postal Union, International
Telecommunication Union, European Telecommunication
Satellite Organization EUTELSAT).
The Holy See and the Vatican are never members of the
same organisation.

The Ministry of Foreign Affairs of the Holy

See the Secretariat of State
The functions which are carried out by a ministry of

foreign affaires in a state are exercised for the Holy

See by the Secretariat of State (divided into two
sections: the Section for General Affairs and the Section
for Relations with States).
The Secretariat of State is presided over by a
Cardinal who assumes the title of Secretary of State.
As the Popes first collaborator in the governance of
the universal Church, the Cardinal Secretary of State
is the one primarily responsible for the diplomatic
and political activity of the Holy See.

What is the Order of Malta?

The Sovereign Military Hospitaller Order of St. John

of Jerusalem of Rhodes and of Malta, better known as

the Sovereign Order of Malta, has a two-fold nature.
It is one of the most ancient Catholic Religious Orders,
founded in Jerusalem in around 1048. At the same time it
has always been recognised by nations as an independent
subject of international law.
The Orders mission is summed up in its motto Tuitio Fidei
et Obsequium Pauperum: nurturing, witnessing and
protecting the faith (tuitio fidei) and serving the poor and
the sick representing the Lord (obsequium pauperum).

The History of Order of Malta foundation

It was founded in Jerusalem in around 1048.
Merchants from the ancient Marine Republic of Amalfi

obtained from the Caliph of Egypt the authorisation to build a

church, convent and hospital in Jerusalem, to care for pilgrims
of any religious faith or race.
The monastic community which ran the hospital The Order
of St. John of Jerusalem became independent under the
guidance of its founder, Blessed Grard.
Pope Paschal II approved the foundation of the Hospital with
the Bull of 1113, and placed it under the aegis of the Church,
granting it the right to freely elect its superiors without
interference from other lay or religious authorities.
By virtue of the Papal Bull, the Hospital became a lay-religious
order.

The History of the Order of Malta Cyprus

After the loss of the Holy Land in 1291, the Order

transferred its seat and hospital to Limassol on the island

of Cyprus.
It continued to build new hospitals, and benefitted from
the strategic position of the Island to constitute a naval
fleet to protect pilgrims on the sea route to the Holy
Land.
The number of members coming from all over Europe
continued to grow and contributed to the strengthening
of the Orders structure, acquiring new possessions on the
Mediterranean shore. Amongst these were the important
port of Famagusta, the city of Nicosia and numerous
Commanderies.

The History of the Order of Malta Rhodes

Due to the consequences of increasing instability in

Cyprus, the Hospitallers sought to consider a more

suitable base for the seat of the Order on the Island of
Rhodes.
The Order completed the acquisition of the island by
1310 when it transferred its seat there.
Besides offering natural ports for its fleets, the island was
a strategic location that linked the eastern and western
worlds.
From then, the defence of the Christian world required
the organisation of a naval force. Thus the Order built a
powerful fleet and sailed the Eastern Mediterranean,
fighting many famous battles.

The History of the Order of Malta Rhodos

The Orders independence from other nations

and its universally recognised right to maintain

and deploy armed forces and to appoint
ambassadors, has constituted the grounds for
its international sovereignty.
After six months (!!) of siege and fierce combat
against the fleet and army of Sultan Suleiman the
Magnificent, the knights were forced to
surrender in 1523 and left Rhodes with military
honours.

The History of the Order of Malta

Malta
The Order remained without a territory of its

own until 1530, when it took possession of the

island of Malta, granted to the Order by
Emperor Charles V. It was decided that the
Order should remain neutral in any war between
Christian nations.
In 1565 the knights, led by Grand Master Fra
Jean de la Vallette defended the island for more
than three months during the Great Siege of
the Ottomans. Following this victory the city and
port of La Valletta was built and named after the
Grand Master, its founder.

The History of the Order of

Malta Malta
The knights transformed Malta: palaces and churches

were built, as well as formidable new defence bastions and

gardens, architecture flourished as well as artistic
patronage.
The island was given a large new hospital, considered to
be one of the best organised and most effective in the
world. A school of anatomy was also founded and the
faculty of medicine followed. In particular, the Order
contributed to the development of ophthalmology and
pharmacology.
As well as these activities, for centuries the Order of
Maltas fleet took part in the most important manoeuvres
in the Mediterranean against the Ottoman fleet and
against North African pirates.

History of the Order of Malta.

Malta
In 1571 the fleet of the Order of Malta took part in the

Battle of Lepanto, contributing to the victory of the

Christian fleet against the Ottoman Empires expansion
into Europe.
Two hundred years later, during his Egyptian campaign in
1798, Napoleon Bonaparte occupied Malta for its strategic
value. Because of the Orders code prohibiting them from
raising weapons against other Christians, the knights were
forced to leave their island.
The Treaty of Amiens, signed in 1802, which established
the sovereign rights of the Order over the island of Malta,
was never applied.

Today.. Rome
After having temporarily resided in Messina, Catania
and Ferrara, in 1834 the Order settled definitively in
Rome, where it owns, with extraterritorial status,
the Magistral Palace (Via dei Condotti 68, where the
Grand Master resides) and the Magistral Villa on the
Aventine Hill.
The latter hosts the Grand Priory of Rome - an
ancient institution which is made up of the Orders
members in Central Italy - and the Embassy of the
Order to the Italian Republic.

What does it mean that it is a

religious order?
The Order was born as a monastic community
This community ran a hospice providing care
and shelter for pilgrims to the Holy Land.

In 1113 it received formal acknowledgement as a

religious Order from Pope Paschal II.

Before the loss of the island of Malta most of

the knights were religious, having taken the three

vows of poverty, chastity and obedience.

What does it mean that it is a

religious order?
Today, although some members of the Order are

professed knights (having taken the three vows of

poverty, chastity and obedience), others have
pronounced only the promise of obedience.
Most of the Orders 13,500 knights and dames are lay
members. Although they have not pronounced any
religious vow, they are all devoted to the exercise of
Christian virtue and charity, and committed to
developing their spirituality within the Church and to
expending their energies in serving the Faith and
assisting others.

Is it a military order?
The Order had to become military to protect the
pilgrims and the sick and to defend the Christian
territories in the Holy Land.

The Order ceased to carry out this function when it

lost Malta (1798).

Today the Order preserves only the military

traditions.

The Order today

The life and activities of the Order are governed
by its Constitution and its Code.
The head of the Order is the 79th Prince and
Grand Master Fra Matthew Festing, elected
for life by the Council Complete of State.
The Order is present with its Institutions in 54
countries.
The Order is made up of more than 13,500
Knights and Dames.

Fra Matthew Festing

elected Prince and Grand Master of the Order of Malta on 11th March
2008.
His an Englishman, as a child he lived

in Egypt and Singapore, for most of his

professional life has worked at an
international art auction house.
He served in the Grenadier Guards and
holds the rank of colonel in the
Territorial Army. He was appointed
OBE (Officer of the Order of the
British Empire) by the Queen and
served as one of her Deputy
Lieutenants in the county of
Northumberland.
Between 1993 and 2008 he was the
Grand Prior of England. In this role, he
led missions of humanitarian aid to
Kosovo, Serbia and Croatia after the
recent disturbances in those countries,
and he attended the Orders
international annual pilgrimage to
Lourdes.

As well as his passion for the

decorative arts and for
history, his encyclopaedic
knowledge of the history of
the Order of Malta is well
known

Is it a chivalrous order?
Traditionally Knights of the Order belonged to chivalrous
and noble families of the Christian world. The Order is
still a chivalrous order today as it has maintained the
values of chivalry and nobility. Although the majority of
its members no longer come from ancient noble families,
they are admitted because of manifest merits towards the
Church and the Order of Malta.
One can become a member of the Order of Malta only
by invitation.
Only persons of undoubted Catholic morality and
practice, who have acquired merit with regard to the
Sovereign Order, its institutions and its works are eligible
for admission. The relevant Grand Priory or National
Association is responsible for proposals of admission.

The work of the Order

The Order works in the field of medical and social care and

humanitarian aid, in over 120 countries.

The Order also runs hospitals, medical centres, day hospitals,
nursing homes for the elderly and the disabled, and special
centres for the terminally ill.
In many countries the Orders volunteer corps provide first aid,
social services, emergency and humanitarian interventions.
Malteser International, the Orders worldwide relief agency,
works in the front line in natural disasters and armed conflicts.
For over 50 years, the Order has been dealing extensively with
the treatment of leprosy through its CIOMAL foundation
(International Committee of the Order of Malta).

Where have the main humanitarian missions been

carried out in recent years?
The most significant

aid projects have

been carried out in
Kosovo and
Macedonia, India, in
Southeast Asia after
the Tsunami,
Afghanistan,
Pakistan, Mexico,
Congo, Sudan,
Myanmar, Sri Lanka,
Georgia and Haiti.

How are the Orders diplomatic

activities conducted?
In accordance with public international law, the Order

maintains bilateral diplomatic relations with 104 countries.

It also has permanent observer status at the United Nations and
the Commission of the European Union as well as in 17
International Organisations such as the FAO and UNESCO.
Diplomatic relations allow the Order to intervene with timely
and effective action in the event of natural disaster or armed
conflict.
Due to its neutral, impartial and non-political nature, the Order
can act as a mediator whenever a State requests its intervention
to settle a dispute.
The Order have established diplomatic relations with Poland on
9th July 1990.

The Order of Malta has permanent observer

missions to the United Nations and its
specialised agencies:
United Nations New York
United Nations Geneva
United Nations Vienna
ESCAP United Nations Economic and Social Commission for Asia and the Pacific - (Bangkok)
FAO Food and Agricultural Organization of the United Nations (Rome)
IAEA International Atomic Energy Agency (Vienna)
IFAD International Fund for Agricultural Development - (Rome)
UNEP United Nations Environment Programme (Nairobi)
UNESCO United Nations Educational, Scientific and Cultural Organization (Paris)
UNHCHR United Nations High Commissioner for Human Rights - (Geneva)
UNHCR United Nations High Commissioner for Refugees - (Geneva)
UNIDO United Nations Industrial Development Organization (Vienna)
WFP World Food Programme of the United Nations (Rome)
WHO World Health Organization - (Geneva)

The Order of Malta has delegations or

representations to international organizations:
CTBTO- Preparatory Commission for the comprehensive nuclear-test-ban Treaty
Organization (Vienna)
ICCROM International Centre for the study of the preservation and restoration
of cultural property (Rome)
ICMM - International Committee of Military Medicine (Brussels)
ICRC International Committee of the Red Cross (Geneva)
IDB Inter-American Development Bank (Washington D.C.)
IIHL International Institute of Humanitarian Law (Sanremo, Geneva)
IFRC -International Federation of Red Cross and Red Crescent Societies
(Geneva)
IOM International Organization for Migration - (Geneva)
UNIDROIT International Institute for the Unification of Private Law - (Rome)
UNILAT- Latin Union - (Santo Domingo, Paris)
Council of Europe (Strasbourg)

Insurgents and Belligerents:

Insurgents are individuals who participate in an insurrection (rebellion)
against their government.

Belligerents are a body of insurgents who by reason of their temporary

organized government are regarded as lawful combatants conducting lawful

hostilities, provided they observe the laws of war.

For a long time, International Law has recognized that insurgents and
belligerents may in certain circumstances, primarily dependent upon the de
facto administration of specific territory, be international subjects having
certain rights and duties under International Law, and may in due course be
recognized as de facto governments.

They can enter into valid arrangements on the international plane with

States, international organizations, and other belligerents and

insurgents. They are bound by the rules of International Law with respect
to the conduct of hostilities.

National liberation movements:

In the course of anti-colonial actions sponsored by the United Nations and

regional organizations, these organizations and the member States have

conferred international legal status upon certain national liberation movements.

In 1974, the General Assembly recognized the international legal status to the
Angolan, Mozambican, Palestinian, and Rhodesian movements (which had been
recognized as such by the Organization of African Unity (OAU) or the Arab
League), and accorded them observer status in its meetings, in meetings of
various organs of the United Nations, in meetings of the United Nations
specialized agencies, and in conferences convened under the auspices of the
United Nations.

The Security Council of the United Nations permitted the Palestine Liberation
Organization (PLO) to participate in its debates with the same rights of
participation as conferred upon a member State not a member of the Security
Council.

The Palestine Liberation

Organization (PLO)
an organization founded in 1964 with the purpose of creating an
independent State of Palestine

It is recognized as the "sole legitimate representative of the Palestinian

people by over 100 states with which it holds diplomatic relations and
has enjoyed observer status at the United Nations since 1974.

The PLO was considered by the United States and Israel to be a

terrorist organization until the Madrid Conference in 1991.

In 1993, the PLO recognized Israel's right to exist in peace,

accepted UN Security Council resolutions 242 and 338, and rejected

"violence and terrorism"; in response, Israel officially recognized the
PLO as the representative of the Palestinian people.

The Palestinian National

Authority
(PA or PNA; Arabic: as-Sula alWaanya al-Filasnya) is the interim self-government
body established to govern the Gaza Strip and Areas
A and B of the West Bank, as a consequence of the
1993 Oslo Accords.

The Palestinian Authority was formed in 1994,

pursuant to the Oslo Accords between the Palestine

Liberation Organization (PLO) and the government
of Israel, as a five-year interim body.

 The administrative responsibilities accorded to the PA

were limited to civil matters and internal security and did

not include external security or foreign affairs.
Palestinians in the diaspora and inside Israel were not
eligible to vote in elections for the offices of the
Palestinian Authority.
The PA was legally separate from the Palestine
Liberation Organization (PLO), which continues to
enjoy international recognition as the sole legitimate
representative of the Palestinian people, representing
them at the United Nations under the name "Palestine".

2013 Name change

The UN has permitted the Palestine National Authority to title

its representative office to the UN as 'The Permanent

Observer Mission of the State of Palestine to the United
Nations', and Palestine has started to re-title its name
accordingly on postal stamps, official documents and passports,
whilst it has instructed its diplomats to officially represent 'The
State of Palestine', as opposed to the 'Palestine National
Authority'.
Additionally, on 17 December 2012, UN Chief of Protocol
Yeocheol Yoon decided that "the designation of 'State of
Palestine' shall be used by the Secretariat in all official United
Nations documents".