Assignment 119

1. In modern diplomatic practice states generally use four methods for communicating directly with one another and other international actors. These are notes, letters, memoranda and aides-mémoires. In addition political leaders and other national personalities communicate with one another directly or indirectly through speeches, statements, communiqués and interviews with the press, although the variety of state practice makes it difficult to lay down hard-and-fast rules as to when one method showed be used rather than another.

2. Written communication, in fact, whatever its form, is, despite the developments in other forms of communication, still central to diplomacy. It is the means by which states put their position on record, explain the details of their policies, record protest, support claims, seek collective approval and carry out many other actions which make up the business of international relations.

3. Diplomatic notes are used for a variety of purposes ranging from routine matters of administration between an embassy and host foreign ministry, registration of treaties, granting or refusing overflight clearance, peace proposals through to official protests at the actions of other states.

4. When states find it necessary to protest at certain actions this may be done verbally, by calling the ambassador or charge to the foreign ministry. Alternatively, depending on the context and type of protest, a protest note may be issued. When put in the form of a note, the purpose is usually to place on record for political or legal purposes the state's position. This may form the basis for a claim or counter-claim at a subsequent date, or be a means of seeking political support in a wider forum.

5. A number of reasons for protests can be distinguished, such as seeking to stop a policy developing (e.g. to contest a state's offshore maritime legislation); secondly, to protect interests (e.g. to maintain or counter a boundary claim by another state, or the occupation of territory); thirdly, to affirm the right to do something (e.g. offshore exploration); or fourthly condemn an action (e.g. repeated or serious violation of air or sea space; arrest of vessels: breaches of cease-fire) with a view to exerting pressure to get violations stopped.

6. First of all a collective note is one which is presented by several parties to a government or international institution on a matter upon which they wish to make joint representation. The text may be delivered by the current chairman, secretary-general or individual ambassadors as appropriate. In a similar way letters may take a collective form.

7. Apart from collective notes or letters, other uses take the form of identical and similar notes.

In the case of similar notes, states may agree after consultation to draft broadly similar though not identical language. This may occur when a number of states consult each other concerning the effect of reservations made by another state when acceding to an international treaty. Again, groups of states may agree to use similar language when reserving their positions on an issue.

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