Diplomacy, Secrecy and the Law

25 Pages Posted: 10 Mar 2015

See all articles by Sanderijn Duquet

Sanderijn Duquet

Katholieke Universiteit Leuven - Leuven Centre for Global Governance Studies

Jan Wouters

KU Leuven - Leuven Centre for Global Governance Studies

Date Written: March 1, 2015

Abstract

This paper reviews international and national law protecting secrecy and confidentiality in diplomatic relations. A first part focuses on secrecy within diplomatic relations. The 1961 Vienna Convention on Diplomatic Relations and various Headquarters Agreements contain provisions protecting diplomats, the diplomatic mission and, importantly, diplomatic documents and correspondence from unwanted disclosure. Largely developed during the Cold War period and reflecting sentiments of distrust, this international legal framework remains fundamental to the way in which diplomacy is conducted. The second part explores internal and external pressures that pose a threat to the culture of secrecy in diplomacy. Diplomats operate largely outside the scrutiny of the public, with little oversight by parliaments, causing a democratic deficit. Recent years have seen a rise in public demands for openness and transparency in diplomacy, especially when human rights were at stake. The paper scrutinizes court cases in national and international contexts in which the freedom of speech, the right to access to information held by diplomatic services, and the freedom of the press have been invoked. It is argued that while this type of litigation has begun to cause cracks in the legal regime protecting secrecy, diplomacy as of yet remains an information fortress in otherwise open and democratic societies.

Keywords: Secrecy, diplomacy, 1961 Vienna Convention on Diplomatic Relations, diplomatic documents, archives and correspondence, international negotiations, European Union, United Nations, diplomatic privilege, access to documents, democratic accountability

Suggested Citation

Duquet, Sanderijn and Wouters, Jan, Diplomacy, Secrecy and the Law (March 1, 2015). Available at SSRN: https://ssrn.com/abstract=2575753 or http://dx.doi.org/10.2139/ssrn.2575753

Sanderijn Duquet

Katholieke Universiteit Leuven - Leuven Centre for Global Governance Studies ( email )

Deberiotstraat 34
Leuven, 3000
Belgium

Jan Wouters (Contact Author)

KU Leuven - Leuven Centre for Global Governance Studies ( email )

House De Dorlodot - Deberiotstraat 34
Leuven, B-3000
Belgium

HOME PAGE: http://www.globalgovernancestudies.eu

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