Международные конференции и дипломатия ad hoc: понятия, структура, правовой режим

Abstract

The article explores legal aspects of one of diplomatic law institutions — the ad hoc diplomacy. The study involves the concepts and main elements of the institution of international conferences and also the changes this institution has undergone since World War II as far as their structure and methods of convening them are concerned. Convening the conferences has become simpler due to their periodic character, delegations are formed on the principles of democracy and representation, conferences are prepared by steering committees, the executive and working bodies of the conferences and voting procedures have been substantially modified, and so on. The author suggests classifying conferences according to several criteria, depending on general and operational aims and objectives, the field of activities of the participants, their rank, the forms of organisation and holding of the conference, etc. A special place is given in the article to the procedure rules and organisational forms of the international conferences work. The article throws light on some issues of the ad hoc diplomacy emergence. The term itself was first used in 1960 by the UN International Law Commission within the framework of the discussions of the Xl-th Commission of the UN General Assembly. The Commission identified 3 categories of the ad hoc diplomacy: a) international conferences delegations; b) temporary envoys (government delegations with the mandate to carry out a mission in many countries); c) special missions (temporary missions of representative government character, sent by one state to another with the latter's consent to discuss certain issues or implementing a certain mission). Any delegate who is not a member of a permanent diplomatic mission belongs to the ad hoc diplomats. The category may include: a) heads of state, heads of governments, foreign ministers and other government members on an official visit; b) ambassadors or temporary envoys; c) ad hoc diplomats — members of special missions sent to participate in official ceremonies; d) diplomat ad hoc — a courier; e) secret emissaries; f) confidential observers; g) observers and delegates at conferences and other international meetings; h) executive and political agents; i) the group accompanying the head of state; The ad hoc diplomacy cases are studied under the doctrine, due to the fact that no general rules have been formed in this area and there is no code of laws regulating this activity, except for special missions which are part of ad hoc diplomacy.