1.

International law & Diplomacy

International law are derives not from actions of a legislative branch or other central
authority, but from tradition and agreements signed by states. It is depends on the reciprocity,
collective action, and international norms. The sources of international law come from the
central authorities, legislature or dictators. Enforcement of International Laws are distinguish
from the national law. It is more difficult to enforce and depend to the states itself. In addition,
there is also The World Court is under the United Nation which is their jurisdiction is limited.
On the other hand, laws of diplomacy is kinds of relations among states, except war. Under
diplomatic recognition process, diplomat are accredited to each other’s government
(credentials), and they are enjoy certain rights and protection as a foreign diplomat in the host
country.

2. Foreign Policy and Intelligence

The foreign policy process is a process of decision making. Decision making is a

steering process in which adjustments are made as a result of feedback from outside world.
Decisions are carried out by the actions taken to change the world, and then information from
the world is monitored to evaluate the effects of these actions. A common starting point for
studying the decision-making process is the rational model. In the model, decision makers set
goals, evaluate their relative importance, calculated the costs and benefits of each possible
course of action, then choose the one with the highest benefits and lowest costs.

Intelligence, in government and military operations, evaluated information concerning

the strength, activities, and probable courses of action of foreign countries or non-state actors
that are usually, though not always, enemies or opponents. Intelligence is conducted on three
levels: strategic (sometimes called national), tactical, and counterintelligence. The broadest of
these levels is strategic intelligence, which includes information about the capabilities and
intentions of foreign countries. Tactical intelligence, sometimes called operational or combat
intelligence, is information required by military field commanders. Because of the enormous
destructive power of modern weaponry, the decision making of political leaders often must
take into account information derived from tactical as well as strategic intelligence; major field
commanders may often also need multiple levels of intelligence. Thus, the distinction between
these two levels of intelligence may be vanishing. Counterintelligence is aimed at protecting
and maintaining the secrecy of a country’s intelligence operations. Its purpose is to prevent
spies or other agents of a foreign power from penetrating the country’s government, armed
services, or intelligence agencies. Counterintelligence also is concerned with protecting
advanced technology, deterring terrorism, and combating international narcotics trafficking.
Counterintelligence operations sometimes produce positive intelligence, including information
about the intelligence-gathering tools and techniques of other countries and about the kinds of
intelligence other countries may be seeking. Counterintelligence operations sometimes involve
the manipulation of an adversary’s intelligence services through the placement of “moles,” or
double agents, in sensitive areas. In authoritarian and totalitarian states, counterintelligence
also encompasses the surveillance of key elites and the repression of dissent. For an example,
The U.S. Central Intelligence Agency (CIA), for example, organized the overthrow of the
government of Guatemala by military coup in 1954 and helped to undermine the government
of President Salvador Allende (1908–73) of Chile prior to the military coup there in 1973.

3. Sources of International Law

Four sources of international law are treaties, custom, general principles of law (such
as equity) and legal scholarship (including past judicial decisions). The most important source
of international law is treaties. A principle in international law states that treaties, once signed
and ratified must be observed. State violate the terms of treaties they have signed only if the
matter is very important or the penalties for such a violation seem very small. Treaties and
other international obligations such as debts are binding on successor governments whether the
new government takes power through an election, a coup, or a revolution. For example, after
the revolutions in Eastern Europe around 1990, newly democratic governments were held
responsible for debts incurred by their communist predecessors. Even when the Soviet Union
broke up, Russia as the successor state had to guarantee that Soviet debts would be paid and
Soviet treaties honoured. Although revolution does not free a state from its obligations, some
treaties have built-in escape clauses that let state legally withdraw from them, after giving due
notice without violating international law. For example, the United States in 2001 invoked the
six month opt-out provision of the ABM treaty.

The second major source of international law is custom. If states behave toward each
other in a certain way for long enough, their behaviour may become generally accepted practise
with the status of law. Western international law, though not Islamic law tends to be positivist
in this regard as it draws on actual customs, the practical realities of self-interest and the need
for consent rather than on an abstract concept of divine or natural law.
 General principles of law also one of the source of international law. Actions such as
theft and assault recognized in most national legal systems as crimes tend to have the same
meaning in an international context. Iraq’s invasion of Kuwait was illegal under treaties signed
by Iraq including the UN Charter and that of the Arab League and under the custom Iraq and
Kuwait had established of living in peace as sovereign states. Beyond treaty or custom, the
invasion violated international law because of the general principle that one state may not
overrun its neighbour’s territory and annex it by force.

The forth source of international law is legal scholarship. The written arguments of
judges and lawyers around the world on the issues in question. Only the writings of the most
highly qualified and respected legal figures can be taken into account and then only to resolve
points not resolves by the first three sources of international law.