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AuthorWaters, Maurice. author
TitleThe Ad Hoc Diplomat: A Study in Municipal and International Law [electronic resource] / by Maurice Waters
ImprintDordrecht : Springer Netherlands, 1963
Connect tohttp://dx.doi.org/10.1007/978-94-015-0897-1
Descript XII, 233 p. 1 illus. online resource

SUMMARY

The special diplomatic agent has played in the history of American foreign policy an important and, it is safe to say, unique role. The names of Colonel House and Harry Hopkins come, of course, right away to mind. But there have been others: John Quincy Adams, Berยญ nard M. Baruch, Henry Clay, Albert Gallatin, James Monroe, John Randolph, Daniel Webster, Wendell Wilkie, for instance. At the beginning of American history, the use of the special agent was primarily due to the scarcity of available talent. Later it was due to the low quality of many diplomatic representatives, chosen for political reasons and without regard for their diplomatic qualifications. More recently, the President has availed himself of the special agent in order to make sure that his will prevails in the conduct of American foreign policy. The institution of the special agent is indeed inseparable from the preeminent, contested and uncertain role the President plays in the determination of American foreign policy. Since the Constitution is silent on that point, the ultimate determiยญ nation of American foreign policy has been throughout American history a subject ot controversy between the President and Congress


CONTENT

I. The Nominating and Appointing Power -- Establishment of the Practice -- The Change in the Presidentโ{128}{153}s Authority -- Summary -- II. Historical Arguments for and Against the Use of the Special Agent -- Arguments Against the Use of Special Agents -- Arguments For the Use of Special Agents -- Summary -- III. The Question of Office -- Marshallโ{128}{153}s Opinion -- Later Definitions of Office -- The Problem of Rank -- The Presidential Signature and the United Statesโ{128}{153} Seal -- The Contingent Fund -- Establishment of the Fund -- Summary -- IV. The Presidentโ{128}{153}s Appointing Power with Respect to Special Agents -- Early Attempts at Restrictions -- Restrictions Successfully Passed -- Restrictions With Respect to International Organizations -- The United Nations โ{128}{156}Battleโ{128}{157} -- Special Agents and the Question of Rank -- Summary -- V. Status of the Regular Diplomatic Agent under International Law -- Agrรฉation -- La Lettre de Crรฉance -- The Nature of Diplomatic Privileges and Immunities -- Duration of Diplomatic Immunities -- Theories on the Basis of Diplomatic Immunity -- Who Receives Diplomatic Privileges and Immunity -- Who Decides the Question of Entitlement to Immunity -- The Basis for the Decision -- The Meaning of Function -- Responsibility for the Protection of Diplomats -- Responsibility for the Acts of a Stateโ{128}{153}s Agents -- Functions of a Diplomat -- Diplomatic Agents Below the Rank of Ambassador -- Summary -- VI. Status of Miscellaneous Agents under International Law -- International Conferences -- International Organizations -- International Commissions -- Summary -- VII. Status of the Special Agent under International Law -- Special Secret Agents -- Special Public Agents -- The Establishment of Special Missions -- Privileges and Immunities -- Freedom of Movement and Communication -- Responsibility for the Protection of Special Agents -- Responsibility for the Acts of the Special Agent -- Functions of the Special Agent -- Summary -- VIII. Conclusions -- Municipal Law Aspect -- International Law Aspect -- Appendix A -- Representative List of Special Agents -- Appendix B -- Provisions for Appointing United States Delegates to International Organizations -- Appendix C -- Vienna Convention on Diplomatic Relations -- Appendix D -- The Agencies of Colonel House and Harry Hopkins -- Edward M. House -- Houseโ{128}{153}s Background -- The Nature of the House-Wilson Relationship -- His Influence and Methods of Operation -- Five Missions Abroad -- Advantages and Disadvantages in Using House -- Summary -- Harry L. Hopkins -- Hopkinsโ{128}{153} Background -- The Nature of the Hopkins-Roosevelt Relationship -- Five Missions Abroad -- His Influence and Methods of Operation -- Advantages and Disadvantages in Using Hopkins -- Summary


Law Political science Civil law Private international law Conflict of laws International law Comparative law Law Civil Law Private International Law International & Foreign Law Comparative Law Political Science



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