Diplomatic protest

Communications on foreign policy issues vary widely both in form and content. They
may be oral and written: personal notes, verbal notes, aides-memoire, and manifestos;
inquiries, reservations of rights, pro tests, or ultimatums.

A diplomatic protest is a communication in itself, which is usually directed by one

government to another. Strictly speaking, such international bodies as the United
Nations Organization or the Red Cross, which have a special status in international
public law, are eligible to send and receive protests, while private organizations or
individuals cannot protest in any recognized diplomatic way.

The communication must be transmitted through regular diplomatic channels. This

usually implies a message going directly from one head of state to another or a
message proceeding by way of the respective Foreign Offices. Therefore, a presidential
message to Congress, a Congressional resolution, a decision of the Supreme Court, or
a complaint by the Department of Commerce cannot be regarded as a diplomatic
protest.

At the receiving end, protests addressed to governmental agencies other than the
Foreign Office have no standing until they are referred to that Office. Regular diplomatic
channels include not only the foreign minister but also his agents abroad: ambassadors,
ministers, special emissaries, and in some cases consuls. Accredited diplomats may
accept protests for reference to the home government and may initiate protests which
have full validity unless repudiated by superiors. Consuls, military commanders in the
field, and local political authorities are sometimes authorized channels.

Diplomatic protests need not be severe in tone. They may be mild and friendly or sharp
and hostile. The word "protest" need not appear in the communication: the idea may be
conveyed through varying phraseology ("demand", "insist", "earnestly insist", etc. all
convey the idea of strength), as it is the substance, not the language that really matters.

As to its substance, diplomatic protest is in the nature of a complaint. It expresses

dissatisfaction with an official action or policy of the government to which it is
addressed. Such policy or action may comprise public programmers or measures, like
legislation or executive decrees concerning tariffs, immigration, commercial regulations,
etc.
Of utmost importance as a distinguishing feature of protest is the basis и which it is
made. It should rest on the grounds that the act or policy in question violates either
positive international law or what is asserted to be universally accepted morality.

XXVI. Study the text below, comment on its style and phraseology. Take note of the
words and phrases in bold type.

Verbal note dated 3 May 19__ from the Ministry of Foreign Affairs of
(name of country) addressed to the Embassy of (name of country)

The Ministry of Foreign Affairs of the Republic of... presents its compliments to the
Embassy of the Republic of... and, in reference to depositary notification of 22 May
19__, circulated by the United Nations Secretariat, concerning the ratification by the
Government of the Republic of … of the United Nations Convention on the Law of the
Sea, has the honour to communicate the following:

The Republic of ... considers that paragraphs 6 and 7 of the statement made by the
Republic of ... upon signature, and confirmed upon ratification, of the United Nations
Convention on the Law of the Sea, in essence contain reservations and exceptions
to the Convention, which are inadmissible under article 309 of the Convention. At the
same time, this statement is incompatible with article 310 of the Convention under
which States may make declarations and statements only "provided that such
declarations and statements do not purport to exclude or to modify the legal
effect of the provisions of this Convention in their application to that State".

Paragraph 6 of the statement of the Republic of ... affirms that "the concept of
archipelagic waters is similar to the concept of internal waters under the Constitution of
the Republic of ... and removes straits connecting these waters with the economic zone
or high sea from the rights of foreign vessels to transit passage for international
navigation". Such a concept of the legal status of archipelagic waters is in
contravention of part IV of the United Nations Convention on the Law of the Sea.

Proceeding from the foregoing, the Republic of ... cannot recognize as lawful the
statement of the Republic of ... and considers it to be devoid of legal effect due to
its discrepancy with the provisions of the United Nations Convention on the Law of
the Sea.

The Ministry of Foreign Affairs of the Republic of... avails itself of Ни opportunity to
renew to the Embassy of the Republic of... the assurances of its highest consideration.
XXVII. Complete the following verbal note supplying the information you may find
appropriate.

Her Britannic Majesty's Embassy present (s) their (its) compliments to ___ and have
(has) the honour to refer to __________________ concerning_________ . The
Embassy have (has) the honour to inform____ on instructions from Her Majesty's
Principal Secretary for Foreign and Commonwealth Affairs that_______

Her Britannic Majesty's Embassy avail(s) themselves (itself) of (hi opportunity to renew
to_____ .