Chapter 3 looks inside “the black box” of the state to highlight the roles of secretaries, ministers, ambassadors, bureaucrats, and ombudsmen. It also looks at how human rights reports are created and help frame the diplomatic process.

This chapter sets out a framework to analyse the existence of international law in thirteenth-century Mongol Eurasia. It uses the category of the Universal Mongol Empire and the creation and use of the yasa (Chinggis Khan’s legal code) as the basis of the legal arena of the time. In addition to the Universal Mongol Empire, Inner Eurasia as a unit of history, the Mongol Commonwealth and the Mongol world system are used to identify the making and practice of international law in this period. The Mongol Khans articulated a specific world view that accommodated the disparateness of the Eurasian landscape, be it peoples, civilizations, religions or political ideologies. Governance (political and economic) of this multifarious empire relied on institutions that permeated throughout the empire and gave it coherence. Thus the focus is on conveying the meaning of sovereignty and law which was a product of interpolity relations that had taken place over centuries. Consequently the chapter seeks to broaden the discipline of modern international law by engaging with historic Eurasia, specifically Mongol rule in the thirteenth century.

Chapter 4 shifts focus to IGOs. States create IGOs to help them achieve common goals or manage international problems. One of the central purposes of IGOs, such as the United Nations (UN) and the European Union (EU), is to promote and protect human rights and this chapter provides an overview of their respective multilateral architecture. This chapter explains the operation of international human rights commissions and councils, and how international criminal courts have become an important tool of human rights and humanitarian diplomacy.

This chapter describes the WTO dispute settlement system, focusing on its structure, procedures, and recent challenges. The WTO system, established in 1995, was a significant innovation in international trade law, featuring mandatory jurisdiction and a detailed set of rules in the Dispute Settlement Understanding (DSU). It aimed to ensure adherence to WTO commitments and provide predictability to the trading system.However, recent US concerns over the Appellate Body’s functioning led to blocked appointments, rendering the Appellate Body defunct and the system non-binding. This crisis has led to the exploration of alternative mechanisms like the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) and increased reliance on regional trade agreement dispute settlement mechanisms.

As the tensions between the Chinese population and the foreign sojourners and settlers of the treaty powers in post-1842 China led to a series of violent riots and deadly conflicts in the second half of the nineteenth century, the foreign powers were desperate to find an effective mechanism to prevent such occurrences. Influenced by a colonial siege mentality and the idea of a state of emergency, the treaty powers created an exception to international law, Western law and Chinese law by subjecting the Chinese government authorities to a regime of strict liability, holding them legally liable for all the ’anti-foreign’ incidents and the resulting damage to foreign interests, regardless of circumstances. This chapter investigates the historical forces and international politics that prompted this regime of strict liability in late Qing China. It calls for more attention to the deep-rooted connections between such practices in the age of empire and the various forms of emergency powers and security regimes that have continued to plague our modern world today.

Chapter 6 details how NGOs engage in human rights and humanitarian diplomacy. Human Rights Watch and Amnesty International are just two of the many NGOs which monitor, report, advocate, and educate on human rights. Médecins Sans Frontières (MSF; Doctors Without Borders) and the International Committee of the Red Cross (ICRC) routinely and, oftentimes, quietly deliver humanitarian assistance.

How did the Sinitic empires of the Qin and Han interact with their neighbours before the adoption of the concept of international law from the West, following the establishment of the nation state with fixed frontiers in the late seventeenth century? The dominant model is the concept of ‘tribute’ first outlined by John K. Fairbank based on the foreign-relations practices of the late imperial Qing empire. This chapter argues that is incorrect. Apart from engaging in military action, the early East Asian empires followed the ways in which states had related to each other for centuries prior to the establishment of the empires, i.e. by accepting hostages, which developed into the giving of pledges (both used the same term, zhi), and in establishing marriage relations. The earlier ritual of ‘covenant making’ was replaced by a new legal instrument, the binding yue ‘agreement,’ a form of contract. Although local and regional authorities gave ‘prestations’ to the central court in imperial times, it is argued that ‘tribute’ (gong) was not significant until the later Han, when, on the basis of the mention of tribute in two canonical texts, it was incorporated into Confucian world view.

This chapter defines and explains an inter-governmental organisation (IGO) and argues that the United Nations (UN) is paradigmatic of this genre. A contrast is made with other forms of organisation, particularly the supranational integration organisation. The chapter also defines the law of international organisations as the law governing, applicable to, and produced by, such organisations, and explains how this is best studied through a focus on the UN and related IGOs. It explores how law and politics work within the UN and helps the reader to understand how to identify and apply the law, and to critically evaluate the strengths and weaknesses of the law. The chapter concludes with a case study drawn from the practice of the Security Council involving the exercise of the veto to distinguish when practice is a valid interpretation or development of the law, and when it is a breach.

This introductory chapter explores what international human rights are, why they are controversial, and why diplomacy is necessary for the actualization of human rights. It also explains the narrow distinctions between human rights and humanitarianism; discusses the different kinds of actors involved in multilevel human rights and humanitarian diplomacy; and outlines basic strategies and tools used to promote and protect human rights and humanitarian principles through diplomacy.

This chapter discusses what makes the constituent treaty of the United Nations (UN) and similar inter-governmental organisations different from many other treaties so that it is appropriate to use the term constitution in relation to such treaties, although the legitimacy and strength of such constitutions varies. In a minimal sense, the UN Charter constitutes, or establishes, an organisation with organs possessing legal powers and members with rights and duties, justifying the use of the term 'constitution'. The chapter also discusses the constitutional features of the UN Charter, including the debates surrounding the so-called 'supremacy clause' of the UN Charter contained in Article 103. It presents two case studies featuring judicial decisions on the primacy of UN obligations by the International Court of Justice in the Lockerbie cases of 1992 and 1998, and the European Court of Human Rights in the Al-Jedda case of 2011, to illustrate the controversies surrounding constitutionalism.

From the ninth to the fourteenth centuries, Japan purposely eschewed concluding diplomatic relations with the countries on its periphery. The international environment that made this fundamental policy possible first formed in the ninth century in the East China Sea with the appearance of maritime merchants. Japan was able to obtain foreign goods through trade ships without having to follow troublesome diplomatic procedures. In addition, no strong hegemonic power could threaten Japan militarily after the ninth century. Assuming this environment, Japan did not engage with any other country beyond temporary communications. Japan’s environment changed with the appearance of the Mongols as a hegemonic nation in thirteenth century. But even under military pressure, Japan refused to conclude diplomatic relations with the Mongols. At the beginning of the fourteenth century, the Mongols approved trade with Japan without the conclusion of formal diplomatic relations. In the latter half of the fourteenth century, the Ming’s making trade inseparable from the paying of tribute forced Japan to honour the Ming demand. This caused a radical change to Japan’s foreign diplomatic relations.