Diplomacy

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Concept.png Diplomacy 
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InterestsForeign policy

Diplomacy is a concept.

Words

Secret treaty

A secret treaty is a treaty (international agreement) in which the contracting state parties have agreed to conceal the treaty's existence or substance from other states and the public.[1] Such a commitment to keep the agreement secret may be contained in the treaty itself or in a separate agreement.[1]

According to one compilation of secret treaties published in 2004, there have been 593 secret treaties negotiated by 110 countries and independent political entities since the year 1521,[2], but apparently rare today (but since they are secret, one wouldn't know).

Secret agreements might also be framed as a memorandum of understanding (MoU) or an oral agreement ("nothing on paper"). One advantage of MoUs over more formal instruments is that, because obligations under international law may be avoided, they can often be put into effect without requiring legislative approval. Hence, MoUs are often used to modify and adapt existing treaties, in which case these MoUs have factual treaty status.

Secret treaties still exist especially in the context of agreements to establish foreign military bases.[3] For example, after the 1960 Security Treaty between the U.S. and Japan, the two nations entered into three agreements that (according to an expert panel convened by the Japanese Foreign Ministry) could be defined as secret treaties, at least in a broad sense.[4] These agreements involved the transit and storage of nuclear weapons by U.S. forces in Japan despite Japan's formal non-nuclear weapons policy. Prior to their public release in 2010, the Japanese government had gone so far as convicting journalist Nishiyama Takichi, who tried to expose one treaty, for espionage.[5]

Operation Condor was a secret treaty between the US and five South American nations to coordinate counter-insurgency and "dirty war" against communist rebels and other leftists in Latin America.[6]

 

An example

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Ambassador
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References

  1. a b Helmut Tichy and Philip Bittner, "Article 80" in Olivier Dörr & Kirsten Schmalenbach (eds.) Vienna Convention on the Law of Treaties: a Commentary (Springer, 2012)), 1339, at 1341, note 11.
  2. Chad M. Kahl, International Relations, International Security, and Comparative Politics: A Guide to Reference and Information Sources (Greenwood, 2008), pp. 206-207.
  3. Dörr & Schmalenbach, p. 1341, note 12.
  4. Jeffrey Lewis, More on US-Japan "Secret Agreements", Arms Control Wonk (March 11, 2010).
  5. Martin Fackler, "Japanese Split on Exposing Secret Pacts With U.S.", The New York Times (February 8, 2010).
  6. Bassiouni, M. Cherif (2011) Crimes against Humanity: Historical Evolution and Contemporary Application. Cambridge University Press. p. 698. ISBN 9781139498937.