Lawyers and Diplomats: Some Personal Observations
Bodde, William Jr. (1983). "Lawyers and Diplomats: Some Personal Observations". Northwestern Journal of International Law & Business. 5 (40): 40–45. ISSN 0196-3228.
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Abstract: The article "Lawyers and Diplomats: Some Personal Observations" by William Jr. Bodde, published in the "Northwestern Journal of International Law & Business" (Volume 5, Issue 1, Spring 1983), discusses the intersection of law and diplomacy through the author's personal experiences and observations.
Bodde explores the role of lawyers in international agreements and the impact of their approach, juxtaposing it with that of diplomats. He emphasizes the lawyer-contractual approach, which attempts to create comprehensive legal frameworks for international agreements, such as the Compact of Free Association. This approach is rooted in legal traditions, focusing on detailed contractual obligations and dispute resolution mechanisms. However, Bodde notes that the complexity of such legal documents can pose challenges for political leaders, both in gaining public approval and in navigating legislative scrutiny.
Conversely, Bodde describes a consensus-based approach, often favored in diplomacy, particularly in Pacific Island nations. This method involves cooperative negotiation to reconcile differences and seek mutually satisfactory agreements, as demonstrated in the negotiations between the United States and Fiji. In this context, legal considerations support but do not dominate the diplomatic process.
The article ultimately argues for a balanced integration of legal rigor and diplomatic flexibility, suggesting that a creative tension between these two value systems can lead to durable international agreements. Lawyers ensure compliance with international law, while diplomats focus on the political balance of interests crucial for the agreement's sustainability.
Extra details:
MAG: 30631849 OpenAlex: W30631849 CorpusID: 150696959
