نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق بین الملل، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Digital diplomacy has become a crucial instrument for advancing a nation's foreign policy, offering direct interaction and cooperation with foreign entities. Social media plays a pivotal role in achieving these objectives, facilitating rapid decision-making and action. This diplomacy transcends traditional boundaries, involving not only officials and diplomats but also individuals and groups worldwide.
A primary advantage of digital diplomacy is its ability to strengthen and facilitate bilateral communication, fostering connections between nations and societies. In contrast to classical diplomacy, which was limited to official interactions, social media empowers diplomats and heads of state to expand their diplomatic reach and engage with a broader audience. This has elevated the status of non-state actors in the diplomatic arena and enabled global discussions on various issues.
The proliferation of digital communication has significantly impacted the formation of international law norms, necessitating a revised approach to international law sources, particularly customary rules. In the contemporary international law system, public statements made by government officials on social media can be considered as government practice (material element of custom) or evidence of legal belief (spiritual element of custom), provided certain conditions are met.
The digital realm has presented unique opportunities to re-examine the classical approach to compiling and developing sources of international law, especially regarding the proof of international customary rules. With respect to the material element of custom, the focus has shifted from solely physical actions to include any official government action, encompassing heads of state, government heads, foreign ministers, and other government officials. The spiritual element, belief in enforceability, can be verified through various government actions, such as statements, treaty accessions, multilateral conference statements, diplomatic statements, and international correspondence, all of which align with digital diplomacy.
While there is no definitive framework for what constitutes government practice or evidence of legal opinion, the International Law Commission's report offers a broad range of possibilities, including official statements and public statements made by governments. However, not all statements can be considered as government practice or endorsements. Such statements must be public, consistent, general, continuous, and clear to be recognized as government practice or evidence of legal belief. Therefore, social media statements can potentially be considered as both government practice and legal opinion.
The evidence base for customary international law is extensive and adaptable to government activity on social media. Statements made by heads of state in public speeches can serve as examples of government practice or evidence of legal opinion. Similarly, social media statements, if public, can be considered as potential elements in the formation of customary international law. The recognition of social media as a new form of communication and its role in public diplomacy and digital diplomacy necessitate a flexible approach to international law, which should not be indifferent to government communication through these channels. The customary law system must embrace government actions in the virtual space to formulate and develop laws, improve relations, and promote sustainable peace and security.
One of the most significant challenges is the failure of government officials to adopt a transparent and interactive approach to using digital tools. Governments often underutilize the full potential of digital platforms, limiting their use to specific aspects or fields.
کلیدواژهها [English]
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