PREFACE - Jovan Kurbalija

THE ROLE OF THE LEGAL ADVISER IN MODERN DIPLOMATIC SERVICES by Stanko Nick

The first part of Ambassador Stanko Nick’s contribution is dedicated to the main functions and duties of a legal adviser to the foreign ministry. These are varied: advising the foreign minister, participating in the conclusion and ratification of international treaties, taking part in the delegation of his country, participating in the activities of international fora, representing his government before national and international courts, assisting in the incorporation of international law into the internal legal system, and conducting academic and research activities. Ambassador Nick then turns his attention to the position of the legal adviser in the diplomatic service and the government. The higher the level of legal order and democracy in a particular society, the greater the influence of the legal adviser on his minister and government as a whole. Ambassador Nick stresses the importance of the legal adviser’s being allowed intellectual and organisational independence. The minister, instead of acting post-festum, should consult and involve his legal adviser in making decisions. He points out that the legal adviser has an important function in developing new codes of international law.