“To Lie Convincingly”: Legal Challenges at the Intersection of Diplomacy and Foreign Interference

Abstract

This article explores some of the legal challenges that arise in resolving disputes between diplomatic functions in an environment characterised by a growing desire of states to prevent foreign states from interfering in their internal affairs. In exposing some of the tensions involving diplomatic interference, the article suggests that diplomatic interference can be whatever the receiving state wishes it to be. It also proposes that states who enact protections against foreign interference are inter alia, perhaps unintentionally, closing the gaps between international and domestic law when it comes to what it means to “interfere” in a state’s internal affairs. The article closes by examining some law reforms that could be adopted by states to ensure that their legal regimes appropriately limit the risks of foreign interference and promote greater compliance by diplomatic staff.