Chapter 7: Building Peace: Structures and Institutions of Cooperation 7-1: Identify the underlying challenges to cooperation in pursuit of security. 7-2: Explain the nature and forms of diplomacy. 7-3: Describe the nature and functions of international law. 7-4: Evaluate the nature and functions of international organizations. Though the benefits of cooperation seem compelling, achieving cooperation is often difficult even when it seems that coordinated action could improve conditions for all states. States find it difficult to agree to specific steps to enact cooperation on a range of issues where it would be beneficial. As noted in earlier, anarchy, the diversity of states and nonstate actors, and the complexity of world politics make achieving world politics difficult. In spite of these difficulties, states do work together to achieve cooperation through diplomacy, international law, and international organization. Establishing the institutions, norms, and rules for cooperation is incomplete and episodic • The anarchic nature, diversity, and complexity of world politics complicate cooperation. Forces Confront Somali Pirates in the Gulf of Aden How does the threat of piracy encourage countries to cooperate? Confiscated Conventional Weapons in the Gaza Strip Why is it so hard to control the possession of such weapons, and how do they affect conflict and security? The Nature and Role of Diplomacy Diplomacy, the art and practice of conducting negotiations between nations and is one of the oldest tools of international cooperation. Diplomacy is extremely common and examples are easy to find in recent events as states use communication and negotiation in pursuit of cooperation and conflict resolution. Diplomats are individuals who represent states or other organizations in diplomatic interactions. Diplomats include high ranking officials such as heads of state and foreign ministers, as well as ambassadors and lower-ranking personnel. The Nature and Role of Diplomacy A key foundation of diplomacy is diplomatic immunity codified in : The Vienna Conventions on Diplomatic Relations (1961). The Consular Relations (1963). diplomatic immunity allows states to sustain communication without fear for their diplomats’ safety. However, some state and non-state actors (such as terrorist groups) have targeted embassies in recent years. The Nature and Role of Diplomacy Diplomacy is the art and practice of conducting negotiations between nations. The art of diplomacy involves bargaining and negotiation. Bargaining normally suggests more competitive and conflictual diplomacy, whereas negotiation suggests more collaborative problem-solving. Normally, diplomacy involves both common interests and issues of conflict. Absent conflict, agreement would be easy, and absent common interests, there would be no source of agreement. The Nature and Role of Diplomacy In any set of negotiations, states have “resistance points;” i.e., the minimum they will accept. Between the two resistance points of states is the “settlement gap,” which is the difference between the minimum demands of each state. Many factors can affect the negotiation process, including both international and domestic factors. Diplomacy closes the gap in order to find an agreement. States use a variety of tools, ranging from the use of “carrots” and “sticks,” to linkage strategies, which tie different sets of issues together. The goal of diplomats is to find a “yes-able” solution: something to which both sides agree. The Nature and Role of Diplomacy Modern diplomatic practice dates to the development of the state system after the Peace of Westphalia (1648) and more especially to the early nineteenth-century European Congress of Vienna. The European system is the foundation for diplomatic practice today, though non-western cultures also had their own versions. Although early diplomacy was often secretive and handled by nobility and elites, by the early twentieth century diplomacy became more professionalized. Embassies and the diplomats who staffed them are central to communication between states. US Secretary of State Hillary Clinton and Other US Diplomats Meet with Pakistan’s Prime Minister Yousef Raza Gilani in October 2009 What issues might the United States and Pakistan be discussing? A US Marine and FBI investigator at the US Embassy in Tanzania after the Terrorist Bombing Attack in 1998 Why was the US embassy targeted here in Africa rather than a more populated country in Europe, and how might this affect the conduct of diplomacy? The Forms of Diplomacy • Improvements in communication and technology, however, have allowed states to connect more directly and frequently to bypass embassies. These advances have led to participate in: • Summit meetings- face-to-face meeting between leaders and their closest advisors are the most common and easier to arrange. • Multilateral diplomacy - (as opposed to bilateral diplomacy) involves more than three states at a time; typically many states are involved. Commonly used in arms control talks, trade issues, human rights, and the environment. The Forms of Diplomacy • Third-party diplomacy- Invited diplomatic intervention when the parties to a conflict seek a third party to resolve their dispute. Composed of four main types: Good office is the simplest form and simply provides a place for parties to meet. Mediation, the third party proposes possible solutions to the parties, but does not force negotiations on the parties. Arbitration, the participants present their views and agree to accept whatever settlement the third party determines to be in the best interests of the parties. Adjudication resembles a court proceeding in which the third party decides which of the two sides is “correct.” The Forms of Diplomacy • Track II diplomacy - Non-state actors are involved in diplomacy. Such diplomacy may include academics, nongovernmental organizations, specialists, etc. Track II diplomacy provides a way to explore solutions without being part of a formal process. • Conference diplomacy - Conferences bring together states, international organizations, academia and epistemic communities (networks of experts), NGOs, individuals, and others to address major issues. Such conferences address issues like land mines, women’s issues, population, human rights, and the environment. These conferences seek to create and sustain regimes to deal with difficult multilateral problems; in doing so they provide a forum for non-state actors to influence states. Vladimir Putin Being Interviewed by Larry King World leaders can take their issue stances directly to another country’s public, as Russian Prime Minister Vladimir Putin did in 2010 through an interview with CNN’s Larry King. What effect might this have on US-Russian relations? Mediating Peace in the Middle East Why do parties to a dispute sometimes need the help of a third party? U2 Lead Singer Bono with US President George W. Bush After They Attended a Meeting of Inter-American Development Bank to Discuss Poverty Relief in 2002 How can celebrities such as Bono contribute to diplomatic efforts to solve international problems? Settling Conflict: How Best to End a War Diplomacy is also used to end conflict. Usually ending in one of three ways: Stalemate - when the sides choose to stop fighting though neither has won Negotiated peace settlement - the two states can agree to a peace settlement Victory (tends to lead to a long-lasting peace) one side may win and impose its preferences on the other. “Peace Comes after Victory” The Nature of International Law • International law is the body of rules that binds states and other agents in world politics in their relations with one another. • When considering the nature of law, the first question to ask is whether or not international law is really law. • The anarchic nature of the world means that there are no central institutions to create, enforce, or interpret laws like those that exist in a domestic context. • Despite the absence of a central authority, liberals stress that international law contributes to order and note that most states follow most international norms most of the time. The Nature of International Law • Liberals have embraced law as a way to enhance security, while realists tend to doubt the effectiveness and desirability of international law. • Realists argue that rather than being law, this conformity of practice is really one of convenience that can be changed or ignored at will. • International law also lacks the shared values and principles often considered to be a part of law. • The great diversity in the international system has led to problems in enforcing any type of international law. The Sources of International Law In the absence of a formal international legislature that has the authority to pass laws that are binding on all nations, modern international law is based on: Article 38(1) of the International Court of Justice (the World Court) recognizes the sources of international law as international conventions (treaties), custom, general principles of law, and the writings of eminent jurists. Since 1946, and the birth of the United Nations, practices and decisions of international organizations are also considered a source of law. The Sources of International Law Sources of international law: Treaties – binding voluntary agreements between two or more states. • States cannot be forced to enter into treaties, or obligated to uphold them is a principle enshrined in the 1969 Vienna Convention on the Law of Treaties. • Thousands of treaties exist on a wide array of issues. The Sources of International Law Sources of international law: Custom - Customary practices are general practices of states that are accepted as law. This is the oldest form of law. • Though treaties are the most important contemporary source of law, historically most law depended on custom, “the general practice [of states] accepted as law.” • In essence, this source of law depends on the repeated actions of states that become treated as binding actions. The Sources of International Law Sources of international law: General principles - General principles of law are elements that appear almost universally in domestic legal systems. • For example, most states have laws barring murder and assault, principles respected internationally as well. Court decisions and writings of jurists - These may be decisions reached by international or domestic courts as well as writings by prominent scholars that define international law. • An example is the increasingly broad recognition of the principle of universal jurisdiction to try individuals who have violated certain international laws, even if they are from another country. The Sources of International Law Sources of international law: Decisions of international organizations - The charters of international organizations as well as the resolutions and decisions made by them may help to establish new norms as well as to provide evidence of existing norms. • Not officially recognized by the World Court • These institutions affect law in three ways: 1. They interpret and shape customary international law. 2. They contribute to the development of norms and laws through their decisions and recommendations. 3. They may enter into areas with poorly-defined legal standards to assert legal principles. France’s President Nicolas Sarkozy (R) and Afghanistan’s President Hamid Karzai Sign a Friendship and Cooperation Treaty in Paris on January 27, 2012 Why do states such as France and Afghanistan commit themselves to the obligations in treaties? The World Court in The Hague What are the possibilities and limitations for international law as a means to solve international problems? Compliance and Enforcement Most international law is entered into voluntarily. Most states uphold their obligations to most international laws most of the time. International law contributes to orderly and predictable patterns that help to guide behavior. Ex. Air Traffic control. Reciprocity leads most states to follow laws and conventions so others will be more likely to do so. Compliance and Enforcement Most states follow law most of the time, violations do occur. When they do, international law is enforced differently than domestic law. In the presence of anarchy, three main avenues for enforcement exist: National enforcement - the enforcement of international law through domestic legal systems that is quite common. For example, the U.S. Constitution declares that ratified treaties have the same status as any other law. Compliance and Enforcement Horizontal enforcement- Involves states punishing other states for the violation of international law through actions such as diplomatic protests or the imposition of sanctions, among other actions. Horizontal enforcement leads to uneven enforcement of the law and are often ineffective unless multilateral, coordinated actions are taken to punish a state that has violated law. Compliance and Enforcement Vertical enforcement- the enforcement of international law by international institutions. Most international institutions are limited to identifying and condemning violations, or authorizing member states to punish violators. International courts such as the World Court can also hear disputes between states that have agreed to have their cases heard (it lacks compulsory jurisdiction—states must agree to submit their disputes before it), but it cannot enforce its decisions on them. Most regional courts are similarly weak. The European Court of Justice can make authoritative decisions for EU member states. The World Trade Organization have judicial bodies to interpret and apply international law. South African Police Beat African Women with Clubs in Durban in 1959 In the face of the violence of apartheid, why did the United States wait until 1985 to apply sanctions? The World Court Meets in 2004 to Hear a Dispute between Palestinians and Israel What kinds of issues are most likely to come before the World Court? Why Do International Organizations Exist? The first question to address is why states in an anarchic world would create institutions that can limit their freedom of action. With well over 6,000 IOs in existence, numerous arguments seek to explain their existence and can be organized into power-based and problem-based explanations. Why Do International Organizations Exist? Power-based explanations- IOs are created by the most powerful states to reflect their interests. Realists emphasize state interests as the driving force behind IOs, while Marxist-based approaches stress the interests of economic elites and powerful capitalist states. These approaches suggest powerful states create IOs to control other states. Even liberals argue that powerful states may create IOs to provide benefits to themselves (such as stability) that also benefit other states. Less powerful states may embrace IOs as a way to constrain the actions of more powerful states. Why Do International Organizations Exist? Problem-based explanations - IO formation emphasizes the desire of states to come together to address problems that are better solved through collaborative actions rather than working alone. Cooperation in one or two areas may branch out into cooperation in other areas, establishing stronger international linkages and institutional connections. Problem-based approaches may also focus on transnational problems that cannot be addressed by the action of any one state acting alone (such as the environment or global health). Once IOs are created to address such problems, they may take on a life of their own. The Roles and Functions of IOs Together, power-based and problem-based explanations suggest a variety of roles for IOs: 1. They provide an instrument for states to advance their interests. 2. They serve as forums for communication and negotiation. 3. They provide a venue for the generation and dissemination of information and technical expertise. 4. They facilitate the development of patterns of behavior on issues and facilitate national and international linkages and networks. 5. They coordinate and pool resources to address common problems. 6. They contribute to the generation and institutionalization of norms and rules. Relatedly, they reduce uncertainty by enhancing communication and reducing incentives for cheating. 7. They serve to constrain state behavior and provide an avenue for punishment. The Roles and Functions of IOs Serve as instruments for states to advance their interests and influence other states to play the game of world politics according to the rules and interests of the powerful Coordinate and pool resources to address common problems Serve as forums for states to communicate, negotiate, and advance their interests, and may even provide support for bargaining and negotiation in third-party diplomacy Contribute to the generation of and institutionalization of norms and rules Generate and disseminate information and technical expertise Reduce uncertainty, enhance communication and interactions, and reduce the incentives for cheating in world politics Regularize interactions and habits of Constrain state behavior and behavior on issues, and facilitate national expand avenues for punishment and transnational linkages and networks that contribute even further to norms of procedure and behavior Types of International Organizations IOs can be categorized according to several criteria. First is to examine the scope—the range of issues addressed—and the membership—who is eligible to join. On scope, organizations may address a wide array of issues or may be more limited to a single primary issue. In terms of membership, states may allow any state to join (global) or restrict membership regionally. Types of International Organizations Combining these criteria leads to four ideal-type categories of IOs. 1. First are global, single-issue IOs, such as the International Monetary Fund. 2. Next are regional, single-issue IOs, such as the Andean Common Market. This type is quite common around the world. 3. The third type is the regional, multiple-issue organization, such as the European Union. 4. The final type is the global, multiple-issue organization, the best example of which is the United Nations. Types of International Organizations A second way to categorize IOs is the way in which they reach their decisions: Majority Rule- decisions are based on votes of their member states that are given equal weight. Some may require super-majorities, while others operate on a bare majority. Ex. The UN General Assembly operates on this principle. Weighted voting - factor (such as size, power, or wealth) determines how much the vote of any one state counts. Unit veto - decision rule gives some or all members the ability to block any decision. Ex. the UN Security Council that gives a veto to each of the five permanent members (the United States, Russia, China, France, and the United Kingdom—the P-5). A no vote from one of the P-5 blocks any UNSC action. Types of International Organizations Type I: Scope and Membership Global single-issue IOs Regional single-issue IOs Regional multiple-issue IOs Global multi-issue IOs Type II: Decision Process Majority Rule Weighted voting Unit veto The United Nations The UN is the most well-known general purpose, global organization in the world. It was preceded by the Concert of Europe (1815-1854) and the League of Nations. The UN was the successor to the League of Nations. Never succeeded in implementing collective security and proved unable to deal with aggression by Germany and Japan, leading to its collapse. Its foundations were laid during World War II. The UN Charter in San Francisco in 1945 was signed by 51 countries, and the UN entered formal existence in October 1945. The United Nations Like its predecessors, the UN would deal with peace and security. Unlike them, however, it also adopted broader principles and recognized the sovereign equality of all states. The UN is a universal IO that has grown from the original 51 to 193 member states. The rise in membership is a result of decolonization of Africa, Asia, and the Middle East as well as the emergence of independent states from the former Soviet Union and eastern/central Europe. UN headquarters are in New York, but it has major offices in Geneva (Switzerland), Vienna (Austria), and Nairobi (Kenya) as well as regional commissions and specialized agencies throughout the world. The United Nations Historical foundation Established in 1945 Concert of Europe The League of Nations Enter the United Nations Main purposes are peace and security, the development of friendly relations and harmony among nations, and cooperation on international problems The League of Nations Meets to Consider German Rearmament in 1935 Why did the League of Nations fail to check aggression before World War II? Could a different organization have stopped it? Copyright © 2014 Cengage Learning 48 Members of the Concert of Europe Argue over a Map of Europe How do you think the exclusion of minor powers affected the Concert of Europe? The United Nations The Structure of the United Nations The UN is composed of six principal organs as well as a number of funds, programs, specialized agencies, and commissions. The six principle organs are: 1. 2. 3. 4. 5. 6. The UN General Assembly (UNGA) The United Nations Security Council The Secretariat The Economic and Social Council The Trusteeship Council The International Court of Justice The United Nations The Structure of the United Nations The UN General Assembly (UNGA) - operates on the one nation, one vote principle and may discuss any issue under the charter. Operates year round / formal session each September. The United Nations Security Council - Deals with threats to international peace and security and can authorize the use of force. Five permanent members and ten members elected to two-year terms. Can meet any time The Secretariat - The bureaucratic arm of the UN led by the Secretary General. The Secretary General is elected to a fiveyear term and has some budgetary discussion. Can call special sessions and is supposed to be impartial. Staffed by 45000 individuals around the world The United Nations The Structure of the United Nations The Economic and Social Council - The ECOSOC is made up of 54 members elected to three-year terms and deals with social, economic and cultural issues. This is the largest part of the UN in terms of budget (70%) and staffing, as it has many subsidiary commissions and specialized agencies, including groups such as the World Health Organization. The Trusteeship Council - Designed to aid colonies in the transition to statehood. No longer functions. The International Court of Justice - The World Court is made up of 15 jurists elected to 9-year terms by the UNGA and UNSC. No two members can be from the same country. It can only hear cases when all parties agree to bring a dispute before it. The UN General Assembly Meets in 2011 The UNGA is the most representative body in the world, but it is also very limited in its authority. Why do you think that is the case? Copyright © 2014 Cengage Learning 53 The UN Security Council Votes to Support the Newly Established Libyan Government in 2012 How do you think the possession of the veto by the United States, France, Russia, United Kingdom, and China affects the UN Security Council? The United Nations in New York What do you think are the UN’s primary contributions in world politics? UN Secretary-General Ban Kimoon Speaking at the UN Climate Summit in Copenhagen, 2009 How can the leader of an international organization affect the decisions of the leaders of states? The US and Soviet Ambassadors to the UN Face Off in the UN Security Council over the Soviet Placement of Missiles in Cuba in 1962 How might major-power agreement and disagreement affect the role and impact of the UN Security Council? The United Nations It is important to note the range and extent of specialized agencies that are part of the UN system that pool resources and expertise across an incredible array of issue areas. Also, through ECOSOC and the Secretariat, thousands of nongovernmental organizations concerned with virtually every issue imaginable are connected to the UN and its various components. The United Nations The UN’s effectiveness is often hampered by the same three challenges that affect other aspects of world politics. 1. Due to anarchy, it depends on the willingness of its members to support its actions. 2. Diversity means that it deals with an array of issues for member states who often have divergent perspectives on what the UN should be doing. 3. Finally, the issues with which the UN deals are incredibly complex and complicated. The United Nations The UN has made contributions to peace and security, but it has largely struggled to contain and resolve conflicts both during the Cold War and after. The UN’s biggest impact has come in areas that were originally deemed secondary, such as fighting diseases, protecting the environment, caring for refugees, and promoting human rights. The UN’s economic agencies have also helped to build and facilitate economic interdependence and cooperation. compulsory jurisdiction in international law, the condition in which parties to a dispute must submit the case to a court. Concert of Europe (1815–1854) a multilateral organization composed of Great Britain, Russia, Austria, Prussia, and France to promote stability, cooperation, and multilateral diplomacy. conference diplomacy large diplomatic meetings of many officials from states, international organizations, nongovernmental organizations, academia, and other non-state actors. custom the general practice of states accepted as law; a source of international law. diplomacy the art and practice of conducting negotiations between nations. diplomats individuals occupying positions in the foreign policy establishments of states or the management of other organizations who represent and negotiate on behalf of their country or employer. epistemic communities networks of experts who bring their knowledge and expertise to the political arena to help policymakers understand problems, generate possible solutions, and evaluate policy success or failure. horizontal enforcement those measures that states themselves can take when a state violates an international law and other states can attempt to punish the violator themselves International Court of Justice also known as the World Court, this international institution was created in 1946 as part of the United Nations systems to apply international law to resolve conflicts brought voluntarily to it by states. international law a body of rules that binds states and other agents in world politics in their relations with one another Law of the Sea Convention a treaty that first went into force in 1982 and then was revised in 1994; 161 states are parties to this treaty that sets rules for the use and protection of the high seas and its resources. League of Nations an international institution created after World War I for collective security and the resolution of disputes between states. linkage strategy in diplomacy, the strategy of connecting solutions on one issue to proposals on another to facilitate agreement. majority rule in international organizations, a decision process that relies on voting with one vote per member, in which gaining a majority of the votes prevails. multilateral diplomacy diplomacy involving more than three states at a time; typically many states are involved. National Enforcement states enforce some international law through their own national legal systems P-5 the five permanent members of the UN Security Council— the United States, Britain, France, China, and Russia—each of which holds veto power. reciprocity in international law, the principle that a state follows international law so that others will do so in return. settlement gap the difference between the minimal preferences of two parties to a negotiation. summit meetings diplomatic meetings involving the top officials of their respective states (hence “the summit”). third–party diplomacy the engagement of an outside party in the negotiations between the actual parties to a dispute to facilitate a resolution of the disagreement. track II diplomacy the activities and involvement of private individuals, nongovernmental organizations such as civil society organizations, and religious and business leaders in dialogue and negotiation to facilitate conflict resolution. Treaty formal, written agreements among states. United Nations an international institution established after World War II to promote peace and security, the development of friendly relations and harmony among nations, and cooperation on international problems. United Nations General Assembly the plenary body of the UN in which all UN members have a seat. Functioning on a majority rule decision process, it is the central forum for discussion of global issues. United Nations Secretariat the bureaucracy and administrative arm of the UN. United Nations Secretary-General the head of the UN Secretariat, the UN’s administrative leader elected by the UNGA at the recommendation of the UNSC. United Nations Security Council a fifteen-member council that carries the primary UN responsibilities for peace, security, and collective security operations. unit veto in international organizations a decision rule in which some or all members can block decisions with their votes: in a pure unit veto decision rule every member exercises a veto; in a modified unit veto, only some members have the veto power. universal jurisdiction emerging principle of international law asserting that states themselves can prosecute violators of certain international laws even if the alleged violator is from another country. vertical enforcement the enforcement of international law by international institutions. Vienna Convention on the Law of Treaties a 1969 agreement among states defining the nature and obligations regarding treaties under international law. weighted voting in international organizations, a decision rule in which member votes are weighted according to some factor related to size, power, or wealth. International Court of Justice: (http://www.icj- cij.org/).Homepage of the International Court of Justice. United Nations: (http://www.un.org/en/aboutun/index.shtml). Basic information about the United Nations. United Nations: (http://www.undispatch.com/). Blog that follows activity at the United Nations, including news updates and analysis. U.S. State Dept.: (http://www.state.gov/s/l/treaty/tif/index.htm). List of all treaties to which the United States is a party.
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