1. Global and Regional Governance Chapter 6

2. International Law A core international institution that states created – A set of norms, rules, and practices – Fashioned to achieve international social goals such as peace, order, coexistence, justice, human development Has specific historical roots that explain the shape and extent of international law

3. International Order and Institutions War is a crude way for states to ensure their security and interests States have worked to build another way to resolve disputes Key difference between international institutions and international organizations – Institutions are sets of norms and principles that influence state expectations – Organizations are physical creations with staffs, buildings, operating procedures, and so on

4. Three Kinds of International Institutions Deep constitutional institutions – Example: Principle of sovereignty; defines the terms of legitimate statehood, the basis for international politics Fundamental institutions – Provide basic rules and practices – States and other actors invoke and employ when they have common ends – Examples: International law and multilateralism Issue-specific institutions or regimes – Examples: Nuclear Nonproliferation Treaty (NPT), North Atlantic Fisheries Organization (NAFO)

5. States Create International Law Through Multilateral Diplomacy Cooperation among three or more states Goal is to formulate binding rules of conduct for all Assumption is that states will abide by the rules because they consented to them If a state has not explicitly consented, then customary behavior is a form of implied consent, and is binding

6. Criticisms of International Law International law is a Western European idea – Developed from Greek and Roman law Christian norms and mores Sixteenth- and seventeenth-century European ideas of natural law – Modern international law contains European concepts of “proper” behavior within and between societies, a standard that non-European societies might not embrace UN organs continue European dominance over global system

7. From International to Supranational Law? Until recently international law was designed to facilitate international order States were the primary subjects of international law, the primary possessors of rights and obligations – Example: 1933 Montevideo Convention on the Rights and Duties of States establishes the “state as a person of international law” States were the agents of international law – Only states could create and enforce international law – Component of state practice, not the legislation of a community of humankind Concerned with the regulation of interstate relations, and had no bearing on domestic behaviors Scope of international law was confined to questions of order not justice, not the protection of human rights

8. Global Governance Trend in the Last Thirty Years States are still the basic unit of international law, but individuals, groups, and organizations are gaining standing as subjects of international law – Example: Human rights law and war crimes tribunals – Rwanda – Former Yugoslavia – Arrest in London of Augusto Pinochet, the former Chilean dictator Creation of a new International Criminal Court

9. Global Governance NGOs like the International Committee of the Red Cross are becoming important – Shaping the normative environment in which states are moved to codify specific legal rules – Providing information to states that encourages the redefinition of state interests and the convergence of policies across different states – Drafting international treaties and conventions

10. Global Governance International Law Becoming a Global Set of Regulations Intervention to enforce international norms of behavior within states Globalization has created the need for – International trade law – International environmental law Result is the growing tendency of national courts to draw on precepts of international law in their rulings New definitions of international order that include humanitarian law and global social justice

11. A Brief History of the United Nations and Its Principal Organs

12. UN Organization Began operations October 24, 1945 with fifty-one countries Original member-states had fought against Italy, Germany, and Japan An improved League of Nations Collective security organization – Stag hunt in Jean-Jacques Rousseau’s Origins of Inequality – An offense by one brings response from all 192 member states in 2010 Notable nonmembers include – Non-self-governing territories: Western Sahara and Kosovo – Taiwan, which China claims as a territory – Nonmembers with observer status: Palestine and Vatican City

14. UN Member State Obligations and Rights Member states agreed to accept the obligations of the United Nations Charter – To maintain international peace and security – To develop friendly relations among nations – To cooperate in solving international problems and in promoting respect for human rights – To be a center for harmonizing the actions of nations All member states have the same voting rights and other privileges on the basis of sovereign equality

15. UN Security Council Organ with primary responsibility for maintaining international peace and security Comprised of initially of eleven states until 1965, when expanded to fifteen states Includes five permanent members (the “P-5”): United States, Britain, France, Russia (former USSR), and China; ten nonpermanent members

16. UN Security Council P-5 Veto Power Seen as an improvement of the League of Nations The convention emerged that abstention by a permanent member is not regarded as a veto Security Council decisions are binding and only pass with a majority of nine out of the fifteen members; if one permanent member dissents, resolution cannot pass Veto resulted from the view that if the great powers were not given a privileged position, the UN would not work – Recognition of a state’s influence being proportional to its size and political and military power: A political realist notion – Defining feature of UN: Tension between power politics and universalist ideals

17. Security Council Processes Explores ways to settle disputes peacefully (Chapter VI, UN Charter) including guidelines for a settlement or mediation In the event of war, the Security Council tries to secure a ceasefire – May send a peacekeeping mission to help the parties maintain the truce and to keep opposing forces apart – Can also take measures to enforce its decisions under Chapter VII of the Charter, impose economic sanctions or order an arms embargo – Rarely, Security Council has authorized member states to use necessary means, including collective military action Makes recommendations to General Assembly on the appointment of a new secretary-general and new members to the UN

18. UN General Assembly “Parliament of nations”: All UN member states are represented in the General Assembly All resolutions are nonbinding on member states UN General Assembly discusses and makes recommendations each year on a wide variety of topics of international interest: migration, trade, human rights, and so on

19. UN General Assembly Procedures Each member state has one vote Two-thirds majority in the General Assembly required for decisions regarding: – International peace and security – Admission of new members – UN budget Simple majority is required for other matters All decisions are only nonbinding recommendations Exception: UN General Assembly’s Fifth Committee makes binding budget decisions

20. The Secretariat Conducts administrative work of the United Nations Secretary-general is the chief of Secretariat Consists of departments and offices with a total staff of 8,900 under the regular budget and a nearly equal number under special funding

21. The Secretariat: Functions Primarily bureaucratic, lacks the political power and the right to initiate action Carries out a number of research functions and some quasi-management functions Exception: Article 99 of the Charter permits secretary-general to bring situations that are likely to lead to a breakdown of international peace and security to the Security Council – Legal basis for the expansion of the diplomatic role of the secretary- general – Secretary-general is empowered to become involved in a large range of areas that can be loosely interpreted as threats to peace, including economic and social problems and humanitarian crises

22. The Economic and Social Council Reports to UN General Assembly Coordinates the economic and social work of the United Nations and the UN family of organizations Consults with NGOs, thereby maintaining a vital link between the United Nations and civil society Subsidiary bodies include functional commissions, such as the Commission on the Status of Women; regional commissions, such as the Economic Commission for Africa; and other bodies

23. The Economic and Social Council Oversees activities of the other institutions in UN system Specialized agencies: Self-contained, not subject to the management of the central system, have own budgets, constitutions World Health Organization (WHO) International Labor Organization (ILO)

24. The Economic and Social Council Programs and funds – Management is subject to direct General Assembly supervision, can be modified by Assembly resolution, and are largely funded on a voluntary basis – Since the establishment of the United Nations in 1945, a number of new issues have come on to the international agenda Examples: Rights and interests of women, climate change, resource depletion, population growth, terrorism, and the spread of HIV/AIDS Specific programs and funds » United Nations Development Program (UNDP) » United Nations Children’s Fund (UNICEF)

25. ECOSOC: Functionalism Liberal concept – States will cooperate in specific areas like a health pandemic – Successful cooperation will “spill over” or “ramify” into other policy areas Organizations were set up to deal with specific economic and social problems ECOSOC does not have management powers Can only issue recommendations and receive reports from the Specialized Agencies

26. The Trusteeship Council Intended to provide international supervision for eleven Trust Territories administered by seven member states Goal: Ensure that adequate steps were taken to prepare the territories for self-government or independence By 1994, all Trust Territories had attained self- government or independence, either as separate states or by joining neighboring independent countries Strategic Trust: United States’ special rules for Trust Territory of the Pacific Islands and Palau Now consists of the five permanent members of the Security Council, rules amended permit meetings when necessary

27. International Court of Justice Function Court decides disputes between countries Only states can bring cases before the ICJ Individuals have no standing; home state must act in their name

28. International Court of Justice Structure and Activities Fifteen judges elected jointly by the General Assembly and the Security Council States have voluntary participation in a proceeding, but if a state agrees to participate, it is obligated to comply with the Court’s decision Court also provides advisory opinions to other UN organs and Specialized Agencies

29. International Court of Justice Limits to Effectiveness Competence, or jurisdiction Compulsory jurisdiction – “Option clause” problem – States party to the ICJ statue are bound by compulsory jurisdiction only if they agree to it State reservations results from the “option clause” problem – State can permit its compulsory jurisdiction to lapse – State can refuse to accept the ICJ jurisdiction if the state claims that its own existing national law covers the issue before the courts

30. United Nations: International Peace and Security

31. Background to Contemporary Situation Performance of the United Nations in peace and security has been shaped by global politics – Changes in international society since 1945 – Cold War use of veto power 193 substantive vetoes from 1945 to 1990 19 substantive vetoes from 1990 to 2007 – UN Charter and the UN standing army

32. Typology of UN Peacekeeping Security Council mandate for an agent to act on its behalf – Korean conflict in 1950: Uniting for Peace Resolution; Gulf War in 1990 Classical peacekeeping – UN force under UN command placed between the parties to a dispute after a ceasefire Weapons in self-defense; consent of the host state; no troops from the major powers – Not mentioned in UN Charter, but based on Chapter VI of UN Charter First used in 1956, when a UN force was sent to Egypt Other cases: Green Line in Cyprus, Golan Heights, Iraq–Iran War – Shortcoming: Warring parties must want peace

33. Post–Cold War Peacekeeping Peace Enforcement More likely to use force to achieve humanitarian ends Based on Chapter VII of the UN Charter: Civil wars as threat to international peace Key problem: Peacekeepers have difficulty remaining neutral and have been targeted by belligerents Examples: Somalia in the early 1990s, former Yugoslavia in the mid-1990s

34. An Agenda for Peace (1992) Commissioned by Secretary-General Boutros Boutros-Ghali Interconnected roles for the UN to maintain peace and security in the post – Cold War context – Preventive diplomacy: Confidence-building measures, fact-finding, and preventive deployment of UN authorized forces – Peacemaking: Bring hostile parties to agreement, essentially through peaceful means – Peacekeeping – Post-conflict peace building: Develop the social, political, and economic infrastructure to prevent further violence and to consolidate peace – When all peaceful means have failed, peace enforcement authorized under Chapter VII of the UN Charter

35. UN Peacekeeping Operations Since 1991 In 1994, UN peacekeeping operations involved nearly 80,000 military personnel around the world, seven times the figure for 1990 In early 2010, the total number of peacekeeping personnel (military and police) in the UN’s fifteen ongoing peacekeeping operations was just over 82,000

36. Increased Attention to Conditions Within States More aggressive peacekeeping resulted from a greater preparedness to intervene within states – Challenged the traditional belief that states were sovereign domestically – Human security ideal was part of the change UN should address individual political and civil rights, as well as the right to basic provisions like food, water, health care, and accommodation Violations of individuals’ rights caused disturbances in relations between states

37. Intervention Within States Changes in international context (after 1960) brought pressure at UN to permit intervention in defense of human rights and security Result: UN General Assembly Resolution (A/RES/46/182): “The sovereignty, territorial integrity, and national unity of States must be fully respected in accordance with the Charter of the United Nations. In this context, humanitarian assistance should be provided with the consent of the affected country and in principle on the basis of an appeal by the affected country” Cases of sanctioned intervention remain limited Lack of agreement over when action is justified

38. Intervention: Why? For some states this intervention served a national foreign policy goal – Example: Canada and Norway Justified their contributions to peacekeeping as a moral course of action Enhanced national reputations of both – Example: Japan Moral pressure founded for contributions to defray the cost of British involvement in the 1990–1991 Gulf War Can be explained in terms of the synthesis of morality and interest – Reputation in the UN had become an important national good

39. UN and Emerging Threats Basis of new ideal: Civil conflict threatened global peace – Changes in the international environment End to the pattern of decolonization: Statehood privileged over justice Non-state-based threats have an increasingly prominent place on the UN security agenda. – UN document: A More Secure World: Our Shared Responsibility (2004) Emphasized the interconnected nature of security threats Development, security, and human rights are mutually reinforcing

40. UN Peacebuilding Commission Rationale for Commission – Product of the High Level Panel on Threats, Challenges, and Change in December 2004 and again in the Secretary-General’s report In Larger Freedom in March 2005 (UN 2005) – Belief: UN mechanisms are insufficient for needs of states emerging from conflict – Liberia, Haiti, and Somalia in the 1990s: Signed peace agreements, UN peacekeeping missions, but reverted to conflict

41. UN Peacebuilding Commission Mission and effects – Targeted support to countries in the volatile postconflict phase to prevent the recurrence of conflict – Integrated strategies and priorities for postconflict recovery – Indication of a growing trend at the UN to coordinate security and development programming

42. Intervention Within States Intervention: Deliberate incursion into a state without its consent by some outside agency to change the functioning, policies, and goals of its government and achieve effects that favor the intervening agency UN principle of sovereign equality meant intervention not permitted Historically states did intervene to protect interests: Britain, United States, USSR, France, Belgium, China, others

43. Economic and Social Questions Basis – Preamble of UN Charter Promote “social progress and better standards of life in larger freedom” Need to “employ international machinery for the promotion of the economic and social advancement of all peoples” – Conditions within states, including human rights, justice, development, and equality have a bearing on global peace – Globalization means that economic and social problems in one part of the world may impact other areas

44. Economic and Social Questions Action: Millennium Development Goals (MDGs) – 2000, UN Millennium Summit – Heads of state committed themselves to a series of measurable goals and targets – Goals for 2015 include reducing by half the number of people living on less than a dollar a day, achieving universal primary education, and reversing the spread of HIV/AIDS and malaria (A/55/L.2) – Limited, uneven progress on reaching the MDGs

45. The Reform Process of the United Nations Reasons for reform – Security Council composition and rules are outdated by emergence New great powers: India and Brazil Older powers: Japan and Germany – Global problems the need a more effective international approach than the current UN can provide

46. The Reform Process of the United Nations: Country Level Pressure on UN from NGOs in functional areas Resulted in UN Country Strategy Notes – Statements about the overall development process tailored to the specific needs of individual countries – Specialized Agencies, Programs and Funds, donors, and the host country involved Strengthening of the UN resident coordinator – UNDP employee – Responsible officer at the country level – More training for the person in this role

47. The Reform Process of the United Nations: Country Level Integrated Programs approach – Goal: End of UN interagency conflict – Improved communication facilities and information sharing – Activities of the various UN organizations consolidated in single locations or UN houses facilitating communication and collegiality – UN Millennium Development Goals framework encouraged a more coherent approach to development

48. The Reform Process of the United Nations: Headquarters Level Security Council: Logic of 1945 power makes less sense in 2010 – Does not reflect distribution of military or economic power or geographic balance – Economic status, nonaggression make strong cases for permanent membership for Germany and Japan – Developing countries have demanded more representation: South Africa, India, Egypt, Brazil, and Nigeria making particular claims – A European Union seat instead of Great Britain and France individually?

49. ECOSOC Reforms: 1990s Power to make final decisions on the activities of its subsidiary bodies and on other matters relating to system-wide coordination in economic, social, and related fields (A/50/227, para. 37) Integrate the work of ECOSOC functional commissions Eliminate duplication and overlap in the work of the functional commissions Greater capacity to convey field-level monitoring upward to the functional commissions

50. Other Intergovernmental Organizations

51. The International Criminal Court Created in 1998 In 2009 had 108 ratified member states Function – Conducts trials of individuals accused of war crimes, genocide, and crimes against humanity – Provides a way around protected diplomatic immunity status of national political leaders

52. Regional Organizations Growth of regionalism is a sign of both globalization and the attempts to regulate its effects Increased progress after the end of the Cold War Examples: EU, NAFTA, ASEAN, AU, OAS

53. The Process of European Integration European Coal and Steel Community 1951 (in force in 1952) European Economic Community and the European Atomic Energy Community in 1957 (in force in 1958) 1992 Treaty on European Union (the Maastricht Treaty, in force in 1993) – Integration process has also involved the adoption of stronger forms of unification, notably monetary union – Other forms of cooperation such as nonbinding coordination – Economic and employment policy – Intergovernmental cooperation in foreign and security policy

54. Explanations for the Integration Process Supranational approaches – Emergence of supranational institutions in Europe as a distinct feature turn these into the main object of analysis – Politics above the level of states regarded as the most significant Intergovernmental approaches – States are the most important aspect of the integration process – Should concentrate on the study of politics between and within states

55. Future of the EU Turkey? FSU, beyond? Increased membership might change the nature and direction of the integration process Enlarged EU, if not reformed substantially, would find it difficult to make decisions and maintain a reliable legal framework that led to several attempts to reform the treaties

56. The African Union 53 members as of 2012 Created in 1963 Goal: promote economic development and human rights

57. Organization of American States Created in 1890 35 members Became more effective after the end of the Cold War