Chapter 7 Intergovernmental Organizations (IGOs), Nongovernmental Organizations (NGOs), and International Law

Theoretical Perspectives Liberalism and Constructivism: IGOs, NGOs, and International law matter in international politics Liberals: do not replace states as primary actors; provide alternative venues for states to engage in collective action, for individuals to join with others in pursuit of common goals Constructivism: changing norms and institutions shape issues Realism: skeptical of IGOs, NGOs, and international law Anarchy in international system; states are forced to act in own self-interest, rely on self-help mechanisms IGOs are controlled by states; states prefer weak organizations States grant NGOs legal authority, and can take away that authority; not really independent actors States comply with international law when it’s in their self-interest to comply Skeptical of long-term gains to be achieved; doubt collective action is possible; states will not rely on collectivity to protect national interests Radicalism: also skeptical IGOs, NGOs, int’l law serve interests of dominant states

IGOs: Various Theories Why do states organize collectively? Federalism War caused by states exercising sovereignty; military competition among sovereign states Peace attainable if states give up sovereignty, invest it in federal body Functionalism War caused by economic deprivation and disparity Build and expand habits of cooperation Habit of cooperation will spill over into cooperation in political and military affairs Collective Goods Tragedy of the commons = individual rational attempts to maximize private gain leads to collective suffering and eventually individual suffering Collective goods – market mechanisms break down; alternative forms of management necessary Solutions: coercion; restructure preferences through rewards and punishments; alter size of group

Roles of IGOs (Table 7.1, 168) International system Contribute to habits of cooperation Engage in information-gathering, surveillance Aid in dispute settlement Conduct activities Arena for bargaining Lead to creation of international regimes (rules, norms, and procedures developed by states and international organizations out of common concerns used to organize common activities) States Instrument of foreign policy Legitimize foreign policy Enhance information Punish states; constrain state behavior Individuals Socialize them in international norms Educate individuals about national similarities, differences

United Nations (UN): Principles Sovereign equality among member states; legal equality; one vote per state in General Assembly Yet, veto power among five permanent members of Security Council (China, France, Russia, UK, US) Weighted voting in budget negotiations in WB and IMF Only international problems within jurisdiction of UN Charter does not authorize intervention in domestic jurisdiction of any state Distinction has weakened over time (due to globalization and increasing interdependence, issues (e.g., human rights, civil wars) increasingly viewed as international issues) Primary aim to maintain international peace and security States should refrain from threat or use of force, settle disputes peacefully, support enforcement Notions of security have moved beyond traditional realist view (protection of national security) to include human security, which runs up against state sovereignty

United Nations (UN): Structure Security Council – responsible for ensuring peace and security and deciding enforcement measures Handicapped by Cold War and use of veto by US and USSR More active post-cold war; increasing power relative to Assembly General Assembly – debates any topic within charter’s purview; admits states; elects members to special bodies Bulk of work done in 6 committees Secretariat (headed by Secretary General) – gathers information; coordinates and conducts activities (chief administrative officer; spokesperson) Power largely dependent on occupant (influential, activist Kofi Annan; less so Ban-Ki-Moon) Economic and Social Council (ECOSOC) – coordinates economic and social welfare programs, actions of specialized agencies (WHO, UNESCO) Trusteeship Council – oversaw decolonization processes

United Nations (UN): Key Issues North-South conflict Peacekeeping Traditional peacekeeping = primary mode during Cold War; contain interstate conflict through third-party military force; prevent escalation; separate warring parties; troops invited in by disputants; establish buffer zone (Table 7.4, 176) Complex peacekeeping = more recent development, post-Cold War; response to interstate and intrastate conflicts (civil wars, ethnonationalist conflicts) in states that have not requested UN assistance; broad range of military and non-military functions (nation-building) (Table 7.5, 177); successes (Namibia) and failures (Rwanda) Enforcement and Chapter VII (US invasion/occupation of Iraq (2003) without UN approval) Reform issues: amending the charter (requires 2/3 of members and 5 permanent member of SC); security council reform (highly controversial)

European Union (EU) Premier regional IGO (Tables 7.7, 7.8, 184-5) EU = union of 27 European states designed originally in the 1950s for economic integration; has since expanded into a closer political and economic unit 500 million people EU passport 13.4 trillion dollar economy Many (13) using common currency (euro) Ongoing tension within between support for economic and political cooperation and concern for diminution of national sovereignty Principle institutions include European Commission, Council of Ministers, European Parliament, European Council, Economic and Social Committee, and European Court of Justice Has moved progressively into more policy areas; conflicts have emerged over foreign policy issues and expansion

NGOs Nongovernmental organizations = private associations of individuals or groups that engage in political, economic, or social activities usually across national borders Diverse in organization/scope (local, national, transnational); support base (private, part government-sponsored); membership (mass, closed) Increasing influence and numbers Issues seen as increasingly global (require transnational and intergovernmental cooperation) Global conferences (global networks) Ending of Cold War (political openings) Communications revolution Various functions/roles Advocates for policies Channels for participation Mobilize mass publics Distribute critical assistance (in some instances, taking on roles of states) Monitoring function (e.g., human rights)

NGOs Rely on soft power: credible information, expertise, moral authority NGOs have resources, flexibility, independent donor bases, links with grassroots groups Usually politically independent Can participate at all levels Can influence state behavior Versatile Limits of NGOs Lack traditional forms of power Do not have military or police forces Cannot command obedience Many have limited economic resources

International Law International law = body of both rules and norms regulating interactions among states, between states and IGOs, and among IGOs, states, and individuals Purposes: set body of expectations, provide order, protect status quo, legitimate use of force by government to maintain order; mechanism for settling disputes, protecting states from each other; ethical and moral functions, aims to be fair and equitable and delineate what is socially and culturally desirable; norms demand obedience and compel behavior State level: established structures for making law and enforcing law; widespread compliance; punishment International system: no authoritative structures (no international executive, legislature, judiciary with compulsory jurisdiction)

International Law Variety of sources (Figure 7.1, 196) Custom Treaties (dominant source) Explicitly written agreements among states; legally binding) Authoritative bodies UN International Law Commission Courts International Court of Justice Relatively weak (hears few cases, noncompulsory jurisdiction; few major cases; states initiate proceedings) National and local courts (universal jurisdiction)

International Law New trend – expansion of international judiciary, motivated by idea of individual responsibility for war crimes and crimes against humanity Ad hoc tribunals (International Criminal Tribunals for Former Yugoslavia, Rwanda) International Criminal Court (ICC) (under UN auspices) Compulsory jurisdiction and jurisdiction over individuals (genocide, crimes against humanity, war crimes, and crimes of aggression) Seen as essential for establishing international law and enforcing individual accountability Others critical (US, China, India, Turkey) US has refused to sign treaty; might make military personnel or president subject to ICC jurisdiction US claims “exceptional” international responsibilities as hegemon should make its military and leaders immune from prosecution; infringes on US sovereignty

International Law With weak authoritative structures at international level (ICJ, ICC), why do most states obey international law most of the time? Liberal view: it is the right thing to do; states want to do what is right and moral; international law reflects what is right States benefit from doing what is right and moral; benefit from ordered world where there are expectations about other states’ behavior States want to be viewed positively, respected by world opinion; fear being labeled pariahs and losing face and prestige in international system If states choose not to follow international law, other members have recourse Diplomatic protests Reprisals Economic boycotts, embargoes Military force Realists emphasis self-help mechanisms; Liberals collective action and collective security