Chapter 7

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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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)

8. 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

9. 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)

10. 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

11. 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)

12. 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)

13. 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

14. 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