INTERNATIONAL GOVERNANCE & LAW

POLS90023 International Governance and Law 2012

Briefing Papers — Details

POLS90023 International Governance and Law

Briefing Papers — Topic Scenarios

POLS90023 SAMPLE BRIEFING PAPER ONLY

Please note that this sample is based on a 2011 briefing paper topic, a shorter word length and a requirement to omit references. In 2012, you have a longer word limit (1,000) and footnoted references are allowed (but not included in the word count).

ATTENTION: Trygve Lie, United Nations Secretary-General

RE: MAJOR POWERS STRATEGY

BACKGROUND 

The United Nations’ first twelve months built on unprecedented international cooperation after World War II.  The UN Charter provides the foundation for international peace and stability by enshrining important principles such as sovereignty, non-use of force and non-intervention (Article 2).  However, this foundation is embryonic. To secure the UN’s future, a ‘major powers strategy’ is proposed.

The strategy should retain the interest and commitment of the five permanent members of the UN Security Council (UNSC), namely the United States, Russia, China, United Kingdom and France. The UN should be the central forum through which all states, particularly these major powers, maintain international peace and security.

The strategy would draw on the UN Charter as well as lessons from the past, including lessons from the failure of the League of Nations, to emphasise the central role and interest major powers have in preventing a third world war.

OPTIONS FOR CONSIDERATION 

1)   Lie should address the UNSC and make an argument that focuses on the prohibition against the use of force by members under the UN Charter except in individual and collective self-defence and UNSC authorised military action (Articles 2(4) and 51). This option emphasises the importance of the new rules-based system for the international community. It protects state sovereignty, including of the major powers, by limiting the use of force to defence of that sovereignty. War is rendered a matter of a last resort.  This option highlights some important norms and principles of the UN Charter, but the major powers may not be particularly moved to demonstrate greater commitment to the UN Charter, since they are likely to – at least implicitly – wish to retain the right to threaten or use force in certain situations.)  It is also difficult to enforce the ‘non-use of force’ principle without the support of the major powers.

2)      Highlight the principles of sovereign equality and non-interference under the UN Charter (Articles 2(1) and 2(7) respectively).  Equality of state sovereignty is embodied in equal membership and voting in the General Assembly. The non-interference principle reinforces the principle of sovereignty and upholds stability in inter-state relations. However, the major powers consider themselves ‘more equal’ than other states due to their greater relative military, political and economic powers (particularly in regard to the US). Also, non-interference should not be allowed to permit another Holocaust. While the principles relating to sovereign equality are valuable, they do not sufficiently account for the international community’s reliance on the superior capacity of the major powers to resolve international security issues, which necessarily challenges absolute notions of state sovereignty and non-interference.  Thus, the major powers should appreciate recognition of their influence and responsibilities.  While this option is likely to be relatively convincing it is unclear whether the major powers would be likely to demonstrate greater interest in and commitment to the UN merely on the basis of an appeal to their responsibilities and central role.

3)      Emphasise the primary role of the UNSC, and particularly the veto of each major power, at the centre of the UN. This reflects the primacy of the major powers in an organisation with universal membership. The UNSC has primary responsibility to resolve disputes over threats or breaches of peace and acts of aggression under Chapter 7 of the Charter. At the same time, the UNSC may employ measures short of force (such as economic sanctions) while building a majority consensus to address problems in international security. This builds a stable security apparatus for the major powers because they have a mutual stake in its success (unlike the inter-war years which were characterised by the absence of the US in the League of Nations). Stability is important given that World War II was characterised by aggressive war. Again, this option appeals to the central role of major powers, although it still depends on their sense of responsibility and interest in international stability.

RECOMMENDATION(S)

The strategy of appealing to major powers by emphasising the central norms and principles of the UN Charter should engender their confidence in the UN’s mandate to maintain international peace and security.  Options 1 and 2 form part of this strategy because they demonstrate that the UN is an important rules-based framework for relations between states, and that the Charter can be an important basis for international peace and stability. However, Option 3 is recommended because the major powers are at the centre of that framework through the powerful UNSC, and are thus most likely to be motivated by the strategy of emphasising their central roles as veto powers.

SOLUTION

ATTENTION: Pascal Lamy – Director General, WTO

RE: WORLD TRADE ORGANIZATION – ACCOUNTABILITY FOR GLOBAL GOVERNANCE.

BACKGROUND:

ü  The world trade organization is the structure of global trade governance formed mainly with the aim to free global market.

ü  It intends to supervise and liberalize the international trade by resolving issues between the trading blocks, countries which have agreements amongst themselves and maintain a common tariff rate.

ü  It was established with stronger capacity to enforce rules than its predecessor GATT[1].

ü  WTO was held accountable for free trade between the nations internationally, but this stronger capacity of the organization is argued to be influenced by the developed countries at the expense of poor farmers of the developing countries.

ü  The argument here is that the struggle over the accountability of WTO is embedded in two debates namely the globalization, and the expansion of the multilateral trading system[2].

ü  We all understand that this organization was formed to meet the global needs of all its member countries but the functionality and the way the institution is run has been criticized. Fresh debates arose with the initiation of the WTO on the issue of free trade.

ü  The organization could not deliver all it had promised for, developing countries still have the issue to reach or participate in the agreement with the existing paradigm[3], and they are under-represented in the decision making processes. Rather than benefitting from WTO, the developing countries have suffered and protested against the policies of WTO.

ü  The undersigned NGO’s protest against the imbalances in the governance of WTO and urge for a meaningful progress on key substantial issues. NGOs and the other civil societies have been campaigning and protesting against the different meeting and negotiation of WTO has they feel that these decisions have been influenced by the developed countries.

OPTIONS TO CONSIDER:

ü  The NGOs argued that in reality for the past 5 years WTO has been contributing for the development and at the advantage of the developed countries due which the under developed and developing counties have been effected.

ü  Lack of Internal transparency and imbalances in the WTO system prevent the developing countries in adequately participating in the negotiation and decision making process.

ü  The fall of WTO talks at Cancun were no doubt termed to be a great victory of global justice but the reality for the success is the revolt of the G23 nations (the developing countries). These talks were defeated with the suicide of many Korean farmers stating that this issue was a life and death issue[4], and also the continuous protest on the streets by the NGOs and all the members of the developing countries were also the reasons for the same.

ü  The protest against the 6^th Ministerial conference held in Hong Kong by the anti-globalization protesters and NGOs, such that the aim of WTO in fair trade was substituted with the notion to promote trade liberalization was lobbied to regulate and manage trade.

ü  Informal size of the consensus building, the average member size of the developing countries in the WTO mission and the negotiations and open-end meetings which did not include the developing countries agitated the developing countries into protesting the policies and tariffs of WTO

ü  Lack of transparency in trade policies, which are left in the hands of the developed countries lack legitimacy. It is crucial to ensure that people affected by these policies such as farmers, women producers, parliamentarians, ordinary citizens have a say in these policies.

ü  Failure to engage the NGOs in decision making have resulted in protests which may develop suspicion and mistrust among public.

ü  Lack of Accountability of WTO in the decision-making of free trade because it is completely influenced by the developed countries. The developed countries make decisions in trade in a way the principle of preserving the equality of nation-states is affected.

ü  Protest against globalization and challenge of networking the three pillars of global governance leadership, efficiency, legitimacy.

ü  The intergovernmental status of WTO precludes the involvement of the civil societies and NGOs in global trade governance, thus limiting the citizens in their governance to promote the accountability of WTO.

RECOMMENDATIONS:

ü  Better Globalization i.e. better articulation of three pillars of global governance legitimacy, leadership and efficiency.

ü  Regulated constitutionalism and representation of sovereignty of member state such that WTO is made accountable for global governance.

ü  The WTO institutions should begin a dialogue with Civil Society representation with the objective of defining additional exceptions to the normal WTO rules where there are legitimate concerns of a nation state involved.

ü  Conflict resolution should be determined with larger group of members rather than the three trade experts. It should involve participation of all the persons from different background.

ü  There should be cooperation between the member states such that there is equity between member states, and also the policies and negotiations must be in a way that they are for the interest of everyone.

ü  Comprehensive and in-depth review and assessment of the existing WTO agreement on marginalized communities, democracy, development, environment[5] etc.

ü  Trade liberalization in such a way that the poor is benefited by the lower cost of the consumer goods, augmenting opportunities for employment, and greater freedom to entrepreneurs.

ü  Improvisation in its level of transparency by developing the limited procedure of public consultation, and providing the qualified citizens access to its dispute settlement.

ü  Developing the conceptual framework in a way that there is public participation in everywhere required exclusively in the dispute settlement bodies.

ü  Maintaining transparency in the implementation of its rules in a way that all the members are given equal opportunity to participate in the decision making policy such that the developing countries adequately participate in international trade and negotiation.

ü  Rebalancing the policy making in a way that there are major benefits in multilateral trading system.

ü  Providing support to the developing countries and mostly the underdeveloped countries particularly in the conduct of national consultation.

ü  WTO should act decisively to protect the legitimacy and integrity in the multilateral trading system.

ü  WTO to maintain its accountability in the global governance should show its leadership and demonstrate its capacity in a way that it can accept the challenges it faces.

ü  WTO to prove its accountability in the global governance by regulating its rules and policies in a way that they are helpful in meeting the developmental needs and goals of under developed and developing countries such that they impact the economic activities of the local, national and global environment.

REFERENCE:

• Bonzon, Yves. (2008) “Institutionalizing Public Participation in WTO Decision-making: Come conceptual hurdles and avenues.” Journal of International Economic Law 11(4): 751–777.
• Brown, L. David. (2007) “Multiple social action and mutual accountability.” In Global Accountabilities: Participation, Pluralism, and Public Ethics. Eds. Alnoor Ebrahim and Edward Weisband, 89-111. Cambridge: Cambridge University Press.
• Drake, Anna, Civil Society and WTO Accountability, Queen’s University, 2011
• Cancun: The Collapse of the Neo-Liberal Offensive’ by Immanuel Wallerstein (October, 2003)
• ‘WTO Collapses in Cancun: Autopsy of a Fiasco Foretold’ by John Ross, www.counterpunch.org
• ‘Poor Countries Set a Precedent for How to Beat Impositions by the Wealthy Countries’ by Al Giordano, www.narconews.com/Issue31/article872.html
• ‘Victory in Cancun’ by Kevin Danaher, September 18th 2003, www.globalexchange.org/campaigns/wto/1062.html
• ‘Postcard from Cancun’ by Christian Parenti
• Williams, Marc, The WTO Civil Society and Accountability, 2008; http://www.buildingglobaldemocracy.org/content/wto-civil-society-and-accountability
• CFACT, WTO meet sparks protests, debate over free trade, 2006; http://www.cfact.org/a/828/WTO-meet-sparks-protests-debate-over-free-trade
• Ryan Ramor, The Battle of Cancun, Anatomy of an unexpected victory, 2003; http://www.daysofdissent.org.uk/cancun.htm
• Woods, Ngaire and Narlikar, Amrita, Governance and the limits of accountability: the WTO, the IMF and the World Bank, International Social Science Journal, N0. 170, 2001; http://www.globaleconomicgovernance.org/wp-content/uploads/governance%20and%20wto.PDF
• Open Letter on Institutional Reforms in the WTO, 2001; http://ciel.org/Publications/Reform.pdf
• Khor Martin, Third World NGOs Fight Against WTO New Round, Third World Network, 1999; http://www.twnside.org.sg/title/doa15-cn.htm
• Alqadhafi, Saif Al-Islam, Reforming the WTO: Toward More Democratic Governance and Decision-Making; http://www.wto.org/english/forums_e/ngo_e/posp67_gaddafi_found_e.pdf
• Sally Razeen, Developing Country Trade Policy Reform and The WTO, Cato Journal, Vol. 19 No. 3, 2000; http://www.cato.org/pubs/journal/cj19n3/cj19n3-8.pdf

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[1] Woods, Ngaire and Amrita Narlikar, 2001, Governance and limit of accountability: the WTO, IMF and the World Bank

[2] William, Marc, 2008, The WTO, Civil Society and Accountability; http://www.buildingglobaldemocracy.org/content/wto-civil-society-and-accountability

[3] Witness, for example, the European Union’s recent decision to impose a 16.5% tariff on imports of leather shoes from China for two years, announced 5 October, 2006.

[4] Ryan, Ramor, 2003, The Battle of Cancun, Anatomy of an unexpected victory. Here the writer has even given other references related to the Battle of Cancun as this battle was victorious and helped the developing countries to derail the policies of WTO influenced by the developed countries.

[5] Khor, Martin, 1999, The Third World NGOs Fight Against WTO New Round; http://www.twnside.org.sg/title/doa15-cn.htm

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