1 International lecture13 Institutions Today’s Agenda

1
International
lecture13 Institutions
Today’s Agenda:
International Institutions (2)
• International Institutions for Liberal
Progress
• International Norms
• Transnational Action Networks
Louis Henkin
• “Almost all nations observe almost all
principles of international law and
almost all of their obligations almost all
of the time.”
• FLS4 471
International Institutions for Progress:
The World Health Organization
• Some international institutions (like the
World Health Organization) are nearuniversal, and generally successful,
though imperfect
The World Health Organization:
“WHO”
• Check it out!
• http://www.who.int/
• WHO says “We are the directing and
coordinating authority on international health
within the United Nations’ system.”
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
– shaping the research agenda and stimulating the
generation, translation and dissemination of valuable
knowledge;
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
– shaping the research agenda and stimulating the
generation, translation and dissemination of valuable
knowledge;
– setting norms and standards and promoting and
monitoring their implementation;
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
– shaping the research agenda and stimulating the
generation, translation and dissemination of valuable
knowledge;
– setting norms and standards and promoting and
monitoring their implementation;
– articulating ethical and evidence-based policy options;
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
– shaping the research agenda and stimulating the
generation, translation and dissemination of valuable
knowledge;
– setting norms and standards and promoting and
monitoring their implementation;
– articulating ethical and evidence-based policy options;
– providing technical support, catalysing change, and
building sustainable institutional capacity; and
“We do this by”
– providing leadership on matters critical to health and
engaging in partnerships where joint action is needed;
– shaping the research agenda and stimulating the
generation, translation and dissemination of valuable
knowledge;
– setting norms and standards and promoting and
monitoring their implementation;
– articulating ethical and evidence-based policy options;
– providing technical support, catalysing change, and
building sustainable institutional capacity; and
– monitoring the health situation and assessing health
trends.”
WHO does NOT have
• The power to tax
WHO does NOT have
• The power to tax
• The power to legislate
WHO does NOT have
• The power to tax
• The power to legislate
• The power to enforce
WHO is not
• A State
• Still less
• A Superstate
WHO IS
• A voluntary international institution
WHO Voluntary Membership—
Is Nearly Worldwide
Taiwan is a Problem—
search “WHO Taiwan” to find out why and how!
WHO History and Work
• Predecessor: International Sanitary
Conferences from 1851
• To stem the spread of cholera, plague,
and yellow fever
Creighton on Cholera
WHO History and Work
• Predecessor: International Sanitary
Conferences from 1851
• To stem the spread of cholera, plague,
and yellow fever
• And of smallpox

WHO History and Work
• Predecessor: International Sanitary
Conferences from 1851
• To stem the spread of cholera, plague,
and yellow fever
• Eradication of smallpox 1979
WHO History and Work
• Predecessor: International Sanitary
Conferences from 1851
• To stem the spread of cholera, plague,
and yellow fever
• Eradication of smallpox 1979
• Other targets: HIV/AIDS, polio, malaria,
tuberculosis, Ebola….
WHO History and Work
• Predecessor: International Sanitary
Conferences from 1851
• To stem the spread of cholera, plague,
and yellow fever
• Eradication of smallpox 1979
• Other targets: HIV/AIDS, polio, malaria,
tuberculosis, Ebola….
• And now “COVID-19”
WHO Characteristics
• Voluntary cooperation among and with
states and with other organizations like
the Red Cross
WHO Characteristics
• Voluntary cooperation among and with
states and with other organizations like
the Red Cross
• Recognizable global common interests
in that communicable diseases
recognize no national borders
WHO Characteristics
• Voluntary cooperation among and with
states and with other organizations like
the Red Cross
• Recognizable global common interests
in that communicable diseases
recognize no national borders
• “Health” a recognizable public good
(FLS4 p. 60)
Health as a Public Good
(FLS4 p. 60)
• “Nonexcludable”—if I have it, you can
still have it too
• “Nonrival”—No matter how much I
have of it, that doesn’t diminish the
amount available to you
Every epidemic or pandemic poses a “collective action
problem” (FLS4 p. 60)
• We all want the epidemic to end
Every epidemic or pandemic poses a “collective action
problem” (FLS4 p. 60)
• We all want the epidemic to end
• But who pays the cost and who gets a
“free ride”?
Every epidemic or pandemic poses a
“collective action problem” (FLS4 p. 60)
• We all want the epidemic to end
Every epidemic or pandemic poses a
“collective action problem” (FLS4 p. 60)
• We all want the epidemic to end
• But who pays the cost and who gets a
“free ride”?
Every epidemic or pandemic poses a
“collective action problem” (FLS4 p. 60)
• We all want the epidemic to end
• But who pays the cost and who gets a
“free ride”?
• Bordercrossing epidemics incentivize
the “privileged” to pay for others’ “free
ride”
Accordingly, WHO is generally
recognized
• As a successful international institution
• Because it usually has good answers to
collective action problems!
From WHO to Norms
• One of the activities of WHO is
– “setting norms and standards and
promoting and monitoring their
implementation;”
• But what are “norms”?
INTERNATIONAL NORMS
• What are norms?
–A norm is a proposed or ideal standard
of behavior
• “This is how good nations behave”
• “This is how good rulers act”
–From somebody’s perspective
INTERNATIONAL NORMS
• What are international norms?
–Proposed or ideal standards for
behavior of political actors in world
politics
INTERNATIONAL NORMS
• How do norms relate to laws?
– They may become laws by practice and custom,
or by treaty and codification
– Norms frequently precede laws, or changes in
laws
– But norms can exist and influence behavior
without codification as law
• “A good person does not lie.”
• “A good country does not bully the weak”
– Here we will only discuss those norms that are
not laws.
The Nuclear Taboo is a Norm
INTERNATIONAL NORMS
The Nuclear Taboo
• It is generally believed that nuclear
weapons should not be used, yet
there is no law against it.
• The “nuclear taboo” is a norm.
• Give it time, however, and this
norm could become customary or
treaty law. Or not.
INTERNATIONAL NORMS:
Struggles among norms
– International norms are subject to change
and dispute, and can contradict each
other.
– Identifying norms is difficult because they
are not always clear, and easiest to
observe when violated.
International Norms vs.
International Norms
• Sovereignty
–Vs. Right to Universal Empire (Persia,
Rome, the Caliphate, China)
• The idea that a state has the right to maintain
its territorial sovereignty contradicts the
ancient norm that places one country such
as Persia, Rome, China or the Islamic
Caliphate atop all others
International Norms vs.
International Norms
• Sovereignty
–Vs. NIMBY (Not In My Back Yard)
• The idea that a state has the right to maintain
its territorial sovereignty contradicts the
norm that a country like America or Russia
has the right to control its “backyard,” or
“near abroad,” or “hemisphere,” meaning its
neighbors
International Norms vs.
International Norms
• Sovereignty
–Vs. National Self-determination within
Multinational States and Empires
• The idea that a state has the right to maintain
its territorial sovereignty against
“separatists” or “secessionists” contradicts
the norm that national groups have a right to
self-determine their political status
International Norms vs.
International Norms
• Sovereignty
–Vs. R2P (Responsibility to Protect)
• The norm that a state has the right to
maintain its territorial sovereignty
contradicts the norm that states may
intervene to protect peoples from abuse by
their own government.
International Norms vs.
International Norms
• Equality of states
– vs. Inequality of states
– The norm that all states are equal
contradicts the norm that the powerful or
rich have special rights and
responsibilities.
International Norms vs.
International Norms
• Equality of states
– vs. Inequality of states (Security Council
permanent members)
• There are five and only five permanent members of
the UN Security Council,
• “The Security Council shall consist of fifteen
Members of the United Nations. The Republic of
China, France, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America
shall be permanent members of the Security
Council.”
– UN Charter, Article 23
International Norms vs.
International Norms
• The Norms of Reality vs. Pretense
• The Republic of China, France, the
Union of Soviet Socialist
Republics, the United Kingdom of
Great Britain and Northern Ireland,
and the United States of America
shall be permanent members of the
Security Council.”
International Norms vs.
International Norms
• The Norms of Reality vs. Pretense
• The Republic of China is the official name of
the government on Taiwan. The People’s
Republic of China on the mainland is far
more powerful than the ROC, so since 1972,
states have agreed to pretend that the UN
Charter text says “People’s Republic of
China.”.
International Norms vs.
International Norms
• Reality vs. Pretense
• The Union of Soviet Socialist Republics
dissolved in 1991.
• Russia was the most powerful of its
fragments, so we pretend that Russia is the
USSR.
International Norms vs.
International Norms
• Reality vs. Pretense
–Somalia—a state though not a state
–Palestine—a state and not a state
–Taiwan—not a state though a state
International Norms vs.
International Norms
• Territorial integrity
–Vs. Right of Conquest
• It was once the generally accepted norm that the victor in
a war could annex the territories of the defeated.
• Many existing states, all existing great powers, and all
past empires, were built by wars and annexations,
including “unequal treaties” forced on losers.
• Territorial conquest is now looked askance at by most
states—but then there’s Crimea, acquired by Russia by
conquest in 1783, and again in 2014.
International Norms vs.
International Norms
• Capitalism
–Vs. “Mercantilism,” Communism,
Fascism, State capitalism,
Nationalism, Socialism
– The liberal economic norm of capitalism
has competed successfully with
mercantilism, communism and fascism as
economic norms, but now struggles with
the alternative norms of state capitalism
and nationalism and socialism
International Norms vs.
International Norms
• Democracy
– VS. Autocracy
– The liberal political norm of democracy
has long struggled with autocracy and still
does
The desire for new world
norms…
• Leads to the creation of
“Transnational Advocacy
Networks” (TANs)
When reality obstructs the rise of a new
international norm
• Its supporters may create a
“Transnational Advocacy Network”
(TAN) on its behalf
What TANs do
• TANs promote norms to alter interests
and interactions.
• – they seek to change conceptions of
morality.
• -they lobby to influence interactions
(for example, the landmine ban).
One TAN
• The International Campaign to Ban
Landmines coordinated the efforts of
organizations in more than ninety countries.
• In the next photo, landmine survivors
perform a traditional Khmer dance at the
ICBL’s 2011 meeting in Phnom Penh,
Cambodia
• The campaign succeeded in passing
international laws to outlaw and remove
deadly landmines in many countries.
Transnational advocacy
networks: Landmines
Ottawa Anti-landmine Convention 1997
Blue: states parties to the Ottawa Convention
“Norms Entrepreneurs”
• FLS4 482, 485
• Individuals or groups who try to
persuade others to share their
beliefs and their desires for
changes in (state and other)
behavior
Peace entrepreneurs
• World Peace is a Liberal Norm
• With its Own Entrepreneurs
Peace entrepreneurs
• Charles-Irénée
Castel de SaintPierre (1658-1743)
• Project for Perpetual
Peace (1713)
Peace entrepreneurs
• Getting it out!
• Abbe de Saint-Pierre sent his Project for
Perpetual Peace (1713) to a leading
warmaker
• Frederick the Great of Prussia
Peace entrepreneurs
• Frederick the Great of Prussia to Voltaire on
the ‘Projet pour render la paix perpétuelle en
Europe’:
• “The Abbe de Saint-Pierre has sent me a fine
work on how to re-establish peace in Europe.
The thing is very practicable.
Peace entrepreneurs
• “All it lacks to be successful, is the consent
of all Europe and a few other such small
details.”
• And so the peace norm entrepreneurs got to
work!
• To get that consent!
Peace entrepreneurs
• Jean-Jacques Rousseau, Extrait du
Projet de Paix Perpetuelle de
Monsieur l’Abbe Saint-Pierre (1761)
• Publicizing and criticizing SaintPierre (bringing the idea into the
public debate)
Peace entrepreneurs
• Immanuel Kant, Perpetual Peace
(1795)
• Successfully brought the norm of
peace into active philosophical
discussion
Peace entrepreneurs
• Jeremy Bentham, A Plan for an Universal and
Perpetual Peace (1789)
• “The object of the present Essay is to submit
to the world a plan for an universal and
perpetual peace. The globe is the field of
dominion to which the author aspires,—the
press the engine, and the only one be
employs…”
• For peace propaganda
Peace movement TAN
• Begins in Britain in 1790s with
petitions to Parliament against the
wars with France
Peace TANs Proliferated
• New York Peace Society (1815)
• Massachusetts Peace Society (1815)
• London Peace Society (1816)
• American Peace Society (1828)
• International Peace Congress (1843)
• Universal Pace Congress (1889)
• American Friends Service Committee
– http://www.afsc.org/default.htm
Constructivist Liberals
are Peace Norm Entrepreneurs
• Michael
Mandelbaum
• The Ideas That
Conquered the
World
Mandelbaum’s Argument
• The peace norm entrepreneurs
have done their job!
• And won their case!
Your Call
• The peace norm entrepreneurs
have done their job!
• And won their case!
• Do you agree?
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