International relations Lecture 5

7/31/2019 International relations Lecture 5

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V. NON-STATE ACTORS IN INTERNATIONAL RELATIONS

Historically, state was the only actor in international relations for a very

long time. Currently, thanks to development of relationships, change in nature

of economics and globalization, other important actors enter into the world

political events.

1. Intergovernmental international organizations.

States that had common interests and needed collective action, created

certain units already in ancient times.

These units were aimed to fulfill the interesrts of their members.

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Prehistory of common international organizations - 8 century BC, when states

cooperated to strengthen their defense capability in ancient China.

Similar forms can also be found in ancient Greece where, in defense against

Persian aggression, so called Peloponnesian Association was created.

These origins of international organizations were a kind of alliances or military

alliances of states against a stronger enemy.

The history of modern international intergovernmental organizations did not

begin until the early 19th century.

Development of international trade, transportation, emergence of new forms of

communication such as telegraph, telephone and email, were followed by theneed of agreements and by the need of regulation of these relations.

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This fact necessitated emergence of the first international organization known

as International Administration Union. As a result of technological progress,

the need for international regulation of many new and previously unknown

areas such as international transportation, communications and

telecommunications appeared.

It was necessary to introduce transnationally operating rules to allow

development of transportation, communication and connections across national

borders.

Central Commission for Navigation on the river Rhine, founded in 1815, is

considered to be the first-ever international organization. It was later renamedto the International Commission for the Navigation of the Rhine.

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Gradually, other similarly designed international organizations were

established to regulate shipping on so called international rivers in various

states.

In connection with invention of new means of transportation and

communication, other international organizations as the Telegraph Union in

1865, Railway Union in 1866 and the Postal Union, in 1878, were established.

Activities of these organizations have proved to be necessary and these

organization exist even today.

The need to address many problems related to several countries influenced

growth of all types of international organizations. In 1900, there were 30

intergovernmental and 170 non-governmental organizations in the world, and

in 2001 the figure rose to almost 250 intergovernmental and over 6000 NGOs.

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Considering the large number, different focuses and functions of organizations

it is not easy to define their common essence.

International organizations which associate states are referred to as

international intergovernmental organizations. They have international legal

subjectivity and they are considered to be new subjects of international law.

It is so because the founder members give part of their subjectivity in favor of

organization in order to properly fulfil its mission.

Not every international grouping of states is also a subject of international

law in all circumstances because it depends on the will of founding states

which delegate the international-legal subjectivity on an international scale tointernational organizations. In practice, there are international organizations

that do not have international legal subjectivity, such as the British

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Commonwealth or Commonwealth of Independent States. These international

groupings act on behalf of member states but they represent only their joint

institutions and they do not bind directly the member states.

International organization can be characterized in the following way:

international intergovernmental organization as the subject of international

law can be defined, as a community of states which are equipped with their

own institutions and powers which is permanently active and operates in

accordance with international law.

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International intergovernmental organization which meets these criteria is

considered to be a subject of international law with its own subjectivity, which

is able to incur international law obligations and bear the consequences of its

own unlawful conduct.

International intergovernmental organizations generally arise as a result of

negotiations of an international conference which adopts Multilateral

Agreement on the establishment of organization. This Agreement sets out the

structure of international organization, its activities, working institutions,

method of acquisition and loss of membership, meeting procedures, budgeting

etc. From a legal perspective, subjectivity of international organizations can

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not match subjectivity of states, because organizations do not have unlimited

possibilities for action.

Their tasks are provided in the founding treaty. Therefore, international

organizations, unlike states, do not have general powers and they embody the

principle of specialty which means that the founding states equip them with

powers, scope of which is a subject to their tasks.

In practice, various international organizations have a different range of

international legal subjectivity.

Since the scope of activities of international NGOs depends on the will ofmember states, they are considered to be derived subjects of international law.

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Similary to states also international NGOs are likely to conclude international

agreements, therefore they have so called law making competency.

Organizations and their representatives may be granted diplomatic immunity

and privileges, right to diplomatic representation of state organizations or

diplomatic representation of the members of organizations and in some cases

also in non-member countries.

Any disputes between international NGOs and states may be a subject to

international arbitration.

International organizations convey international responsibilities in the case of

misconduct.

Necessary condition for the existence of any international organization is

that it must build its governing organs.

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Permanent nature of these institutions is the fact that they are constituted for an

indefinite period of time and that they have permanent legal status. Theory and

practice of international relations does not have a uniform classification of

international organizations institutions.

Therefore, it is possible to describe only those types of institutions which

occurr most often in practice. In terms of importance the organs of institutions

can be divided into main and auxiliary, for example the main UN body is the

General Assembly, and, for example Commission on the Environment is a

subsidiary body.

In terms of functions of the organs we can devide these into governing,

executive and administrative organs. From the legal point of view, organs can

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be didided into international, which are created by delegated representatives

of member states, inter-parliamentary, which are created by delegates of

national parliaments and administrative.

States, represented by their leaders, are the members of international

bodies. All the member states have the right to be represented in the bodies. An

example is the General Assembly of the UN. In other international

organizations, this body is usually called conference, congress, or in

organizations with less members it is called council.

Jurisdiction of such bodies corresponds to the decision taking on the generaland fundamental problems of the organization.

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Executive bodies of organizations are frequently plenary bodies and

therein only the representatives of selected countries take part. An example is

the UN Security Council.

In other international organizations they are tend to be called board,

commission, directorate etc. These bodies address the immediate tasks under

the general provisions of the plenary meetings between their sessions.

Interparliamentary organs arose mainly after World War II but, at present,

they are not used anymore.

An example of such organ is the Parliamentary Assembly of the Council of

Europe or NATO.

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One of the main activities of each international organization is to take

decisions in international relations. The result of decision-making activity is

the expression of will of states brought together in international organization.

In legal terms, this expression of will of states is called resolution, decision,

declaration, statement, recommendation etc.

In fact, decisions of international organizations may be divided according to

several criteria. From the legal point of view, we can distinguish decisions

which legally bind the addressee and those which do not bind the addressee.

The second mentioned have character of recommendations. Most of the

decisions have nature of recommendations. It means that member states are not

legally obliged and they do not require international-legal responsibility. These

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decisions are more of moral and of political importance linked to the prestige

of states.

Decisions concerning the bodies of organizations are often legally binding

decisions.

Voting procedures are important in terms of decision making. The most

frequent procedure is to take decisions by unanimity which means that for the

adoption it is necessary that all members vote in favor of the decision.

In past, this was the only way how to vote. It benefited the principle of

sovereign equality of states, which in practice means that each state have one

vote. Advantage of this method of voting is a strong presumption ofcompliance because it is supported by everybody.

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In case of non-compliance it can happen that unanimity is very long or even

impossible to be reached. This makes the organization unable to take action.

Due to these facts, some bodies or organizations have introduced the

majority voting, which means that the decision is considered to be binding

when majority of participants voted in favor of it.

We distinguish so-called simple majority (50% of the votes +1), or a qualified

majority (expressed as 3 / 5 or votes).

Another type of voting is so called weighted voting, which is similar to

voting in joint stock companies. It is used mainly in international economic

organizations, e.g. decision making bodies of the International Monetary Fund.Its essence lies in the fact that each state has a share of votes derived from the

amount of funding invested in the organization. A similar principle is also used

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for voting, when weight of votes of states is derived from the number of its

inhabitants such as the EU Council of Ministers.

Importance of various international organizations can be understood on the

basis of their functions. There are many of these functions. In general, the

basic function of all the international organizations is to match interests, reach

understanding, solve problems, provide assistance that leads to the

improvement of relations between states. In addition, however, functions of

international organizations differ in their focus:

- Regulatory functions these embody the creation of models and standards

of conduct of the actors in international relations. Their purpose is to

harmonize their activities. These may have nature of moral, political or legal

standards.

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Regional organizations are those where the scope of membership is defined by

certain regions, mostly mainland, or even closer, for example Council of

Europe or the Nordic Council.

In terms of issues and objectives, which the organization addresses, we

distinguish general (universal) organizations for example UN, EU and

specialized e.g. International Air Union or the World Health Organization.

In terms of activities which they perform, specialized organizations can be

divided into:

- military and political (e.g. NATO or Warsaw Pact)

- economic (e.g. the IMF or the WTO);- cultural (e.g. UNESCO)

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- health (eg WHO).

Given division of organizations is relative. There are also specific

international organizations which from a certain aspect of their activities, have

nature of intergovernmental organizations and from other aspect, they are of

nature of non-governmental international organization. An example of such

organizations is the International Red Cross.

2. International non-governmental organizations

NGOs form the largest group of international organizations. These

organizations were not established by states but only by personal entities orlegal persons from several countries. In terms of international law, these

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organizations do not have international legal subjectivity and therefore their

activities are regulated by rules of national law.

International NGOs can be described as institutions that cut across national

boundaries and whose members are not states but social organizations,

companies or individuals.

In legal language, personal entities or legal persons from several countries are

the members.

Transnational relations, which are understood as relationships between

individuals and organized groups throughout the boundaries, actually arosewith the emergence of sovereign states.

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Beginnings of these relationships actually date back to missionaries, explorers

of new territories or traders with exotic goods.

These relations reached a qualitatively new level of relations with the

development of transport, particularly railways, telecommunications, telegraph

and telephone.

These ways of means have created a wide space for communication and

collaboration at international level.

Transnational relations get to a qualitatively new level in conditions of

globalization. Actors operating outside the structure, such as transnational

corporations, transnational NGOs, social movements, media, and other groups

enter into international politics, which was previously seen as a privileged

sphere of action of states and their organizations.

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The net of transnational actors is currently quite wide and dense and

therefore they may be divided into three basic groups according to specific

characteristics:

NGOs of political nature like international revolutionary movements,

nation liberating movements operating in several countries, international

association of political parties etc.

Internationally active terrorist groups such as Al-Qaeda are specific

phenomenon operating in international arena with political objectives but using

illegitimate instruments.

Greenpeace and other organized forms of movement for improvement of l

environment are very popular international organization. It was founded in

Canada in 1971. Its aim is to highlight environmental problems that threaten

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humanity and it tries to find ways to address them. Activities of this

organization are characterized by peaceful forms of advancing its goals.

Actions against nuclear testing, fight against global warming, pollution of the

natural environment, reducing biodiversity of plants and animals, genetic

engineering and so on, can be mentioned among the specific activities. The

organization has its regional and national offices in 41 countries worldwide.

Coordinating organs are located in Amsterdam and its activities are funded by

money from donors and charity funds. To maintain independence, they do not

use funds from businesses and government institutions.

In relation to states and their organizations, the non-governmental

international organizations can operate in various forms. First, they may

criticize states, create pressure to address serious social issues such as ecology,

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human rights, fight against corruption, etc. In some cases, there might be

serious clashes between them and the governments observed.

In relation to international intergovernmental organizations, many NGOs

have reached prominent position. They have impact on the course,

implementation and results of international policy in certain areas. NGOs

receive special status in global and regional intergovernmental organizations,

enabling them to influence their decisions. Thanks to this action, they are

involved in the creation of international-law, addressing many specific areas of

international life.

Their share in monitoring the compliance with international legal

obligations of states (eg, control of regularity of elections, monitoring levels of

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compliance or violation of human and civil rights) is also significant. They

may also act as an initiator of international public opinion to address various

problems.

Given their impact, some NGOs are institutionally incorporated into the work

of international intergovernmental organizations in the form of advisory or

supervisory bodies.

NGOs of non-political and non-commercial character - for these

organizations it is typical that they have minimal or no impact on international

politics. This includes eg. international associations of trade unions which

supervise social and safety conditions of work. At the same time, during the

internationalization of economy through their solidarity, they may help to

improve working, social and payment conditions of employees.

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International interests and professional associations are the largest group of

international NGOs. Today, there is no sports industry, which would not have

its international organization. Also different professions, like doctors, teachers,

scientists have their international organizations.

They can also, under certain circumstances, influence the decision making

process in the international political sphere in terms of providing expert advice

on the adoption of certain decisions.

Churches, operating across national frontiers, are important actors which

influence the system of values, attitudes and conduct of hundreds of millions of

people worldwide.

Their influence on the conduct of people is obvious and therefore they may

also significantly influence international policy.

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3. Supranational corporations

Supranational corporations have become a significant player in international

relations in connection with the development of internationalization and

globalization of economy. Names like Exxon, General Motors, Shell or COCA

COLA are familiar to majority of current world population.

Three main features of international corporations:

- they realize organized activities in several countries at the same time;

- they set up goals which are not achievable in territory of one state;

- they operate in economic sphere and the bulk of their activities is

nonpolitical.

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A company becomes a multinational corporation when it controls and

manages production facilities in at least two other countries.

It is difficult to clearly determine the dividing line between transnational

corporations and companies with foreign branches. Other authors consider

multinationals companies to have at least 25% of their economic activities

carried out abroad.

In terms of theoretical integration, the multinational corporations can be

described as oligopolies. It means companies that have substantial shares in the

world market and that can significantly affect world prices. It can thus be said

that in sectors in which they operate, competition is weakened. In order to

maximize their profit, they are able to accept minimum profit during certain

period just to destroy the competition and then benefit from market dominance.

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In practice, there are several ways how the companies can joint at

international level:

- fusion is the most common way of international companies linking, when one

company absorbs another; it may be voluntary or forced;

- consolidation is type of connection in which the companies merge so that the

original are extinguished and a new corporation is set up,

- acquisition is such link, where one company buys another in the way it buys

a controlling interest share or the entire enterprise,

-joint ventures is a company with foreign equity there occurs mutual control

of the parties that allows them to peer review over the decision-making

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In terms of international relations, it is very important to perform the

analysis of consequences of international corporations proceedings on world

economy and government policy. It can be noted that these effects are highly

contradictory.

From one point of view they help the states in which they operate to reduce

unemployment, start up economic upturn, to collect more taxes, to support

emergence of new technologies and scientific and technological development.

Using comparative advantages and development of private business,

production gets cheaper. Concentration of resources allows realization of

investment projects that would otherwise have not been possible. To sum up, it

could be said that they increase wealth in the world. On the other hand,

oligopoly character of transnational corporations can undermine market forces

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and allow excessive profits. In order to maintain their influence they often

support various authoritarian regimes. They reinforce dependency of the less

developed countries on the richest countries.

By moving production to countries with lower living standards and wages they

may slow down the growth in living standards. Transfer of assets to countries

with lower compulsory contributions minimizes their tax burden. Global

maneuvering of multinational corporations in global undermines states'

abilities to implement autonomous economic policy, which especially in case

of weak economies, is the only option how to attract the foreign investors. This

is done by providing incentives, exemptions, investment incentives, adjustment

of social and labor law and education etc.

4. International community

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In recent years, especially since the end of the World War II, international

relations often use the term international community, which reflects a summary

of their actors. Emergence of the current international community was

preceded by a relatively long history. The very concept was introduced already

in ancient philosophy, especially in stoic and in later Christian thinkers. Till

our time, we can distinguish three stages of development of international

community:

The first phase so called family of Christian nations included medieval

states which profess Christianity. The Church represented kind of supra state,

which had a specific position "over the States." Church through the Pope could

even punish the rulers and the countries which contradicted its rules.

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Instruments of ecclesiastical penalties were excommunication from the

Church, declaration of holy war or crusade.

On the other hand, the Catholic Church tried to prevent or at least to regulate

military conflicts between the Christian rulers. During this period there were

also movements that considered the international community to include all,

even pagan states, which emphasized the unity of mankind.

The second stage is so called club of civilized countries - such

understanding of the international community has been established within the

Congress of Westphalia after the Thirty Years War in 1648. Initially, only the

states signatories of Congress were included in this club. Later, the number of

states - members of community have increased thanks to other European

countries.

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An important milestone in the development was the admission of Turkey in

1856 at the Paris Congress. Turkey was the first non-Christian country. Later

such countries as Japan, Persia, China and Siam were affilliated. Due to the

development of colonization, the European community has become in fact

international community. Europe dominated the global international relations

and dictated its rules to the rest of world. European domination eliminated at

least three regional communities: Confucian Chinese, Hindu India and Islamic

Arab.

The present international community represents he third stage in the

development of international community it began to be formed after World

War II in connection with the process of decolonization. During its

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development it got pluralistic and multicultural character. It currently faces a

serious issue of finding so-called solutions to global problems of mankind.

In theory, there is controversy about the definition of the current international

community. Difference between different concepts lies in the fact whether the

current international community comprises only states or also other actors of

international relations.

5. Individual's role in international relations

International relations are inherently social relations, which means, relations

created by human beings - individuals, but especially large social groups. Theiressence consists mainly in relations between organized social groups, but the

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individual's role in them can not be overlooked neither. Therefore, the science

of international relations in relevant contexts describes also the role of

individual in various contexts.

1. International relations are largely affected and created by great personalities,

political leaders especially government officials who have decision-making

responsabilities and regulating roles in international relations.

2. The fact that everybody belongs to a particular social group as a member of

nation, church, a citizen of the state, a member of trade unions or of

professional groups, everybody can influence the international relations.

3. Mainly as a citizen of democratic state, he is part of the public, which

represents public opinion as a regulator of international relations. Next, he

creates political representation that presents certain values and interests in

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international relations. Ultimately, public through direct democracy, such as

the referendum, may itself decide on the most important foreign policy issues

of state.

4. Although international law primarily regulates relations between states and

international organizations, but in special area such as human rights,

individual is also the subject of international law. In practice it means that he

is under the protection of international law, and may also seek their rights

before international courts.

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International relations Lecture 5