Minerva s Rule: Canadian, European, and Japanese Leadership in Global Institution-Building

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1 Minerva s Rule: Canadian, European, and Japanese Leadership in Global Institution-Building BOOK PROSPECTUS May 2007 Julian Dierkes Institute of Asian Research University of British Columbia Yves Tiberghien Political Science University of British Columbia Despite concerns about the apparent US rejection of multilateralism, the past decade has been remarkably fruitful in terms of developing international institutions. Several key developments suggest that a coalition of Minervian powers (advanced industrial democracies with significant economic and military clout, yet also a strong commitment to multilateralism and norm construction) can substitute and has replaced US leadership in global institution-building. In July 2001, international relations took an unusual turn. The US, the lone global superpower and indispensable leader in international institution-building since 1944, 1 had announced its withdrawal from the Kyoto Protocol on climate change. With this announcement, it was expected that the Kyoto Protocol would die and that new negotiations would usher in a new US-friendly set of institutions. Yet, by the end of July, all other economically advanced countries (the so-called Annex I countries) except for Australia, had decided to ignore the US withdrawal and to press ahead. The European Union (EU) took the first step at its Gothenburg Summit in June, taking the decision to act as a climate hegemon and to lobby other countries in the process. 2 Despite its tight economic integration with the US, Canada followed the European lead. Japan hesitated, torn between its close alliance with the US and clear economic interests on the one hand, and EU and civil society pressures on the other hand. By the end of July, however, Japan had also crossed the Rubicon and decided to ratify the Kyoto Protocol and thus to participate in the creation of a new international institution despite the absence of the US. Russia later joined the group, enabling Kyoto to take force as international law in February A major and standard-setting global institution was born, in spite of the opposition of the global hegemon. A similar process occurred with the ratification of the 1998 Statutes of Rome and the creation of the International Criminal Court (ICC) in While the US was initially involved in the drafting of statutes and had signed them, it later decided to remove its signature and to launch an active campaign against the ICC. Yet, in spite of the undisputed status of the US at the sole superpower and the unprecedented asymmetry of power in the world today, other participants (eventually including Japan in 2007) shrugged the US opposition off and pushed ahead anyway. 3 Meanwhile, Canada, Japan, Norway, and the EU have all been advancing the concept of human security and lobbying for such notions to be integrated into policy deliberations at the UN level. 4 The 1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of 1 For excellent recent analyses on the unipolarity of today s world and asymmetric US power, see Haass 2005; Ikenberry 2002; Walt Vig and Faure 2004; Vogler and Bretherton Amnesty International Japan 2002; Amnesty International 2002; Bassiouni 1999; Bekou and Cryer 2004; Broomhall 2003; Cassese, Gaeta and Jones 2002; Driscoll, Zompetti and Zompetti 2004; Glasius 2006; Lattanzi and Schabas 1999; Malone and Khong 2003; Meissner 2005; Nolte 2003; Sands 2003; Stubbins Malone and Khong 2003; Remacle 2005.

2 Anti-Personnel Mines and on their Destruction was signed, ratified, and implemented, in spite of opposition from the US as well as from China and Russia. Again, the coalition driving the ban included Canada, key European countries, and Japan (as well as South Africa, Norway, and Brazil). In a different field, on October 20, 2005, 148 countries adopted a new cultural diversity treaty negotiated within the framework of UNESCO. The treaty, led by Canada and France aims at helping countries defend domestic culture from the homogenizing influence of globalization. 5 Only two countries opposed the treaty: the US and Israel. The treaty affirms the sovereign right of countries to protect and promote the diversity of cultural expressions, insisting that this must be taken into account by the WTO and by other treaties. Other examples include emerging norms of development assistance, assistance policies, humanitarian interventions, 6 refugee rights, 7 and human rights. These cases exemplify two important trends in international affairs since the late 1990s. The first trend is an expansion of multilateral institution-building into new arenas. While the postwar period saw the creation of effective global institutions in the field of economic cooperation and development (IMF, World Bank, WTO), security (disarmament treaties), and human rights (beginning with the International Declaration of Human Rights contained in the UN Charter), the 1990s and 2000s have seen the expansion of this trend into the arenas of environment, human security, and human rights and culture. The development of these international institutions includes formal legal treaties, codes of conducts, and norms and practices that shape behavior. The second trend is a new political pattern in the creation of these institutions. To the surprise of many, as the US decided that institution-building beyond the realms of economy (trade, finance) and hard security (anti-terrorism, non-proliferation) was not in its interest and should be halted, other national and supranational actors joined forces to construct new institutions. This construction continued unabated despite not only US opposition, but despite the reluctance of other powers like the BRIC countries and especially China. In the cockpit driving the continued trend, one can find what we call Minervian powers ; in particular, an emergent European Union aiming to project a new common identity, a transforming Japan, and a Canada forcefully dedicated to multilateralism. Under the label of Minervian powers, we refer to a group of advanced industrial democracies with significant economic and military clout, yet also a strong commitment to multilateralism and norm construction. With this conceptualization we go beyond Kagan (2003) s dichotomy ( Europeans are from Venus, Americans are from Mars ). Minerva represents a group of like-minded states that support the creation of credible and binding institutions, possibly backed by a limited but creative use of force. Research Questions Historically, the US have inspired and led the trend of global institution-building in a classic hegemonic pattern. 8 In the late 1990s, however, leadership in new institution-building appears to have shifted from the US to a group of countries committed to multilateral activism on a range on non-military agendas. Canada, the EU, and Japan appear as the vanguard of this development, although their cooperation does not extend to all issue areas and they are joined in their efforts by varying coalitions of other countries. The observation of these two trends in the pattern of multilateral institution-building leads to three main research questions in this book: 5 ITCSD Report, October 26, Finnemore Barnett and Finnemore Gilpin 1981; Keohane

3 1. What explains the intensification (in depth and scope) of multilateral institution-building since the mid-1990s? 2. What is the role played by affluent middle powers in this process at this juncture of time, particularly the role played by Canada, the EU, and Japan? 3. Why have Minervian powers been willing and capable to play this role? The book therefore focuses on two levels of analysis: 1. The generation of multilateral institutions (treaties, practices, and norms) as a dependent variable, and the related study of the roles of the EU, Japan, and Canada (individually and collectively) in shaping this process. 2. The role and behavior of the EU, Japan, Canada as a proximate cause for the global outcome. In turn, we analyze the relevant political modes that explain their behavior. Substantive Focus The book focuses on issue-areas where global governance has expanded in the 1990s and early 2000s, namely global environment, human security and international law, human rights and cultural diversity, and one economic contrast case: accounting rules. The book excludes both issues of hard security (including terrorism) and global economics (trade, finance) where the international dynamic is different, relatively well understood already, and entrenched in patterns established since the end of World War II. The book is aimed squarely at an analysis of the construction of new institutions, rather than at an understanding of the organizational form theses institutions take or how their prescription may be implemented or enforced. Country Cases The project focuses on the EU, Japan, and Canada as representative significant advanced democracies engaged in global institution-building. 9 However, some thematic chapters briefly consider other relevant Minervian powers, depending on each case (such as South Africa, Brazil, etc.) as well as intermediate powers opposed to multilateralism (such as Australia). The goal is to situate the roles played by Japan, Canada, and the EU in comparison to like-minded and opposite mid-level democratic powers. One important assumption of the book relates to the European Union. Although the EU is made up of 27 countries with significant differences in international preferences and positions, the data presented in the book underscores that the EU has increasingly acted as a coherent global actor since the early 1990s in the key issue areas studied in this book: environment, human security, human rights, and accounting. This assumption would not hold for hard security or most economic issues that are outside the focus of this book. 9 For example, Haass (2005) considers Europe and Japan as the key allies involved in developing global institutions, while also considering three more key powers: Russia, India, and China. 3

4 Importance: A Crucial Puzzle at the Global Level The expansion of international law and global institutions has become an increasingly salient issue in both the theory and the practice of international relations. 10 Explanations of recently intensified institution-building efforts matter crucially for our understanding of international relations in at least three ways. First, as eloquently argued by Haass (2005), the post-cold war period has represented a unique opportunity for further institutionalization at the global level for a move away from pure great power politics. Influential voices in the US have acknowledged this opportunity as well. Understanding the processes whereby such an institutionalization has progressed and how this affects outcomes is essential. Second, international institution-building represents an unexpected pattern and highlights new cleavages. Kagan s Venus-like Europeans seem to have significant global partners in the process of institution-building. We observe a global lineup of advanced democracies with credible resources around multilateralism and the construction of international law, despite US (and Australian) opposition. Further, the creation of new global institutions since the mid-1990s highlights new patterns of cooperation. Cooperation seems neither coordinated by the post-war hegemon (the US), even in its most glorious hour; nor normative; nor even orchestrated by the states involved. The concordant pattern between Japan, the EU, and Canada comes about despite enduring differences in regional interests, types of capitalist systems, partisan color of governing coalitions, and public opinion. Theoretical Approach and Argumentation This book demonstrates that the behavior of Minervian powers in cooperating in multilateral institution-building in the 1990s until the present follows three distinct causal modes, only two of which are discussed in the existing literature. By modes we mean the dominant processes by which particular issues were placed on domestic and international agendas and the dominant causal variable driving the creation of a global institution. The modes serve as ideal types to identify causal patterns. We recognize that the actual process in each case is mostly interactive and involves a mix of variables. The placing of cases within a given mode only denotes that this mode was the dominant one, not the exclusive one. The two well-documented hypotheses of economic/political realism and global civil society only explain a subset of the cases. In the first, competitive mode, Minervian powers support multilateralism primarily based on their perceived economic or political self-interests. They support global institution-building either to upload national constraints to the global level or according to counter-hegemonic motives against the US. In the second, normative mode, Minervian states support multilateralism under the influence of norms and ideas promoted by grassroots actors (such as global civil society), epistemic communities, the staff of international organizations, or norms entrepreneurs. The normative mode is a bottom-up process and it centers on a battle for meanings, identities, and national values. In general, the success of the normative mode is dependent on the relatively weak mobilization of adverse interest groups and relatively low costs in terms of relations with the US. These intervening variables vary over time and windows of opportunity may close after key events. The third key mode has involved domestic political leadership i.e. the projection of domestic agendas in Minervian countries onto the global agenda, usually involving multi-level 10 See, among others, Cooper, English and Thakur 2002; Paolini, Jarvis and Reus-Smit 1998; Reus-Smit 2004; Thakur

5 coalitions. This projection involves coalition building, but political leaders are often acting as catalysts in the formation of NGO coalitions. This is a top-down mode where political leaders in key states are the prime movers. They project a vision of global-institution-building and build multilevel coalitions that include NGOs and other actors; but they do so in the pursuit of political gains. Leaders aim at building political reputation in front of their domestic audiences or to project domestic concerns to the global level. This mode assumes that leaders act out of long-term political visions and not in the service of traditional economic interests. Furthermore, unlike the normative mode, this one is an elite-driven mode, even if it may lead to the creation of an epistemic community or new grassroots coalition along the way. Unique Contributions This comparative study of global institution-building through Minervian states is novel at both, theoretical and methodological levels. For international relations theory this book exposes three causal mechanisms through which so-called second-tier states can push forward the creation of global institutions, even in the face of opposition from the global hegemon. The book shows that these states act for at least three sets of distinct reasons and that the difference matters for the kinds of outcomes obtained. Additionally, we deepen the literature on the impact of global civil society by reconnecting it to key states and by following the full normative process to its final outcome. We also show that states can also pursue a multilateral agenda with domestic political goals in mind. From the standpoint of methodology, this book offers an unprecedented micro-level analysis of the links between NGOs, political leaders, mid-level states and global change, particularly in the complex and little-understood area of international law. It also breaks new ground in offering a systematic examination of European, Canadian, and Japanese international behavior across a dozen of issue-areas, bringing together for the first time an in-depth understanding of the EU with thorough analysis of Japan, and North American scholarship. Finally, this study breaks disciplinary boundaries by linking advances in international law (Law) to social forces (sociology) and political dynamics (political science). The book bridges the barrier between sub-national, national, and international levels. Broader Significance: New Dynamics Behind Global Governance Minerva s Rule reveals that the advance of global governance is a multi-pronged phenomenon. The hegemonic or multi-polar competitive modes may shape the pursuit of global governance in hard security and in the economic realm. Yet, global governance may also advance in less visible arenas according to a secondary Minervian tune. The book demonstrates how this pattern works and what forces drive it. Organization of the Book This book is organized into four sections. Following the conceptual introduction, the first section presents an analysis of Minervian power through a comparative chapter and three country analyses written by senior scholars in each subfield. The second section focuses on the competitive causal mode and explores the conditions under which Minervian commitment to global institutionbuilding is dominated by this more realist logic through three distinct case studies: the UNESCO declaration on cultural diversity, the Cartagena biosafety protocol, and the battle over global 5

6 accounting standards. The third section analyzes the normative mode and the penetration of Minervian politics by coalitions of normative carriers (NGOs, epistemic communities, staff of international organizations). The four cases (Landmines, CITES, responsibility to protect, and the peace-building norm) presented here demonstrate a variety of situations under this common framework. Finally, section four focuses on the most novel causal mode, the strategic process whereby political leaders in Minervian states use institution-building to project values and seek political gain. This process of politically induced coalition building is explored through five cases: regulation of chemicals, transboundary air pollution, the Kyoto Protocol, the International Criminal Court and migration. Audience Because this book is situated at the interstices of the international relations, Japanese/Asian and European politics, international law, and public policy, we expect it to interest a wide audience. Specialists on Canadian, European, and Japanese foreign policy will appreciate the book for its analysis of foreign policy at the global level over the past decade. Empirically they will also treasure the book for its rare effort at placing foreign policies in a strict comparative focus. International law experts will find information about the more general process, which is leading to the growth of international institutions. Scholars of international relations will be interested in our theoretical analysis of Minervian powers behavior vis-à-vis the global hegemon. They will also appreciate our discussion of the role of interests, civil society and national leadership in constructing global institutions. Public policy experts and sociologists will be especially interested in the interventions that national governments and social movements have made and can make in the construction of global governance models. The book s appeal to faculty and students has been evident in the high levels of interest during previous workshops and exchanges at UBC, Harvard, IEP Paris, and Tokyo University. To raise the public and academic profile of the book we are already planning specific presentations in capitals of the EU as well as in Ottawa and Tokyo in cooperation with local hosts active on policymaking and academic research on global governance. Our existing relationships with officials in various foreign ministries and government institutions will also allow us to disseminate the book to policy-makers. Finally, our continuing active participation in scholarly debates and academic conferences will allow us to publicize the book s argument and chapters. We expect this book to be assigned in both undergraduate and graduate courses in international relations, Japanese politics, European politics, and Canadian politics. Estimated Date of Completion: June 2007 (most chapters in hand already) Estimated Length: 120,000 words Estimated Number of Tables: 6-8 Estimated Number of Graphs: 5-6 Estimated Number of Appendices: 1 6

7 List of Figures - List of Tables Abbreviations Acknowledgements CONTENTS INTRODUCTION: Yves Tiberghien and Julian Dierkes (UBC) PART I. Minervian Settings 1. Minerva s Portrait: Common Features Among Unusual Partners?: Yves Tiberghien (UBC), Atsuko Tamura (UBC), and Ian Manners (Danish Institute for International Studies) 2. Canada s Minervian Moment Global Activism and Domestic Politics: Kim Nossal (Queen s University) 3. The European Union as a Minervian Power: Ian Manners 4. Japan Ambivalent Minervian: T.J Pempel (UC Berkeley) PART II. The Competitive Mode 5. The UNESCO Declaration of Cultural Diversity: Jennifer Chan (UBC) 6. Competitive Rule-Making: The Battle over the Cartagena Biosafety Protocol: Yves Tiberghien 7. International Accounting Standards: Nicolas Veron (BRUEGEL) PART III. The Normative Mode 8. The Ottawa Process Domestic Interests, Transnational Civil Society and State Identity: Petrice Flowers (University of Hawaii) 9. Wildlife Conservation and the Development Process of the CITES Regime: Isao Sakaguchi (Gakushuin University) 10. Minerva s Allies States, Secretariats and Individuals in the Creation of the Responsibility to Protect Norm: Katharina Coleman (UBC) 11. The Return of the Peace-Building Norm in Iraq: Daisaku Higashi (UBC) PART IV. The Political Leadership Mode 12. Global Chemicals Policy and Minervian Politics: Henrik Selin (Boston University) 13. Minerva s Moment and Japan s Climate Change Policy: Hiroshi Ohta (Waseda University) 14. Enough Rope? the Role of Minervian Powers in Establishing the International Criminal Court: Joanne Lee (Australian National University) 15. Migrant Rules and the Failure of Global Norms: Midori Okabe (Sophia University) Overview: Minervian Leadership in Global Environmental Agreements: Is it Sustainable? Miranda Schreurs (University of Maryland) CONCLUSION. A new Dynamic of Global Institution-Building: Yves Tiberghien and Julian Dierkes Appendixes Bibliography 7

8 REFERENCES CITED Amnesty International Japan Nyumon: Kokusai Keiji Saibansho (Introduction to the International Criminal Court). Tokyo: Gendaijinbunsha. Amnesty International International Criminal Court : The Need for the European Unionto Take More Effective Steps to Prevent Members from Signing Us Impunity Agreements. London: International Secretariat. Barnett, Michael N. and Martha Finnemore Rules for the World : International Organizations in Global Politics. Ithaca, N.Y.: Cornell University Press. Bassiouni, M. Cherif Negotiating the Treaty of Rome on the Establishment of an International Criminal Court. Cornell International Law Journal 32 (3). Bekou, Olympia and Robert Cryer The International Criminal Court. Aldershot, Hants, England ; Burlington, VT: Ashgate/Dartmouth. Broomhall, Bruce International Justice and the International Criminal Court : Between Sovereignty and the Rule of Law. Oxford ; New York: Oxford University Press. Cassese, Antonio, Paola Gaeta and John R. W. D. Jones The Rome Statute of the International Criminal Court : A Commentary. Oxford ; New York: Oxford University Press. Cooper, Andrew Fenton, John English and Ramesh Chandra Thakur Enhancing Global Governance : Towards a New Diplomacy? Tokyo ; New York: United Nations University Press. Driscoll, William, Joseph P. Zompetti and Suzette Zompetti The International Criminal Court : Global Politics and the Quest for Justice. New York: International Debate Education Association. Finnemore, Martha The Purpose of Intervention : Changing Beliefs About the Use of Force. Ithaca: Cornell University Press. Gilpin, Robert War and Change in World Politics. Cambridge ; New York: Cambridge University Press. Glasius, Marlies The International Criminal Court : A Global Civil Society Achievement. London ; New York: Routledge. Haass, Richard The Opportunity : America's Moment to Alter History's Course. New York: PublicAffairs. Ikenberry, G. John America Unrivaled : The Future of the Balance of Power. Ithaca: Cornell University Press. Kagan, Robert Of Paradise and Power : America and Europe in the New World Order. New York: Alfred A. Knopf ; Distributed by Random House. Keohane, Robert After Hegemony: Cooperation and Discord in the World Political Economy. Princeton: Princeton University Press. Lattanzi, Flavia and William Schabas Essays on the Rome Statute of the International Criminal Court. Ripa Fagnano Alto: Il Sirente. Malone, David and Yuen Foong Khong Unilateralism and U.S. Foreign Policy : International Perspectives. Boulder, Colo.: Lynne Rienner Publishers. Meissner, Philipp The International Criminal Court Controversy : An Analysis of the United States' Major Objections against the Rome Statute. Münster: Lit Verlag. Nolte, Georg The United States and the International Criminal Court. In Unilateralism and U.S. Foreign Policy : International Perspectives, edited by David Malone and Yuen Foong Khong, x, 477. Boulder, Colo.: Lynne Rienner Publishers. 8

9 Paolini, Albert J., Anthony P. Jarvis and Christian Reus-Smit Between Sovereignty and Global Governance : The United Nations, the State and Civil Society. Houndmills [U.K.] New York: Macmillan ;St. Martin's Press. Reid, T. R The United States of Europe : The New Superpower and the End of American Supremacy. New York: Penguin Press. Remacle, Eric The European Security Strategy and Its Impact on Europe-Japan Relations. In Japan and Enlarged Europe: Partners in Global Governance, edited by Takako Ueta and Eric Remacle, Brussels: P.I.E.-Peter Lang. Reus-Smit, Christian The Politics of International Law. Cambridge, UK ; New York: Cambridge University Press. Rifkin, Jeremy The European Dream : How Europe's Vision of the Future Is Quietly Eclipsing the American Dream. New York: Jeremy P. Tarcher/Penguin. Sands, Philippe From Nuremberg to the Hague : The Future of International Criminal Justice. Cambridge ;New York New York: Cambridge University Press. Stubbins, Elizabeth The International Criminal Court as a Tool for Peace Building. Thakur, Ramesh Chandra The United Nations, Peace and Security : From Collective Security to the Responsibility to Protect. Cambridge, England: Cambridge University Press. Vig, Norman J. and Michael Faure Green Giants? : Environmental Policies of the United States and the European Union. Cambridge, Mass.: MIT Press. Vogler, John and Charlotte Bretherton The European Union as a Protagonist to the United States on Climate Change. International Studies Perspectives 7:1-22. Walt, Stephen M Taming American Power : The Global Response to U.S. Primacy. New York: W. W. Norton. 9

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