Talking ASEAN on ASEAN as an Actor International Forums 17 March 2015

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Talking ASEAN on ASEAN as an Actor International Forums 17 March 2015 ASEAN as an Actor in International Forums Reality, Potential and Constraints by Prof. Dr. Jürgen Rüland

ASEAN as an Actor in International Forums Reality, Potential and Constraints Paruedee Nguitragool & Jürgen Rüland (Chiang Mai University and University of Freiburg) Presentation, Habibie Center, Jakarta, Indonesia, 17 March 2015

Overview 1. Introduction 2. The Puzzle and Analytical Framework 3. ASEAN s cognitive prior and negotiating capacities 4. ASEAN as a negotiator in global forums: stages of negotiation 5. ASEAN as an actor in global forums: negotiation strategies 6. Conclusions and future options 2

1. Introduction 3

Background Center for International Law (CIL), National University of Singapore Integration through Law Project Director: Prof. Dr. Joseph Weiler (European University Institute) Co-Director: Prof. Dr. Michael Ewing-Chow Executive Director: Dr. Hsien-Li Tan 4

2. The Puzzle and Analytical Framework 5

The Puzzle How does ASEAN operate in global forums? How cohesive is ASEAN in global forums? Which factors shape ASEAN s behavior in global forums?

Basic Theoretical Assumptions With progressive integration, regional organizations tend to become more cohesive vis-à-vis third states Regional organizations have a tendency to extend their intra-regional cooperative behavior to their interactions with third states Crucial: Material institutional factors such as Functional specificty Homogeneity Autonomous central authority

Our Argument (I) We agree that the institutional architecture matters for the behavior of regional organizations vis-à-vis third states But: We argue that the institutional architecture is strongly influenced by cognitive factors; cognitive factors thus have also a major impact on the interaction of a regional organization with third states

Our Argument (II) Cognitive factors result in constraints for ASEAN in global forums Shape repository of cooperation norms (ASEAN Way) and the Institutional set-up Constraints exacerbated by Conflicting norms since Bali Concord II Power asymmetries in global institutions

Typology of Actor Cohesion Type of Cohesion Bloc Quasi- Bloc Caucus Bowling Alone Properties World view Positive Mainly positive Mainly negative Negative Regional Identity Very high High Low None Trust Very high High Low None Defection from collective action Never Rarely Frequently Always Power-sensitivity Low Low High High

3. ASEAN s Cognitive Prior and Negotiating Capacities 11

Actorness Influenced through ideational factors, but also by material factors; Domestic negotiation capacities Regional negotiation capacities

Southeast Asian Political Elites View Towards the External World Historically grown ideational context in which ASEAN operates Hindu-Brahmanic and Sinic power-sensitive state craft Reproduced through wars, colonial conquest, Great Power interventions, a highly asymmetric global distribution of power, history of disputes in the region Result: Normative and institutional structure which limits the depth of cooperation and impedes the development of collective negotiation capacities

National Negotiation Capacities New York and Geneva missions Government support of negotiators Epistemic communities and knowledge management - Think tanks and universities - Media - NGOs - Business and private sector associations 14

Regional Negotiation Capacities ASEAN Secretariat, catalyst functions in knowledge management, budget, staffing ASEAN New York and ASEAN Geneva Committee Preparatory meetings prior to international negotiations (Contact Group G20) ASEAN University Network ASEAN-ISIS Regional business groups, regional NGO networks 15

4. Stages of Negotiation 16

Three Stages of Negotiation 1. Identifying problems, defining issues and agenda-setting 2. Setting principles, norms, rules and procedures of negotiation and international cooperation 3. Concluding the negotiations: voting and compliance

Identifying Problems, Defining Issues and Agenda-Setting ASEAN s role as an initiator, innovator and agenda-setter in international negotiations is largely confined to minor or special issues (low politics); In key issues of the global order such as UN reform, trade liberalization and climate change it has rather been a reactive force

ASEAN as a Norm Entrepreneur Stands for rather conservative Westphalian sovereignty norms Rarely a radical challenger of the existing international institutional architecture Abstained from pursuing obstructive and intransigent negotiation practices; good global citizen;

Voting and Decision-Making in Global Forums Comparatively high degree of ASEAN unity at least in the UN General Assembly But: Quasi-bloc behavior primarily in votes on rather insignificant issues.

ASEAN Voting Behavior in the United Nations General Assembly, 2002/2003-2011/2012 UNGA ASEAN Joint Voting ASEAN Split Voting 57 th UNGA 2002/2003 50 (70.4%) 21 (29.6%) 58 th UNGA 2003/2004 55 (72.4%) 21 (27.6%) 59 th UNGA 2004/2005 48 (67.6%) 23 (32.4%) 60 th UNGA 2005/2006 52 (69.3%) 23 (30.7%) 61 st UNGA 2006/2007 60 (68.9%) 27 (31.1%) 62 nd UNGA 2007/2008 59 (76.6%) 18 (23.4%) 63 rd UNGA 2008/2009 52 (71.2%) 21 (28.8%) 64 th UNGA 2009/2010 36 (52.4%) 33 (47.6%) 65 th UNGA 2010/2011 53 (79.3%) 14 (20.7%) 66 th UNGA 2011/2012 36 (55.4%) 29 (44.6%) Total 501 (68.53%) 230 (31.5%)

ASEAN Split Voting in UNGA, Defections by Member Country Member Country Number of Defections, 57 th - 66 th UNGA Brunei 19 Malaysia 28 Indonesia 31 Philippines 43 Singapore 43 Thailand 51 Cambodia 66 Viet Nam 72 Myanmar 77 Laos 78

Compliance ASEAN s compliance record is rather mixed Higher in the international trade regime than in human rights and environmental issues

5. ASEAN as an actor in global forums: negotiation strategies 24

Negotiation Strategies 1. Competing for executive and leadership positions 2. Framing 3. Coalition building 4. Forum shopping 5. Image projection and creation of soft power

Negotiation Strategy and Type of Cohesion Negotiation Strategies Competing for executive and leadership positions Framing Coalition building Forum shopping Image projection and creation of soft power Type of Cohesion Caucus Quasi-Bloc Caucus Caucus Quasi-Bloc

Two Case Studies Selection criteria Material, distributive issue (WTO) -From quasi-bloc to caucus Ideational, normative issue (ILO) - From caucus to quasi-bloc

6. Conclusions and Future Options 28

Tentative Conclusions (I) 1) There is no automatic link between progress in regional integration and increasing cohesion of regional organizations in global forums. 2) Regional organizations extend their mode of intra-regional cooperation to global forums. 3) The case of ASEAN suggests that the extension of cooperative behavior to global forums is not primarily a question of the institutional architecture. Ideational factors thus are an important missing link in the explanation of ASEAN s behavior in global forums.

Tentative Conclusions (II) 4) ASEAN foreign policy elites share a basically sceptical world view. Paradoxically this does not lead to a pooling of resources to overcome weakness through regional cooperation. They cooperate if it suits their national interests, but pursuing national interests may also amount to bowling alone or to build coalitions with non-asean members. Pragmatism trumps the imperative of regional cohesion.

Tentative Conclusions (III) 5) Where insecurity and vulnerability are less pervasive, the likelihood to act more cohesively increases (quasi-bloc behavior) 6) Where the reputation and respectability of the entire region is at stake, even normative disagreements can be overcome and the likelihood of regional cohesion increases (quasibloc behavior).

Strengthening ASEAN as an International Negotiator Upgrading the process of knowledge generation Better coordination of multi-level governance Reforming the ASEAN Secretariat

Thank you very much for your kind attention!