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Lished by the General Assembly in 1972 to Be an Internati The United Nations University is an organ of the United Nations estab- lished by the General Assembly in 1972 to be an international community of scholars engaged in research, advanced training, and the dissemination of knowledge related to the pressing global problems of human survi- val, development, and welfare. Its activities focus mainly on the areas of peace and governance, environment and sustainable development, and science and technology in relation to human welfare. The University oper- ates through a worldwide network of research and postgraduate training centres, with its planning and coordinating headquarters in Tokyo. The United Nations University Press, the publishing division of the UNU, publishes scholarly and policy-oriented books and periodicals in areas related to the University’s research. Enhancing global governance Foundations of Peace Note to the reader The United Nations University Press series on the Foundations of Peace ad- dresses themes that relate to the evolving agenda of peace and security within and between communities. Traditional or conventional conceptions of security, primarily military and interstate, have been supplemented, or perhaps even sur- passed, by a definition of security which rests upon much broader tenets, includ- ing human rights, cultural and communal rights, environmental and resource se- curity, and economic security. To resolve the dialectic between state security and human security it is necessary to envision a wide agenda of international peace and security that embraces these tenets and the potential tensions that exist be- tween them and the interstate context. International actors, such as the United Nations and non-governmental organizations, are also increasingly playing a cen- tral role in building the foundations of sustainable peace. This series promotes theoretical as well as policy-relevant discussion on these crucial issues. Titles currently available: Peacekeepers, Politicians, and Warlords: The Liberian Peace Process by Abiodun Alao, John Mackinlay, and Funmi Olonisakin Human Rights and Comparative Foreign Policy edited by David P. Forsythe Asia’s Emerging Regional Order: Reconciling Traditional and Human Security edited by William T. Tow, Ramesh Thakur, and In-Taek Hyun Conflict Prevention: Path to Peace or Grand Illusion? edited by David Carment and Albrecht Schnabel Enhancing Global Governance: Towards a New Diplomacy? edited by Andrew Cooper, John English, and Ramesh Thakur Enhancing global governance: Towards a new diplomacy? Edited by Andrew F. Cooper, John English, and Ramesh Thakur United Nations a University Press TOKYO u NEW YORK u PARIS 6 The United Nations University, 2002 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University. United Nations University Press The United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo, 150-8925, Japan Tel: þ81-3-3499-2811 Fax: þ81-3-3406-7345 E-mail: [email protected] (sales and marketing) [email protected] http://www.unu.edu United Nations University Office in North America 2 United Nations Plaza, Room DC2-2050-2058, New York, NY 10017, USA Tel: þ1-212-963-6387 Fax: þ1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University. Cover design by Andrew Corbett Printed in the United States of America UNUP-1074 ISBN 92-808-1074-X Library of Congress Cataloging-in-Publication Data Enhancing global governance : towards a new diplomacy? / edited by Andrew F. Cooper, John English, and Ramesh Thakur. p. cm. Includes bibliographical references and index. ISBN 92-808-1074-X 1. International organization. I. Cooper, Andrew Fenton, 1950– II. English, John, 1945– III. Thakur, Ramesh Chandra, 1948– JZ4850 .E54 2002 341.2—dc21 2002005674 Contents Preface................................................................. vii 1 Like-minded nations, NGOs, and the changing pattern of diplomacy within the UN system: An introductory perspective......................................................... 1 Andrew F. Cooper 2 The future of the UN Security Council: Questions of legitimacy and representation in multilateral governance . 19 W. Andy Knight 3 The new diplomacy at the United Nations: How substantive? . 38 David Malone 4 Why is the USA not a like-minded country? Some structural notesandhistoricalconsiderations ............................... 55 James Reed 5 Global civil society and the Ottawa process: Lessons from the movement to ban anti-personnel mines . ......................... 69 Maxwell A. Cameron v vi CONTENTS 6 The United Nations, NGOs, and the land-mines initiative: An Australianperspective............................................. 90 William Maley 7 Harnessing social power: State diplomacy and the land-mines issue................................................................ 106 Iver B. Neumann 8 Peace, justice, and politics: The International Criminal Court, ‘‘newdiplomacy’’,andtheUNsystem ........................... 133 Alistair D. Edgar 9 Between counter-hegemony and post-hegemony: The Rome Statute and normative innovation in world politics. ........... 152 Philip Nel 10 Industry regulation and self-regulation: The case of labour standards........................................................... 162 Virginia Haufler 11 Negotiating a code of conduct: A Canadian experience. 187 John English 12 Doing the business? The International Chamber of Commerce, the United Nations, and the Global Compact . 203 Brian Hocking and Dominic Kelly 13 Codes of conduct and children in armed conflicts . ........... 229 Deirdre van der Merwe and Mark Malan 14 Smarter, sharper, stronger? UN sanctions and conflict diamonds in Angola . ....................................... 248 Kim Richard Nossal 15 Securityinthenewmillennium................................... 268 Ramesh Thakur Acronyms.............................................................. 287 Contributors........................................................... 290 Index................................................................... 293 Preface This edited collection is derived from papers presented at two confer- ences, one in Canada in September 1999 and another in Japan in July 2000. The conferences focused on the theme of the United Nations and ‘‘new diplomacy’’. Participants at these conferences analysed both the structural and the situational conditions opening up (and imposing con- straints) on a diplomacy that is changing in form, scope, and intensity. The operating assumption guiding the research project was that alterna- tive sources of innovation were developing through bottom-up modes of leadership from both so-called ‘‘like-minded’’ states and the enhanced role of civil society in contemporary diplomacy. The questions of how and where these alternative leadership forms were expressed through the UN system underpinned the papers and the discussion. To gain a better insight into this dynamic the Canadian conference ex- amined two specific cases, namely the development of the Ottawa Treaty to ban anti-personnel land-mines and the campaign to establish an inter- national criminal court. In the case of the land-mines initiative, the trigger- ing effect of organizational frustration was brought to the fore. Deemed to be an inadequate means of resolution, several states and a variety of NGOs mounted what can be called an ‘‘end run’’ around the Conference on Disarmament. In some ways, therefore, the land-mines case rep- resented a challenge to the established power/institutional structure. In other ways, though, the case demonstrates the capacity of the UN system to allow improvisation and innovation. Similar lessons can be drawn vii viii PREFACE from the case of the International Criminal Court. As in the land-mines episode, the creation of the ICC faced formidable opposition not only from members of the P5 in the UN Security Council but also from lead- ing jurists associated with the existing International War Crimes Tribu- nal. Yet, akin to the model developed on land-mines, support for the ICC was mobilized by a diverse coalition of like-minded countries and NGOs. Both of these cases were thought by the participants at the conference to emphasize the diffuse and uneven nature of the emerging international system. While some expressed concern that the effect of these initiatives would be to overextend the UN system, others expressed enthusiasm about the implications these ‘‘end runs’’ would create in terms of frag- menting authority. The Tokyo conference helped sustain a variety of themes that emerged from the Canadian discussions. Moreover, a number of other important points were developed more fully. For one thing, the question of the ge- neric or exceptional quality of the land-mines and the ICC campaigns was examined. Although the land-mines and ICC cases possessed many unique features, both practitioners and academics felt that there may be lessons to be learned from the land-mines treaty/ICC for other humani- tarian issues such as child soldiers and small-arms trafficking. For another thing, the question of individual as well as collective leadership within the United Nations was brought into the equation. In both the land-mines and the criminal court campaigns, the majority of the P5 on the Security Council were opposed until well into the campaign, yet the Secretary- General gave strong support to the movement, especially in the case of the land-mines campaign. Finally, the question of whether
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