No. 1 [46]/2013

ROMANIA “CAROL I” NATIONAL DEFENCE UNIVERSITY CENTRE FOR DEFENCE AND SECURITY STRATEGIC STUDIES

No. 1 [46]/2013

Trimestrial scientific magazine acknowledged by CNATDCU, indexed in CEEOL, ProQuest, EBSCO, IndexCopernicus international databases

“CAROL I” NATIONAL DEFENCE UNIVERSITY PRINTING HOUSE BUCHAREST, ROMANIA Editorial Board:

Teodor FRUNZETI, PhD, Professor, “Carol I” National Defence University, Romania, chairman Gheorghe CALOPĂREANU, PhD, Associate Professor, “Carol I” National Defence University, Romania Prof.univ.dr. Vasile BUCINSCHI, Professor, “Carol I” National Defence University, Romania Ion ROCEANU, PhD, Professor, “Carol I” National Defence University, Romania Stan ANTON, PhD, Lecturer, “Carol I” National Defence University, Romania Alexandru BOGDAN, PhD, Professor, Acad., Biodiversity Centre, Romanian Academy, Romania Boguslaw PACEK, PhD, Associate Professor, National Defence University, Poland Gabor BOLDIYSAR, PhD, National University of Public Service, Hungary Prof.univ.dr. Bohuslav PRIKRYL, PhD, Professor, National Defence University, Czech Republic John L. CLARKE, PhD, Professor, “George C. Marshall” European Centre for Security Studies, Germany Adrian GHEORGHE, PhD, Professor Eng., Old Dominion University, USA Libor FRANK, PhD, Institute for Strategic Studies, Defence University, Czech Republic Dario MATIKA, PhD, Institute for Research and Development of Defence Systems, Croatia Ilias ILIOPOULOS, PhD, Professor, Hellenic Naval War College, Greece Pavel NECAS, PhD, Assoc. Professor Dipl. Eng., Armed Forces Academy, Slovakia Dana PERKINS, PhD, UN Security Council, USA

Scientific Board: Cristian BĂHNĂREANU, PhD, Researcher Nicolae DOLGHIN, PhD, Senior Researcher Alin BODESCU, PhD, Lecturer Constantin IORDACHE, PhD, Professor Cristina BOGZEANU, Junior Researcher Constantin MOŞTOFLEI, PhD, Senior Researcher Dorel BUŞE, PhD, Associate Professor Visarion NEAGOE, PhD, Professor Răzvan BUZATU, PhD Alexandra SARCINSCHI, PhD, Senior Researcher Ion CHIORCEA, PhD, Professor Richard STOJAR, PhD Gheorghe DEACONU, PhD, Associate Professor Costică ŢENU, PhD, Professor Mihai-Ştefan DINU, PhD, Researcher Mihai VELEA, PhD, Professor Petre DUŢU, PhD, Senior Researcher Stanislaw ZAJAS, PhD, Professor

Editors:

Stan ANTON, PhD, Lecturer, editor-in-chief Daniela RĂPAN, deputy editor-in-chief Mirela ATANASIU, PhD George RĂDUICĂ, PhD

68-72 Panduri Street, Sector 5, Bucharest, Romania Telephone: (021) 319.56.49; Fax: (021) 319.55.93 E-mail: [email protected] Web sites: http://impactstrategic.unap.ro; http://cssas.unap.ro

Authors are fully responsible for their articles’ content, according to the provisions of Law no. 206/2004 regarding good conduct in scientific research, technological development and innovation. Opinions expressed within published materials belong strictly to authors and do not represent the position of CDSSS/NDU.

ISSN 1842-9904; ISSN-L 1841-5784 (online edition)

STRATEGIC IMPACT No. 1/2013 STRATEGIC IMPACT

CONTENTS

EDITORIAL - STRATEGIC IMPACT, 12 YEARS OF PUBLICATION...... 5

POLITICAL-MILITARY TOPICALITY

Asymmetric, Unconventional and Hybrid Actions in 21st Century Warfare Teodor FRUNZETI, PhD...... 6 Conflictuality Around the World in 2012 – Source of Instability and Insecurity Petre DUŢU, PhD; Vasile DOBRESCU...... 16

GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES

Globalization, Regionalization, National Security Alexandra SARCINSCHI, PhD; Cristian BĂHNĂREANU, PhD...... 23 Strategic Tendencies of Some Major International State Actors in 2012 Mihai-Ştefan DINU, PhD...... 33

NATO AND EU: POLICIES, STRATEGIES, ACTIONS

Perspectives of the European Union – Between Political Integration and Disintegration Mirela ATANASIU, PhD...... 40 Towards a European Union Civil Code? (Part I) Valentin-Stelian BĂDESCU, PhD; George-Teodor RĂDUICĂ, PhD...... 49

SECURITY AND MILITARY STRATEGY

Conceptual Insights of Strategic Shock and Strategic Surprise Stan ANTON, PhD...... 58 The Approach to the “Hub And Spokes” Concept in the Economic and Military Fields Gheorghe MINCULETE, PhD; Polixenia OLAR...... 68�� Maritime Piracy – an Issue of Legal Inconsistency to Security Threats Oana ADĂSCĂLIŢEI...... 80

ANALYSES, SYNTHESES, EVALUATIONS

Redefining the role of the State as a Security Guarantor in the Era of Globalization Filofteia REPEZ, PhD; Cătălina TODOR...... 88 General Considerations Concerning the Legal Status of International Intergovernmental Organizations Mădălina Virginia ANTONESCU, PhD��...... 95 The 21st Century Challenges and Counteraction Ways: Biological Weapons and Molecular Biology Research Lucia Elena IONESCU; Nicoleta Simona BICHERU...... 103��

STRATEGIC IMPACT No. 1/2013 STRATEGIC IMPACT

POINTS OF VIEW

The Conflict of Values in the Muslim World and its Impact upon Security Iulian CHIFU, PhD...... 111 The New Meaning of National Security Concept from the Energy Perspective Laurenţiu Victor PACHIU...... 128 Reaching Set-targets in Multinational Negotiations. Formal versus Informal Debates in NATO Anamaria IORGA...... 138

REVIEW

Science in the Mirror...... 146

CDSSS’ AGENDA

Activities of the Centre for Defence and Security Strategic Studies, January - March 2013 Daniela RĂPAN...... 148

Guidelines for Authors...... 149

STRATEGIC IMPACT No. 1/2013 STRATEGIC IMPACT EDITORIAL

STRATEGIC IMPACT, 12 YEARS OF PUBLICATION

STRATEGIC IMPACT bilingual quarterly scientific journal edited by the Centre for Defence and Security Strategic Studies is a “scientific journal with acknowledged prestige in the field of Military Science, Information and Public Order”, according to National Council for Titles, Diplomas and Certificates (CNATDCU). Confirmation of the journal’s scientific quality is also given by its indexation in CEEOL (Central and Eastern European Online Library, Germany), EBSCO (USA), ProQuest (USA) and Index Copernicus International (Poland) international databases, as well as in library virtual catalogues of prestigious foreign institutions such as NATO Multimedia Library and several universities with military profile in Poland, Czech Republic, Hungary, Estonia and so on. We are glad to share with our readers the fact that in 2013 we celebrate twelve years since the first issue of STRATEGIC IMPACT. Further on, we are going to signal new aspects concerning CDSSS leadership and the members of the Editorial and Scientific Board. In March, Mr. Petre Duţu, PhD senior researcher, ended his long and fruitful scientific activity in CDSSS, whose director he was in the last period. Nevertheless, the journal will continue to benefit from his experience as a member of the Scientific Board. The new director of the Centre for Defence and Security Strategic Studies and editor-in-chief of STRATEGIC IMPACT is Colonel Stan Anton, PhD lecturer. To the prestigious academics of Editorial and Scientific Board added new members from Romania and abroad, which will facilitate the peer review process that watches over the quality of the published articles. The main objectives that the editors have set for this year are, on the one hand, to continue the extending of the number of databases for indexation and, on the other hand, to broaden and consolidate relations with institutions and research centres worldwide. The articles in this edition circumscribe in the typical topics of the journal: political-military topicality; geopolitics and geostrategy; NATO and EU policies, strategies and actions; security and military strategy; analyses, synthesis, evaluations and points of view. Our readers will also find the traditional column depicting the activities of the CDSSS for the first trimester of this year and a review of the book “Science in the Mirror”, coordinated by Lt.Gen. Teodor Frunzeti, PhD professor and Cpt. Marinel-Adi Mustaţă, PhD. In the end, we would like to point out that no. 2/2013 of the journal shall be dedicated to the theme “The Impact of European Union Member States’ Status and Roles upon European Security Evolution” which is going to be approached within the international seminar that CDSSS is organising at the end of May.

The Editors

English, French, Turkish, Russian, German, Arabic, Greek, Chinese, Romanian

STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY ASYMMETRIC, UNCONVENTIONAL AND HYBRID ACTIONS IN 21ST CENTURY WARFARE

Teodor FRUNZETI, PhD*

While the nature of warfare is not changing, the paradigm specific to the last century. The nature physiognomy of conflicts and warfare alters and of the conflict has evolved dramatically in the evolves constantly. It is obvious that interstate wars last decade, beyond conventional battles between will not totally disappear but the conflict per se will armies of nation-states, towards irregular conflicts get new dimensions with the adaptation of potential and instability. This trend occurs worldwide and is combatants to progress in science and technology an important feature of the security environment and especially to the new characteristics of the of the twenty-first century. international security environment. Most armed conflicts in the last decade took There will be frequent asymmetric, unconven- place either between sub-state groups or between tional and hybrid actions in the 21st century wars such groups and conventional military forces, so which will affect their privacy rendering them un- that the probability that the next threat to nation- repeatable. al and international security come from national Keywords: international security environment; armies is reduced. According to the Uppsala Con- 21st century warfare; asymmetric actions; flict Data Program (UCDP), in 2011 there were 27 unconventional actions; hybrid actions. intrastate armed conflicts and only one interstate conflict1, but globalization makes the differences Introduction and conflicts in a state to have an effect on neighboring states and even on other distant countries. The events of the first decade of the twenty- The conflict in a state or region may favor the first century have demonstrated that, in terms of development of transnational organized crime net- the international security environment, change works, can develop into civil war that often leads is the only constant. There have been identified to humanitarian catastrophe and massive refugee new risks, dangers and threats of global scale and flows or can cause the formation of “sanctuaries” high intensity, such as terrorism, proliferation of of terrorism and dissemination of radical ideolo- weapons of mass destruction, organized crime, gies. and other processes and phenomena which, in The tasks to be undertaken to counter these addition to the benefits to human society, can risks, dangers and security threats will not entail have a negative impact such as globalization hiring an army against traditional national army, that intensifies those listed above. All these but an unconventional conflict against non-state items cannot be understood through the security enemies using asymmetrical tactics.

* Lieutenant�� General professor Teodor FRUNZETI, doctor in Military Sciences and in Political Sciences, is the rector and commandant of “Carol I” National Defence University in Bucharest, Romania. E-mail: [email protected]

STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY

1. Considerations on the international for the near future is foreseen a dramatic decrease security environment in production as available reserves, not being as easily accessible as before, will require increased The issues of the twenty-first century warfare operating expenses that a developing country cannot be analyzed without reviewing the main cannot afford.3 Some countries are already in elements of the current international security dispute over oil resources in the Arctic, Central environment, since the study is not limited to armed Asia, Africa and the Middle East, creating the forces and theaters, but it must take into account possibility of the outbreak of proximity wars. the impact of political, economic, social, cultural, In addition to these issues of utmost technological and ecological factors. These factors importance, the international security environment do not act independently but are related, and the is characterized by the risks, dangers and threats effects are felt in all areas of life. derived from: reductions in water, coupled with The demographic changes represent one of population growth, climate change and increasing the factors with repercussions in all areas of life, natural disasters, the development of a new including in the war area. The security environment dimension of war, the space one, and the desire of this century is and will continue to be affected by of certain international actors to achieve space four main trends: the relative demographic weight superiority etc. Also, we must report reported to of developed countries will drop by about 25%, the be unable to stop the phenomena that originate in economic power shifting to developing countries�; or are stimulated by the problems listed above, the workforce in developed countries will age such as illegal immigration, terrorism, corruption, and its number will decrease, thus increasing organized crime, proliferation of weapons of mass the demand for migrant workers; the population destruction, piracy, failed states, etc. increases and will increase the most in the poorest The processes, phenomena and items listed countries, for the first time in history, the world determine an increase in complexity and is increasingly urbanized and the largest urban unpredictability of crises and conflicts. The centers are formed in the poorest countries.2 The asymmetric, unconventional and hybrid actions growth and concentration of population in urban will dominate the twenty-first century based on areas of poor countries, coupled with the decrease discontent, resentment, perceived inequalities and of population in the developed countries have inherited ideologies that constitute the engine of obvious implications on conflictuality, in that it terrorism, insurgency and criminality. State, non- can form centers of crime and extremist ideologies state actors and individual participants will be and urban insurgency may develop. involved, which will operate at both local and In economy, it is considered that the world faces global level, anywhere in the world where they its worst economic and financial crisis since the can get an advantage over their opponents and Great Depression of the '30s to the present. Most objectives. Thus, this century is characterized developed economies of the world have been or by blurring the distinction between military and are still in recession, emerging markets recorded civilian regarding the use of violence and the threat a significant decrease in growth and developing of force. The greatest risk of causing a large-scale countries are fully exposed to external shocks. The conflict will be in areas economically vulnerable, poor resistance to impact of the latter makes that poorly governed, subject to demographic and the impact of the financial crisis on developing environmental pressures, characterized by states to be more powerful than the developed deep inequalities, but also with a rich history of economies. It also leads to the concentration conflictuality. of military power – at least in terms of defense So, we can say that the current international budget, and also the development and innovation security environment, particularly the 21st – in some countries that have the ability to increase century war will be characterized by several spending in this regard. strategic trends, such as the growing importance The energy problem is another factor that has of information, the development of irregular and grown in the twenty-first century. Almost half of conventional capabilities, the increased importance the world's oil supplies, the main source of energy, of non-military aspects of the war, the expansion is concentrated in 116 large-scale oil fields and of the conflict beyond the traditional battlefield,

STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY force protection improvement, the increase of during a war. For example, Pascal Boniface nuclear power and of the degree of difficulty of the published in November 2001, his “Les Guerres interventions environment.4 de Demain”, which comes with new elements on In what follows, we will analyze the complexity the typology of wars.9 Referring to future wars, he and interdependence of warfare in the twenty-first mentions 24 types of conflicts, from civilizational century war in conjunction with the new features wars to those who use cyberspace10. of the international security environment. The most popular typology in the mentioned period is the one proposed by Thomas X. Hammes, 2. Complexity and interdependence of combat in his “The Sling and the Stone. On War in the 21st operations in the twenty-first century warfare Century”11, which talks about four generations of war. In fact, this classification was originally made 2.1. Warfare in the 21st century by William S. Lind, Keith Nightingale, John F. Constant threat to life of human societies, Schmitt, Joseph W. Sutton and Gary I. Wilson12 in throughout history war has fueled numerous works 1989. that denounced the terrible and evil character The twenty-first century is characterized by two that accompanied it. Also, it has never ceased to major paradigms. Western countries are constantly attract interest, provoking judgment to grasp its at war at distance for their interests. In addition, they true nature. Many theorists have been keen to put into practice the doctrine of “zero deaths”. For describe this multifaceted reality, to understand this, they either call mercenaries and/or the power how it functions, to determine any limiting and, on of technology13. If to these considerations is added civilian level, eradication principles. the fact that, currently, non-state groups as religious From Francisco de Vitoria to Carl von extremists and narco-traffickers are actors that are Clausewitz, from Alberico Gentili to Emer de involved in armed conflicts, then we have the full Vattel, from the question of “just war” to that of picture of what future warfare means and will mean. “absolute war”, through “regulated wars” and Basically, the war in the twenty-first century, in those of civil wars, it seems that the reflection on addition to conventional warfare between states, this social phenomenon has fluctuated between asymmetrical, unconventional and hybrid actions, three main issues: theological-moral, legal and worn usually by non-state actors, manifest more political, anthropological and political.5 strongly. Since the end of the Cold War, new reflections on the phenomenon of war have occurred: the idea 2.2. Correlation between asymmetrical, of a “rosy future” warfare (Philippe Delmas) or on unconventional and hybrid actions in 21st century the contrary, that of an obsolete war (John Mueller).6 warfare However, after the events of September 11, 2001, the general trend in academia and journalism was 2.2.1. Asymmetrical actions in 21st century to believe that the world would enter in an era of warfare asymmetric conflicts.7 Current wars, that is those occurring after 2001, On the other hand, the current thinking in include, among other forms of warfare asymmetrical strategic studies does not suggest any ontological actions. These are not new14, they have been present or epistemological rupture from the reflection at throughout human history, in almost all the wars of the beginning of the end of the bipolar era. Rather, the past15. What is new about twenty-first century it is about implementing these new conflicts in a wars, in terms of asymmetric actions, is that they general typology which often takes as its starting are waged almost exclusively by non-state actors point a triptych between intrastate, civil and other (for instance Islamist neoterorism, degenerated conflict. guerrillas, transnational criminal organizations, Some believe that, after September 11, 2001, narcoterrorist, violent irrational entities). the works on the types of war have changed their Asymmetry occurs at strategic, operational or approach on this phenomenon.8 This event triggered tactical levels. Basically, the asymmetry in a war is an unprecedented rebound of war studies. Thus, about adapting to an opponent or a security threat. researchers have started to pay attention and time Partially or totally, this adaptation can be integrated to explaining the fundamental changes occurring into a more conventional formula of confrontation,

STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY moving and expanding the field of conflict from a Therefore, knowing the mechanisms of simple battlefield to political and media space. asymmetric actions leads to understanding the In addition, today's opponent is a priori incom- nature of objectives and identifying the logics prehensible, elusive and irrational, because of the which allow belligerents to achieve their intended objectives, organization and/or its methods used to purpose18. The enemies in any war, asymmetric achieve the proposed goals. The opponent is in- or not, build their global strategy around three comprehensible because its resources (human, fi- dimensions: the purpose of the action (for instance nancial, informational) are much lower than those overthrow a regime and putting a new government of its enemy. Thus, in Afghanistan, the insurgent in place), available resources (finances, personnel, forces are much lower in number, equipment and weapons) and the path chosen to achieve the means of warfare and not only, compared to the objective (by force or political means). multinational military coalition forces operating Asymmetric actions are based on a strategy also there under a UN mandate. However, the insur- asymmetric. The fight against asymmetric strate- gents, using means of warfare often improvised, gies is fought at three levels19: information, strat- cause human and material losses to coalition forc- egy and action. They are required to be addressed es. The imperceptible epithet given to the opponent by a comprehensive, integrated and particularly takes into account the fact that it is not organized in offensive manner. Each of the three components military structure similar to that of a national army, has a decisive role in waging asymmetric actions. but acts individually or in small groups and seek Their achievement, apparently distinct, is in fact fulfillment of concrete, tangible objectives and interdependent. have a great psychological impact on the popula- Thus, the information is not intended only for tion and enemy forces. In this respect, a great ex- the normative knowledge of people and structures ample is the open networks like Al-Qaeda, where responsible, but rather for understanding the the network elements appeared and disappeared motivations, objectives and their lines of force. in a continuous manner, and could not be vulner- In other words, it must penetrate their mental able to indirect actions16. In addition, it seems that universe, which means that belligerent should a part of the population provides concrete, material rely less on the benefits of technological and/or and moral support. Frequently, after executing a human resources and more on the full integration combat action, this elusive opponent is “hiding” of information in decision making process. among the population. The opponent is irrational Regarding the role of the action’s strategy, it because it opposes a numerically and technologi- involves taking a comprehensive and antiterrorist cally superior enemy, and not only, but also be- approach of the offensive and defensive means, cause they do not care about the civilian victims civilian and military, counter-terrorist and accidentally in their area of action. antiterrorist, political, economic and social. The At the same time, asymmetrical actions cover goal is not to be limited to removing the asymmetric a wide spectrum of modes from non-violence to force, but to transform the conditions of his action political violence, from terrorism to certain types in the sense of legitimacy among the population of information warfare. The latter is considerably that supports it politically, morally and even facilitated by the revolution in information and logistically. For example, a good strategy against communication technologies both states and non- terrorism must ensure exit doors for the asymmetric state actors have access to. However, asymmetric opponent. In this way, the latter has the power to actions are defined by the fact that one of the place the action in a symmetrical perspective, players does not respect the common rules set. In hence the need to reduce the drama of negotiations case of a war, the rules are often established for the on necessary concessions and recycling the former benefit of one of the protagonists, who thus find a enemy combatants in intelligence or psychological way to ensure, once again, their superiority. It is action units. only natural that, after trying to follow the rules The action itself is designed to provide of the game, which did not favor them, the enemy information control before and after the decision, seeks to bypass them in order to restore balance, but also the communication itself. Beyond the resuming their upward or initiative to compensate informational dominance the U.S. conceptualized for a weakness that otherwise would be fatal17. in the first Gulf War (1991), which favors control

STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY of data and knowledge, it means controlling the convince the population, state institutions, internal influence, especially on the local population, which and military security forces about the futility of is the key of asymmetric warfare. their struggle and its exorbitant cost. As an instrument of political violence, guerrilla 2.2.2. Unconventional actions in 21st century is designed as a military strategy in the service warfare of a political insurrection action. There are two Unconventional actions are waged by both historical variants: nonstate and state actors. The latter calls for such • a revolutionary version, aiming to end an battle tactics and procedures when they counteract oppressive and illegitimate regime (for instance the actions of non-state actors. Therefore, we can Cuba between 1953-1958 or South Vietnam from say that unconventional actions are a response to 1954 to 1975); unconventional threats (terrorism, organized crime • a nationalist variant whose aim is to end the and so on). They are generated by three new factors colonial regime or to drive a military occupation that have emerged in modern commitments20: force (in the case of Algeria between 1954-1962). • populations – they are more often the stake of The rebels need time to organize their political military interventions either to protect them from machine and engage a process to generate the consequences of a conflict, or to facilitate their the military force. This period will be used to return to their country; strengthen their legitimacy among the population. • modern employment conditions – they are Once the desired power acquired, overthrowing the different from the past ones, as we are witnessing adverse regime or removing a foreign occupation a voluntary or involuntary involvement of army will be done through the classic victory. So populations in a conflict where the belligerents are they have to practically plan and lead a military no longer separated by a linear front and where the strategy of attrition against regular and internal distinction between civilian and military targets is security armed forces as well as an indirect strategy least respected; that appeals to terrorist methods, propaganda and • multiplication of actors in a theater – it is about disinformation designed to demoralize the legal the political and local authorities, international authorities, combining them in an integrated organizations, governmental organizations, NGOs, strategy. Therefore, unconventional armed violence the forces engaged. is not at the reach of all the organizations. On the other hand, the unconventional actions To avoid the enemy classic military superiority, are taken by non-state actors who, in order to achieve the militarized actions will be taken with a different their political, ideological or religious goals, use approach from conventional combat22. In this the asymmetric warfare methods and procedures. regard, the following measures are adopted: The main reason for such a practice is the lack • not accepting a decisive battle in which of human, material, financial and information superiority in mobility and firepower of regular resources in relation to those of the government forces may be predominant; forces. Overthrowing by the non-state actors the • renunciation of military devices marking a unfavorable balance of forces in armed combat is certain front line in the field, the rebels will take a done by generating effects compensating to a large maximum dispersion from adverse device; extent, the differences from the institutional and • availability of safe regrouping area, where state opponents. the units will be reconstructed between the two Exercising the unconventional armed violence operations, this „sanctuary” must be difficult for applies to combat methods of asymmetric systems regular forces or far enough from the enemy bases equipped with physical military capabilities too to give the guerrilla members time to withdraw. low to cause damage that threatens the major center Properly arranged, this „sanctuary” will serve as of a modern classic army or the gravity center of a tactical or operational logistics base. state. It describes the manner in which militarized Professional Western armies equipped the organizations must compensate for this weakness same as the American army, that is relying on by indirect actions on the opponent’s psyche, on the conjunction of the trajectory precision and that of potential allies and of the population21. development of sensor networks can overcome The effects pursued all have a common point: to certain technical difficulties they faced in the past.

10 STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY

From this point of view, we can say that: alienate the population in order to turn it against • geographical distances disappear under the the government; terror to remove a portion of the effect of air-mobility and overall control of the population that they cannot control. third dimension, today, there are no inaccessible places geographically; 2.2.3. Hybrid actions in 21st century warfare • identifying significant military bases and units Wars of the twenty-first century include, as becomes easier, there are observation systems conflicts after 2001 have shown, and will include capable in all weather conditions to identify the hybrid actions as a form of armed struggle. positions of military structures and even of isolated Therefore, we can say that in the future there is fighters; a tendency of a hybridization of the war, which • targeting/ identification / processing / will take place on two levels: that of the modes of evaluation loop is reduced to a few tens of minutes action and that of the actors and their alliances25. and authorizes strikes on opportunity targets of The hybrid actions combine conventional, small volume or dimensions; asymmetric, terrorist, of organized crime • collateral damage is less extensive than in the capabilities in order to lead to unique and often past, by the accuracy of fire, combined with the innovative actions and can simultaneously missile and vectors’ depth; reveal symmetry and asymmetry. Firstly, it's a • classic conventional armed forces have hybridization of the modes of action. Guerrilla-type the capacity to fight at night and in any weather terrorist or organized crime organizations seek to conditions, while guerrilla has no such capacity. acquire the skills and abilities specific to national Among the enemy asymmetric influencing armies: electronic and cyber war, drones, surface- forms23, there are: to-air missiles with associated radars. They remain • decredibilization achieved through intimida- in the line of Mao's theory of revolutionary war, tion, using military methods (sniping, obstacles, but from now on, state armed forces look, in turn, mines traps, ambush) and non-military methods to expand their asymmetric warfare capabilities as (popular events, press campaign, rumors, kidnap- the statements of the 2009 Iranian armed forces’ pings, assassinations); commanders show26. • paralysis achieved through operational The convergence of techniques and modes of and tactical movements performed by military action renders the dichotomy between symmetry methods (sabotage, use of surface to air missiles, and asymmetry increasingly vague. It is rather a mines, bombs, ambushes, suicide attacks) and non- systematic combination of the two, especially since military methods (strikes, popular uprisings); the hybridization of the alliances between state and • dislocation, using both military methods non-state actors allows these alliances to regroup (bombings, assassinations, kidnappings of military their symmetric and asymmetric capabilities. The leaders and civilians, suicide) and processes non- strategic alliance between Hamas, Hezbollah, military (civilian blockade). Iran and Syria is the archetype of another type of At the same time, the unconventional actions hybridization. For example, deterring Iran towards are aimed at: Israel is based on the ability of its allies to open • degradation of military effectiveness of a three fronts simultaneously against this country, classic force through: denial of the enemy force two of which are asymmetrical. The respective capacity to achieve a decisive military victory by alliances are not specific to a new kind of war, but decredibilizing the military, clearly showing the they make the distinction between small or large public and government the operational failure of and asymmetrical and symmetrical distinction the armed forces; between conflicts look obsolete. This reality • paralysing the field deployment through delay involves a difficulty in representing the forces. actions at the operational and tactical level and On the other hand, in the future, most dislocating the enemy's main effort by isolating capable opponents may seek to combine the and beheading all or part of the enemy army; actual destructive capacity with traditional war • controlling the population in order to turn it asymmetric or catastrophic forms27. In this sense, against the institutions by conquering it fully or many analysts speak of a mixture of forms of partially. To this end, they seek to24: seduce and war by combining the increasing frequency and

STRATEGIC IMPACT No. 1/2013 11 POLITICAL-MILITARY TOPICALITY lethality. This construction is described most often as a hybrid war, where the opponents will most 2.2.4. Relations between asymmetric, likely present unique hybrid threats targeting the unconventional and hybrid actions in this century vulnerabilities of the state/states attacked. warfare Therefore, the hybrid actions will be a The analysis of the ways in which asymmetric, simultaneous mixture of all forms of war unconventional and hybrid actions occur in this (conventional, asymmetric, terrorist) and century warfare and also that of the actors that use corresponding tactics28. The criminal activity also them, highlights two essential characteristics of can be considered a part of the problem because the relationships between them: complexity and it destabilizes the local government the most or interdependence. encourages the insurgents’ fight by providing The complexity of the relations between them with resources. Virtually, non-state actors asymmetric, unconventional and hybrid actions using hybrid actions perform an innovative mix lies in: of strategies, tactics, technologies consistent with • the ways in which these actions are taken their strategic culture, geography and targeted within a conflict – usually, the asymmetric modes objectives. are preferred; The hybrid actions incorporate a full range • the non-state actors who use these types of of modes of warfare, including the conventional actions – usually those players are about the same. ones, tactics and asymmetrical forms, terrorist It is about terrorist groups, guerrillas, insurgents, acts including blind violence and coercion and organized crime. Of course, state actors also use, in criminal disorder. These multi-modal activities response to attacks by non-state actors mentioned can be carried out by separate units or by the same above, unconventional and hybrid actions; unit, but, in general, from operational and tactical • content and nature of the relations with the point of view, they are led and coordinated in the people in the combat actions’ area – in asymmetric, primary battle space to achieve synergistic effects unconventional and even hybrid actions, non-state in the physical and psychological dimensions of actors are always looking to attract people to their conflict29. The effects can be obtained at all levels side, or to demoralize, terrorize and frighten them of war. Thus, the compression of war levels is not to support government forces; complicated by a simultaneous convergence • strategies, tactics and means of warfare of modes. The novelty of these innovative used – non-state actors use any strategies, tactics combinations and adaptations of existing systems and conventional combat means, modern and by hybrid actions represents another complexity of improvised to achieve their goals. Sometimes the current century warfare. even state actors resort to hybrid modes of action The hybrid forces can effectively incorporate to combat non-state actors, in their capacity as advanced technological systems in their structure belligerents; and then use them in manners that are beyond • venue of warfare – very often, asymmetric, the parameters initially set. From a functional unconventional and hybrid actions are conducted perspective, the hybrid military forces are superior in urban territory, densely populated areas, difficult to Western forces in the hybrid warfare they are to monitor and control by the state police and waging against these ones30. military forces; The hybrid actions combine conventional the • diversity of relationships between various lethality of conventional conflict with fanatical non-state actors during the course of asymmetric, fervor and longer duration of asymmetrical unconventional and hybrid actions – there are warfare. In hybrid conflicts, the future adversaries relations of cooperation and collaboration among (states, groups of states or non-state actors and the various non-state actors in current armed individuals) will exploit the access to modern conflicts, of logistical or financial support, and military options, including the coded control sometimes when their general interests do not systems, portable air-to-ground missiles and other coincide, conflicting relations may occur. lethal systems that favor prolonged insurrections The interdependence of the relationships using ambushes, improvised explosive devices between asymmetric, unconventional and hybrid and coercive assassinations. actions is given by:

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• the relative proximity of the strategies, tactics and the contemporary period is marked by the and means of warfare used by non-state actors in increase of complexity of the method of waging it. conducting the conflicts they are involved in. In The legal, technological, social and environmental the brief description of each type of action are context specific to the 21st century will contribute presented the strategies, tactics and combat range significantly to the increase of its complexity and means used; will create major challenges for those engaged in • the objectives pursued by non-state actors are the planning and conduct of operations. The states, roughly similar; asymmetric, conventional and developed and integrated into the international hybrid actions are aimed at weakening the power community, will comply with international rules and influence of local and central authorities, on the use of new technologies, human rights and discrediting the security and military forces, the environment, while it is possible that the poor manipulating the population and sowing distrust and poorly integrated states, and some non-state within the government; actors, to violate international law, using forbidden • all modes of action are directed against unconventional means. governments, local authorities, the military Although the security environment of the and security forces of the country where the twenty-first century is particularly complex, armed conflict occurs, seldom asymmetrical, however, some trends can be drawn regarding the unconventional or hybrid actions are not aimed at armed conflictuality and warfare. In this context, military forces, government and state institutions it is noted the development of three main types of with security responsibilities; military action – asymmetric, unconventional and • the effects of asymmetric, conventional and hybrid – which have complex interdependence hybrid actions are cumulative and act in the same relations. Hence: “... each war, each armed conflict direction and meaning. The effects pursued by has specific unrepeatable elements, which confer any way of action, similar or not, contribute to its own physiognomy, totally different from discrediting the local and central authorities, of the previous and future conflicts”31. military and security forces; The adoption of such tactics by state and • the modes of action takes place around the non-state actors as the main way to impose their same physical and virtual space. The asymmetric, own combat objectives against advanced armies conventional and hybrid actions, occur both in the represents the key characteristic of modern physical, real, tangible space of densely populated warfare. The access facilitated by the globalization settlements and in cyberspace. to light weapons, as well as the information and communication technologies will increase the Conclusions threat of irregular shapes of war toward which the international community will have to adopt a It can be said that the future operational clear common position to provide assistance and environment will be characterized by a constant security for the affected population. and rapid change. The trends manifested in the economic, demographic, and climatic NOTES: resources will generate at local, regional, and global level a competition of interests which, in This paper was supported by the National turn, will exacerbate the tensions and extremist Council for Scientific Research, CNCS- manifestations. The frequency of intrastate conflicts UEFISCDI, by grant under project number PN- between ethnic, tribal, religious or political groups II-ID-PCE-2011-3-0849. will intensify and increase, contributing to and being amplified by the fragmentation of states, 1 Uppsala Conflict Data Program, UCDP Actor transnational organized crime, competition for Dataset v.2.1-2012, Uppsala University, URL: http:// resources, migration and urbanization. The venues www.pcr.uu.se/digitalAssets/125/125404_ucdp_prio_ of these conflicts will vary: rural, urban, air, armedconflict-dataset_v4_2012.xls. maritime or virtual. 2�� Fred SCHREIER, Trends and Challenges From the above it can be concluded that the war in International Security: An Inventory, Geneva is practiced in different environments and contexts Centre for the Democratic Control of Armed Forces,

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Occasional Paper No. 19, 2010, URL: http://eee.dcaf. polemia.com/article.php?id=330, p. 4. ch/publications. 20 xxx, L’autre est- il un ennemi?, URL: http:// 3 Ibidem. pedagogie.ac-montpellier.fr/hist_geo/ defense/pdf/ 4 Ibidem. cercle/asymetrie_defense.pdf, p. 1. 5 Didier MOULINIER, Théorisations de la 21 x x x, Les forces terrestres en opération: quels guerre à l’époque moderne et contemporaine, URL: modes d’actions adopter face à des adversaires http://nouvelles-philosophiques.blogspot.ro/2009/05/ asymétriques?, URL: http://www.cdef.terre.defense.�� theorisations-de-la-guerre-lepoque.html. gouv.fr/publications/cahiers_drex/cahier_recherche/ 6 See Michel FORTMANN, “À l’Ouest rien de asymetrie.pdf, p. 39. nouveau? Les théories sur l’avenir de la guerre au 22 Idem, p. 41. seuil du XXIe siècle”, Études internationales, XXXI, 23 Adapted after: Les forces terrestres en opération: no. 1, Mars 2000, pp. 57-90; VENNESSON, Pascal, quels modes d’actions adopter face à des adversaires “Renaissance ou obsolète? La guerre aujourd’hui”, asymétriques?, URL: http://www.cdef.terre.defense. Revue française de science politique, 48 (3-4), Juin- gouv.fr/publications/cahiers_drex /cahier_ recherche/ Août, 1998, pp. 515-534. asymetrie.pdf, p. 44. 7 Marwan BISHARA, “L’ère des conflits 24 Idem, p. 43. asymétriques”, Le Monde diplomatique, Octobre 2001, 25 Aymeric BONNEMAISON, Stéphane DOSSÉ, pp. 20-21. La représentation pour penser la complexité, URL: 8 Richard GARON; Dany DESCHENES, Vers une http://www.defnat.com/site_fr/pdf/TRIBUNE-150910- nouvelle typologie des conflits?, URL: http://www.cda- DOSSE-BONNEMAISON.pdf, p. 2. cdai.ca/cdai/uploads/cdai/2009/04/garon07.pdf, pp. 9-10. 26 Idem, p. 3. 9 Pascal BONIFACE, Les guerres de demain, Paris, 27 Frank G. HOFFMAN, “Hybrid Warfare and Seuil, 2001, pp. 17-152. Challenges”, Joint Force Quarterly, Issue 52, 1st 10 Ibidem. quarter 2009,�� URL: http://www.smallwarsjournal. 11 Thomas X. HAMMES, The Sling and the Stone. com/.../jfqhoffman.pdf, p. 4. On War in the 21st Century, Zenit Press, SUA, 2006, 28 Ibidem. URL: http://books.google.ro/books?id=d2Ux1lz0PUg 29 Idem, p. 6. C&printsec=frontcover#v=onepage&q&f=false. 30 William. J. NEMETH, Future War and 12 William S. LIND, Keith NIGHTENGALE, Chechnya: A Case for Hybrid Warfare (Monterey, CA: John F. SCHMITT, Joseph W. SUTTON et Gary I. Naval Postgraduate School, June 2002) apud Frank G. WILSON, “The Changing Face of War: Into the Fourth HOFFMAN, op. cit., 2009, p. 6. Generation”, Marine Corps Gazette, October 1989, pp. 31 Eugen BĂDĂLAN, Teodor FRUNZETI, 22-26. Asymmetry and idiosyncrasy in military actions, 13 ��Eddine CHITOUR, Les guerres du XXIe siècle : Bucharest, Technical and Editorial Army Center, 2004, Avènement d’un nouveau monde, URL: http://www. p 23. agoravox.fr/actualites/international/article/les-guerres- du-xxie-siecle-61505. BIBLIOGRAPHY: 14 xxx, L’autre est- il un ennemi?, URL: http:// pedagogie.ac-montpellier.fr/hist_geo/defense/pdf/ 1. ANTOINE, Emmanuel, Le concept de cercle/asymetrie_defense.pdf, p. 1. conflit asymétrique a-t-il un sens? (I), URL: http:// 15 See Steven METZ, “La guerre asymétrique et alliancegeostrategique.org/2011/05/06/le-concept- l’avenir de l’Occident”, Politique Étrangère, 1/2003, de-conflit-asymetrique-a-t-il-un-sens-i/. p. 30. 2. BARTHOLOMEES, J. Boone (ed.), US 16 Cf. La guerre asymétrique, URL: http://www. Army War College Guide to National Security polemia.com/article.php?id=330, p. 3. Issues. Vol. I: Theory of War and Strategy (5th 17 Emmanuel ANTOINE, Le concept de Edition), Carlisle, 2012. conflit asymétrique a-t-il un sens?) (I , URL: http:// 3. BISHARA, Marwan, “L'ère des conflits alliancegeostrategique.org/2011/05/06/le-concept-de- asymétriques”, Le Monde diplomatique, Octobre conflit-asymetrique-a-t-il-un-sens-i/, p. 1. 2001, pp. 20-21. 18 Idem, p. 2. 4. BONIFACE, Pascal, Les guerres de 19 Cf. La guerre asymétrique, URL: http://www. demain, Paris, Seuil, 2001.

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5. BONNEMAISON, Aymeric; Stéphane SUA, 2006, URL: http://books.google.ro/book DOSSÉ, La représentation pour penser la s?id=d2Ux1lz0PUgC&printsec=frontcover#v= complexité, URL: http://www.defnat.com/ onepage&q&f=false. site_fr/pdf/TRIBUNE-150910-DOSSE- 12. HOFFMAN, Frank G., “Hybrid Warfare BONNEMAISON.pdf. and Challenges”, Joint Force Quarterly, 6. CHITOUR, Eddine, Les guerres du XXIe Issue 52, 1st quarter 2009, URL: http://www. siècle : Avènement d’un nouveau monde, URL: smallwarsjournal.com/.../jfqhoffman.pdf. http://www.agoravox.fr/actualites/international/ 13. LIND, William S.; Keith NIGHTENGALE; article/les-guerres-du-xxie-siecle-61505. John F. SCHMITT; Joseph W. SUTTON; Gary 7. FORTMANN, Michel, “À l'Ouest rien de I. WILSON, “The Changing Face of War: Into nouveau ? Les théories sur l'avenir de la guerre the Fourth Generation”, Marine Corps Gazette, au seuil du XXIe siècle”, Études internationales, October 1989. XXXI, no. 1, Mars 2000, pp. 57-90. 14. METZ, Steven, “La guerre asymétrique 8. FRUNZETI, Teodor, “Conventional and et l’avenir de l’Occident”, Politique Étrangère, unconventional in military actions”, in Strategic 1/2003. Impact, no. 4(45)/2012, Editura Universităţii 15. MOULINIER, Didier, Théorisations de Naţionale de Apărare „Carol I”, Bucureşti, pp. 6- la guerre à l’époque moderne et contemporaine, 14. URL : http://nouvelles-philosophiques.blogspot. 9. FRUNZETI, Teodor, “Arta militară ro/2009/05/theorisations-de-la-guerre-lepoque. contemporană”, în Revista de ştiinţe militare, nr. html. 1(18), An X, 2010, Editată de Secţia de Ştiinţe 16. SCHREIER, Fred, Trends and Challenges Militare a Academiei Oamenilor de Ştiinţă din in International Security: An Inventory, Geneva România, Bucureşti, pp. 40-57. Centre for the Democratic Control of Armed 10. GARON, Richard; DESCHENES, Forces, Occasional Paper No. 19, 2010, URL: Dany, Vers une nouvelle typologie des conflits?, http://eee.dcaf.ch/publications. URL: http://www.cda-cdai.ca/cdai/uploads/ 17. VENNESSON, Pascal, “Renaissance ou cdai/2009/04/garon07.pdf. obsolète ? La guerre aujourd’hui”, Revue française 11. HAMMES, Thomas X., The Sling and the de science politique, 48 (3-4), Juin - Août, 1998, Stone. On War in the 21st Century, Zenit Press, pp. 515-534.

STRATEGIC IMPACT No. 1/2013 15 POLITICAL-MILITARY TOPICALITY CONFLICTUALITY AROUND THE WORLD IN 2012 – SOURCE OF INSTABILITY AND INSECURITY

Petre DUŢU, PhD* Vasile DOBRESCU**

Today’s world is characterized by conflictuality with multiple definitions. In this way, it is meant for on all plans and levels. Several phenomena are the it to cover a complex reality, quite omnipresent in sources of conflict situations: globalization, climate the whole human activity domains and frequently changes, competition for resources, economic, with negative connotations. Conflictuality could be political, social and energy crises, international defined as a status of tension resulting from latent migration, the rapid increase of the world’s threats and hard to be identified, which could lead population. Some of its forms of manifestation to conflict1. Conflictuality is the ascertainment of could be violent and destructive. a difference and the search for a proper mediation, Conflictuality, as we know it nowadays, will while the crisis is “a thorough derangement still be existent in the following years, taking into related to questioning a system of principles consideration that there is no universal panaceum unthinkable by then”, and, last, the conflict, which for eliminating it or to drastically diminishing it. is “a confrontation between persons or groups of Though, by putting together constructive efforts of persons”2. the involved actors, it is possible to reach viable Comparing to crisis, conflictuality does not and lasting solutions. have a limited duration and it is not linked with Key-words: conflictuality; globalization; a specified event. Alike, conflictuality is distinct climate change; international migration; from the conflict, because it cannot be translated population; crisis; resources. by a confrontation3. In the evolution of international relations and 1. Preliminary conditions of states, conflictuality appeared to include the space which separates peace from conflict. It is a In the process from peace to war, three levels key-faze, because its development will result into can be distinguished. The conflictuality is a concept conflict. On the opposite side, its diminution will be the source of a new momentarily equilibrium, * Petre DUŢU PhD in Military Sciences is senior researcher, Bucharest, Romania. E-mail [email protected] ** Major Vasile DOBRESCU undergones his activity in “Codrii Vlasiei” Inspectorate for Emergency Situations of Ilfov County and is PhD student of “Carol I” National Defence University, Bucharest, Romania. Email: [email protected]

16 STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY because it will get to new forms of conflictuality. to allow a better understanding of the phenomena In our opinion, conflictuality can be defined which came up from the disturbances of the end of in three ways. Firstly, conflictuality is a status of the XXth century5. Conflictuality can take different two or more actors4 who strive for something (a forms between the actors of the international commodity, an opinion or an idea), linked with an scene. One of its forms of manifestation is interest which is looking to be satisfied. Practically, the social conflict. The nowadays economic- in this way, conflictuality creates or at least defines financial world crisis has negative effects not just the context and the climate where the actors strive in the economic plan, but also in the social one. for something. Then, conflictuality symbolises the Generally, the world’s financial institutions (for way in which a report is established and develops example, International Monetary Found, World between the actors who are looking to satisfy an Bank) recommended governments an austerity interest or a considerable purpose for themselves. program to surpass the crisis, and most of the Lastly, conflictuality involves asocial phenomenon, governments started to apply these programs. The as it is characterized by: long duration; high-rate consequence was the rise and the development of appearing and manifestation; presence within important social conflicts within all states which almost all over the world and within the entire applied the austerity to surpass the economic crisis. human bailiwicks. Practically, in some European states took place Surely, between the tree forms of existence social protests of those who were affected by such and manifestation of the conflictuality there is measures. For example, the protests from Greece6 an interdependence report. In this way, there is and Spain were very violent, with confrontations conflictuality in the domain of the international between manifestants and public order forces. relations too. In the evolution of the states and of The armed conflict is another form of international relations, conflictuality includes the manifestation of conflictuality. Hence, it can be said area which separates peace and conflict. It is an that such a phenomenon is generating instability important phase, because its development will led and local insecurity, at national, regional, even to a conflict. Though, in its evolution, conflictuality international level. Some of the armed conflicts are could pass trough a moment of stability, the latter resolved by a peace trade or by a cease-fire trade. will be the source of a new conflictuality. In this Other, by various reasons, remain into a quasi- way, by the fall of the Berlin Wall, the bipolar latent status, that could break out any moment. In world has been stopped and there has been the pass these sense, a cogent example can be the conflict to a new world order, which, after a short while, between Israel and the Palestinians, or the so called became a new source of conflictuality between cold conflicts. state and non-state actors on the international The political, ethnical or religious conflicts scene. In this new background, countries and the are other forms of manifestation of conflictuality non-state actors do not apply anymore the same as a phenomenon. Their effects could be terrible type of solidarity in front of a common enemy as for the stability or security of some countries and they used to before. Beyond that, there can be seen regions. Many of them are turned off by a long- the apparition and manifestation of geo-economic term solution, when the involved parts get to their discrepancies. Nowadays, economic competition targets and purposes. becomes the main field of confrontation between states, political-military or any other type of 2. Causes of the conflicts around the world organisations. Conflictuality is not generated only by internal The social, political, economic, military and causes which depend on one or another state other conflicts have approximately similar causes actor. Today, in the world’s context created by at national, regional and international level. Our globalisation, a conflictual situation can exist statement starts from the fact that processes and within a state without the necessary and sufficient phenomena like globalisation, climate change, wherewithal of the state to control it. Furthermore, international migration (legal or clandestine), the inter-states conflicts can be coordinated in the urbanisation, the fast growth of population in benefit of an entity above-the-state. developing countries and low rate birth and ageing Therefore, the notion of conflictuality seems of population in the developed countries, the

STRATEGIC IMPACT No. 1/2013 17 POLITICAL-MILITARY TOPICALITY economic, financial, energy, alimentary7 crisis, International migration, legal or illegal, is the competition for resources, especially natural, a very developed demographical phenomenon. have a considerable impact for the social, political, The movement of people is continuously made economic, military and environmental stability, at from the rural to the urban area, on the internal all levels mentioned above. plan, and from the less developed countries to the Hereby, globalisation8, a complex phenomena, more developed countries, on the international multidimensional and quite omnipresent, is gen- plan. Accordingly to the UN population Division, erating both favourable and unfavourable effects, which actualised data and previsions in 2008, the which affect both individuals, human groups, the international migrants stock represents 3% of the local community, states, the non-state actors (for global population, meaning 190 million persons9. example, multinational companies, economic or In 2005, 37% of the total international migrants other type organisations). Most of the opinions were from emergent countries. Thereby, 28% of lead to the affirmation that persons, community migrants were originated from Asia, 33.6% from and rich states take benefit from the effects of glo- Europe, 23.3% from North America, 9% from balisation. That is because globalisation brings Africa, 3.5% from Latin America and Caribbean along free commerce of people, ideas, goods, capi- Islands and 2.6% from Oceania10. The internal tal, in this way opening free access for competition and international migrations are generating in all fields of activity. In our opinion, competi- both positive and negative effects, which exert tion, facilitated by globalisation, brings advantag- an influence among the national, regional and es to those who have a high-level of knowledge, global balance and security. Hence, these are assets in research and development, at personal, modifying the structure of population within an group or national level. People, communities and internal geographical area or within destination states which do not have the proper and sufficient countries, create better labour, are favourable for resources cannot combat competition and they a more properly repartition of incomes within the remain at the same developing level, having the individuals and unequal economic areas. tendency to keep decreasing. Furthermore, migrations could harm the The climate changes bring modifications in communications activity, the transfer of almost all fields of activity within local communities, technologies and intellectual resources, triggering states and regions, influencing thus life of the everywhere the innovation needed for the populations all around the world. The lowering economic activities, have a strong connection with level of rainfall in some areas and the growing level the population health, can affect social stability. By in others generate different phenomena – drought this facts, the internal and international migration and flood – which lead to changes of the way of could create the premises for the renaissance and living and of nature of the human activities, which manifestation of some tensions and local, national, could generate social, political, economic, and any or even regional conflicts. The latter, in their turn, other type of tensions and conflicts. On the other could negatively affect the local, national, regional hand, global warming leads to icebergs melting, to and international stability and security. thinning of the ice at the poles, which has an effect Also, the others demographical phenomena11 both on raising the level of the oceans and on – the high-rate growth of population within facilitating the exploitation of natural resources in developing countries, the lowing and ageing of the Arctic area. In the first case, population living population among the developed countries, the in the flowing areas has to leave, putting pressure urbanism – have their contribution to the economic, on the localities and areas which are favourable political, social etc. instability and insecurity. for living and human activity, which can generate The nowadays financial-economic crisis, by the social, political, economic or military conflicts. In negative effects generated, can affect the national, the second case, the resources in the Arctic area are regional and international stability and security. attractive, so a lot of near-by states declare their This is triggering negative effects within financial, right to exploit it. This tendency can also create commercial and economic sectors, effects which tensions and conflicts among state and non-state are a source for tensions and conflicts within actors, which are interested in the wealthy of the the all mentioned levels – national, regional and zone. international.

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The competition for resources12 can be a cause which detain the source of raw materials, be they of conflictuality at a local, national, regional and energy or human and have clear access to resources international level. In one way and on a good and countries or non-state actors which also want, measure, the last war from Iraq and the actual in their turn, direct access to the resources they armed conflict from Afghanistan are the products need. of competition for energy resources. Another challenge is represented by the generalisation of the liberal system as a common 3. Tendencies and prospects in future way of economic functioning. Furthermore, evolution of conflictuality economic discrepancies which exist among states and regions of the world represent threatening 3.1. Challenges with an impact on factors to the stability and security among all conflictuality levels and plans. The multipolar world is, besides any other In their turn, the new stakes of information thing, characterized by a high amount of instability, control’ are a new challenge for the national, resulted from the threats of identities’ equalization regional or international stability and security. though a tough globalization, proliferation of Today, information, besides being a source of nuclear weapons, and, moreover, by the increasing power, became a main source of richness, too. Its economic discrepancies between the rich and control is constituted in a source of conflictuality, the poor countries. It is wise not to forget that because strong interests could come in opposition. globalisation is made on Anglo-Saxon cultural An important role is detained by the extraordinary basics, which has effects on the identity and development of the IT and communication. affirmation of each country13. Conflictuality will feed opposite interests not only The American culture of Mc Donald type has for information, as a process of obtaining it, but as uniformly diffused all over the world. As a symbol a technical support too. of freedom and liberty, it is eroding fundamentals The new forms of conflictuality in the culture of the cultures in different countries, especially area are facing the supremacy of the North those from the East, having an influence among American culture in the abundance of diffusion the youngsters. of knowledge and in the ways and norms of On the other hand, the economy is becoming more transmission of this knowledge. and more globalised. The classical mechanisms Technological competition could generate and models are overpassed. Commercial borders in conflictuality. If we limit ourselves only to do not exist anymore. In this context, globalization the Internet, as global network which links the of trade, as it currently is, opens the way for an databases, conflictuality results from the degree of increased competition. The more countries are security versus the freedom wanted by the network getting more industrialized and integrated in the users. global market, the more they are facing the effects Weakening of the states is another form of of international competition. conflictuality, to which contribute the omnipresence State, non-state actors, the international of the non-governmental organisations on the community, have to resist in front of clear and international plan and the associative movement multiple challenges which have a strong impact on a national plan. These organizations sometimes to conflictuality among all its plans – economic, tend to substitute themselves to the democratic political, social, military – and among all levels organs of taking decision. – local, national, regional and global. Nowadays, International migration will continue to the economic development is based on oil. But be a strong phenomenon. The movement of this raw material, like other energy materials, is persons from the developing countries towards not undrainable, which brings into discussion not the developed countries will continue not only only the consumption issue, but also the protection because the high-rate speed of growing population of sources for the coming generations. in the origin countries, but of ageing population Therewith, the long-term development is linked in the developed countries. The negative effects of with resources, and so with the competition for migration will contribute to accelerate the social, them. We refer to competition among countries political, and especially economic conflictuality.

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3.2. Tendencies in the evolution of conflictual- global influence (Brazil, Russia, India, China, ity in the coming years South Africa – BRICS) and the progressive shift The analysis of the evolution of conflictuality of the centre of world power to Asia will lead to around the globe in 2012 highlights the fact that this a redefining of the relation of forces and to new intricate and multidimensional phenomenon will practices in international relations; continue to manifest itself even more vigorously in • the chronic instability in Africa, where it must the coming years. Therefore, in November 2012, a be observed the attempt to encourage the increase series of significant events took place, such as: of economy; on the other hand, Africa will always • the conflict between Palestinians and Israel remain attractive for many states, because of its in the Gaza strip has become acute, as mutual natural resources; there are also emergent powers, bombardments of high intensity have lead to like China, who have considerably entered the casualties and material damage on both sides; African continent in looking for natural resources, • confrontations between Turkey and Syria on especially energy resources, for its ever increasing the grounds of frontier and air space violations; economy17; • in Syria, the armed conflict between the • a relative decline of Europe, faced with its government and the opposition forces has weak dynamism of its economic and demographic intensified; France has already recognized the growth, but also with its reducing military budget, opposition as the sole representative of the Syrian while numerous non-Occidental states increase people14; their defence budgets; • in Europe, the social conflict has been • the probable return of the states to the amplified as a result of the government austerity international game, a consequence of decrepitude programs in many European states (Greece, the and relative weakening of the big organizations Czech Republic, Spain and Portugal for instance); and alliances born after the Second World War; • in Africa, the 2012 conflicts will continue to in corollary, future coalitions could prove more manifest themselves, as they have not yet been volatile, based on interests18; resolved; • increase of non-state actors power; • political separatism is active worldwide15. multinational companies, political-military Moreover, the frozen conflicts in Transnistria, organisations, organisations of the regional and South Ossetia and Nagorno-Karabakh have not international civil society are becoming more been resolved and are still present in a latent state. powerful and will assume roles related to security Based on the analysis of the causes and and stability at national, regional and global level, manifestation of conflictuality in the foregoing roles played before by state actors; years, but also in 2012, estimations regarding the • mass-extinction weapon proliferation; there tendencies and outlooks of this phenomenon in the is the possibility that terrorist organizations gain to following period can be put forward. Thus, in the such weapons and threatening with their usage; future, a series of conflict generating phenomena • conflictuality will manifest within all possible and processes will continue to exist and manifest plans (land, air, maritime, cosmic and virtual themselves; of these, we can mention16: space); there is a possibility that the virtual space • the continuation of globalization, with an to be the place where conflictuality will face an explosion of material, immaterial and population increase comparing to the previous years. flows of all kinds, the control of which will become In this complex and dynamical context, a primary strategic stake. On the other hand, a form conflictuality on all the plans – social, economic, of protectionism (strict border control, import duty, political, military and even more – and within all national reindustrialization) will manifest itself as levels – local, national, regional and international a reaction to globalization; – will increase. • a relative decline of the American hyper- Hereby, we will be witnesses the emergence power, which faces increasing competition and of diverse economic “wars” not only among budget constraints, as well as the reorientation of state and non-state actors, but also among the two American strategic priorities from Europe to Asia; categories. There is a plenty of resources with • the transition towards a multipolar world, strategic value like hydrocarbons, raw materials, in which the emergence of powers with local or water, which are vital for the survival of the states,

20 STRATEGIC IMPACT No. 1/2013 POLITICAL-MILITARY TOPICALITY but only a few states own or have access to these tive effects will continue to be a cause of interstate resources. In this manner, at the whole world level, or even intrastate conflictuality. Competition for have appeared and developed a real competition resources will be accentuated, in its turn, leading to for resources within the states which detain such the increase of interstate conflictuality. It is possi- resources and are trying to maintain their control ble that some global non-state actors, for example, on this resources, on the one hand, and on the multinational companies, to constitute themselves other hand, the actors which do not have access parts of this conflictuality as a result of following to them yet. Another competition will be for the their strategic economic interests. maintaining of the markets and the conquering of new ones. Conclusions On the internal plan, we will assist to the increasing frequency and intensity of the social The world is in a continuous change. State and conflicts (meetings and marshes, strikes and non-state actors which will not be able to adapt to revolts) as a result of the economic crisis, on the the new conditions and will not be able to innovate, one side, and of the programs of austerity of the will suffer from the negative effects generated by governs, on the other side. phenomena with an impact to conflictuality. Military conflicts will continue to exist and Conflictuality, as a state, relation and to be manifested with different intensities within phenomenon will continue to exist and manifest diverse regions of the world. The armed conflict at national, regional and global level, but also between Israel and Palestinian people will continue in the economic, political, military, cultural and to manifest itself, and some frozen conflicts could informational plan. “recrudesce” from various reasons. In Iraq, the Causes and sources of conflictuality will fight between the insurgents and the security forces increase in the following years, inclusively those and the government army will continue, while the of military nature. We mention that the main source armed conflict from Afghanistan will be another of the next conflictuality on the whole levels and expression of conflictuality generated by the whole plans will be competition for resources. competition for resources and areas of influence. Conflictuality, under any form, nature and In Syria, there is a possibility that the hostilities level of manifestation, represents a clear source between the forces loyal to the government and the for instability and local, national, regional and forces of opposition to continue for some time, and international insecurity. in Turkey, the Kurds to take action to obtain the The perfect and universal solution for right to self-determination. There is possible that diminishing conflictuality does not exist. insurgency, the war among population, the urban Notwithstanding, if it does not adopt a destructive war to obtain new dimensions and actors. The and violent form of manifestation, conflictuality asymmetry will be critical for waging the battles could generate progress. not only by the national armies and international Putting together the efforts of all state and non- coalitions, but also by the insurgent forces, guerrilla state actors to find some peaceful solutions, by or other forms of para-military organizations. negotiation and mediation of conflicts, regardless Furthermore, political conflicts alimented by of their nature and level of manifestation looks to the political separatism will continue to manifest be the most efficient way to get to satisfying objects all over the world. In the meantime, revolts against for the involved ones, but also for the international the ruling governments will continue in some community. countries, until these will be the result of some free, democratic elections. NOTES: The activity of terrorist organizations and organized crime will intensify, as a result of the This article was translated from Romanian by democratization of some societies, of some effects Radu PĂTRAŞCU, intern with Centre for Defence of globalization and mutations within the strategic and Security�� Strategic�� Studies. interests of great powers and of emergent powers. On the economic plan, intensification of -glo 1 2004: Conflictualité, IHEDN Région Centre AR7, balization will continue, and the generated nega- Institut des Hautes Etudes de Défense Nationale, http://

STRATEGIC IMPACT No. 1/2013 21 POLITICAL-MILITARY TOPICALITY www.ihedn-region.com/2004-conflictualite.html, p. 1. uploads/2012/03/CLESHS11.pdf, p. 2. 2 Ibidem, p. 1. BIBLIOGRAPHY: 3 Ibidem, p. 1. 4�� In this article, by actor we mean a person, a human 1. ***, 2004: Conflictualité, La conflictualité group, a human community, a state, an organization au XXIième siècle. Notion de conflictualité, essaie (local, national, regional, international). d’analyse, IHEDN Région Centre AR7, Institut 5�� IHEDN, op.cit., p. 2. 6 Manifestaţiile antiausteritate au degenerat: des Hautes Etudes de Défense Nationale, http:// Protestatarii greci se bat cu jandarmii, 7 noiembrie 2012, www.ihedn-region.com/2004-conflictualite.html. http://www.adevarul.ro/international/Protestatarii_ 2. ***, “La Chine en Afrique. Menace ou greci_se_bat_cu_jandarmii_0_806319626.html opportunité pour le développement?”, Publication 7�� See: Petre DUŢU, Fenomene diverse cu impact trimestrielle Alternatives Sud, Le Centre asupra stabilităţii şi securităţii locale, regionale şi tricontinental (CETRI), Vol. 18, 2011, http:// internaţionale, Editura Universităţii Naţionale de revuesshs.u-bourgogne.fr/dissidences/document. Apărare “Carol I”, Bucureşti, 2012. php?id=1865#tocto39 8 ��See: Petre DUŢU, Globalizare versus separatism 3. ***, La conflictualité des 15 ans à venir politic, Editura Universităţii Naţionale de Apărare et ses conséquences opérationnelles, Réflexion “Carol I”, Bucureşti, 2010, pp. 9-65. 9�� Cf. Agence Fran�ç��aise de Développement, Cadre doctrinale interarmées, Centre interarmées de d’intervention tranversal (CIT): Migrations internes concepts, de doctrines et d’expérimentations, et internationales 2010-2013, http://www.afd.fr/jahia/ Nº129/DEF/CIDE/NP, 29 mai 2012, http://www. webdav/site/afd/shared/PORTAILS/SECTEURS/CIT- cicde.defense.gouv.fr/IMG /pdf/20120614_ np_ Migrations .pdf, p. 8. cicde_rdia-007-conflictualite.pdf 10 Idem, p. 8. 4. ***, Cadre d’intervention transversal (CIT): 11�� See: Petre DUŢU, op. cit., 2012, pp. 34-39. Migrations internes et internationales 2010-2013, 12 Petre DUŢU, “��Competition�� for resources and areas Agence Française de Développement, http://www. of influence among the actors of global scene – factor afd.fr/jahia/webdav/site/afd/shared/PORTAILS/ of regional and international instability and insecurity”��,� SECTEU RS/CIT-Migrations.pdf in Strategies XXI international scientific Conference, with theme “The Complex and Dynamic Nature of the 5. DUŢU, Petre, Globalizare versus separatism Security Environment”, 22-23 November 2012, “Carol politic, Editura Universităţii Naţionale de Apărare I” National Defence University Publishinghouse, “Carol I”, Bucureşti, 2010. Bucharest, 2012. 6. DUŢU, Petre, Fenomene diverse cu impact 13�� IHEDN, op.cit., pp. 3-7. asupra stabilităţii şi securităţii locale, regionale şi 14 Italia a recunoscut opoziţia siriană, Vocea internaţionale, Editura Universităţii Naţionale de Rusiei, http://romanian.ruvr.ru/2012_12_12/Italia-a- Apărare “Carol I”, Bucureşti, 2012. recunoscut-opozitia-siriana/, 12 12.2012. 7. DUŢU, Petre, “Competition�� for resources 15�� Petre DUŢU, op. cit., 2010, pp. 65-97. and areas of influence among the actors of global 16�� Centre interarmées de concepts, de doctrines scene – factor of regional and international et d’expérimentations, La conflictualité des 15 ans à venir et ses conséquences opérationnelles, Réflexion instability and insecurity��”,�� in Strategies XXI doctrinale interarmées, Nº129/DEF/CIDE/NP, 29 international scientific Conference, with theme May 2012, http://www. cicde.defense.gouv.fr /IMG/ “The Complex and Dynamic Nature of the Security pdf/20120614_np_cicde_rdia-007-conflictualite.pdf, p. Environment”, 22-23 November 2012, “Carol I” 2. National Defence University Publishinghouse, 17�� Le Centre tricontinental (CETRI), La Chine en Bucharest, 2012. Afrique. Menace ou opportunité pour le développement?, 8. FIORINA, Jean-François, “Géopolitique des Publication trimestrielle „Alternatives Sud”, Vol. 18- nouvelles conflictualités” – Entretien avec Olivier 2011, http://www.cetri.be/spip.php?rubrique133 Kempf, in Comprendre Les Enjeux Stratégiques, 18�� Jean-Fran�ç��ois FIORINA, „Géopolitique des Les entretiens géopolitiques mensuels du directeur, nouvelles conflictualités” – Entretien avec Olivier Kempf, în Comprendre Les Enjeux Stratégiques, nº11, janvier-février 2012, Ecole de Management, Les entretiens géopolitiques mensuels du directeur, Grenoble, http://notes-geopolitiques.com/wp- nº11, janvier-février 2012, Ecole de Management, content/uploads/2012/03/CLESHS11.pdf Grenoble, http://notes-geopolitiques.com/wp-content/

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GLOBALIZATION, REGIONALIZATION, NATIONAL SECURITY

Alexandra SARCINSCHI, PhD* Cristian BĂHNĂREANU, PhD**

Regionalization is one of the most important agreements, both find expression in economy and features of contemporary world. It has not only security. Some of the factors that explain the trends a geographical dimension, but many others that toward economic regionalism or new regionalism are interconnected: economic, political, security (’80-’90) are the effects of the Cold War and its etc. In addition, regionalization coexists with ending, the shift of the world economic balance, the globalization – a fact that might seem impossible uneven effects of globalization, and the transition if we take into consideration only the common to outward oriented economic policies in many sense characteristics of these two processes. parts of the developing world.1 Moreover, regionalization exists both at national The emergence of new regions requires debates and international level. In the last case, it is and analysis on the implications of this process on closely related to regionalism, but not always security at all levels and in each of its domains due in a harmonious relationship. Therefore, the to the fact that the contemporary world is already regionalization process proves itself complex and facing a series of problems caused by 21st century multifaceted and that is why we need a detailed phenomena and processes that can not be separated theoretical analysis before we shall study its from each other. First, there are simultaneously implications for national security. some defining trends that, at first appearance, seem Keywords: globalization; regionalization; completely opposed: fragmentation – integration, regionalism; regions; national security. localization – internationalization, protectionism – liberalization, centralization – decentralization. 1. Preliminary considerations Secondly, in the security environment are some phenomenon and processes that coexists and are According to experts, regionalization, as a interrelated: globalization, demographic pressures, process of regions’ development, and regionalism, climate changes, achieving energy security, as a trend to create regional institutions and economic and financial crisis, social gaps, etc.

* Alexandra SARCINSCHI, PhD is Senior Researcher at the Centre for Defence and Security Strategic Studies from “Carol I” National Defence University, Bucharest, Romania. E-mail: [email protected] ** Cristian BĂHNĂREANU, PhD is Researcher at the Centre for Defence and Security Strategic Studies from “Carol I” National Defence University, Bucharest, Romania. E-mail: bahnareanu. [email protected]

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Thus, regionalization poses challenges to national The above classification shows that security and beyond. regionalization might be considered any case In the following, we will analyze the concepts of forming a border region that implies a link of regionalization and region in close correlation between politics and economics and is caused with national and international security.2 by security issues (not necessarily military security). Regionalization is the process by which 2. Theoretical landmarks: regionalization, it is established a capacity for autonomous action regionalism, region that aims to promote a sub- or supra-national territory by mobilizing its economic mechanism Alex Warleigh–Lack, professor at Brunel and, if appropriate, its local or regional solidarity University, defines regionalization as an explicit, and develop its potential.5 Given the fact that but not necessarily formally institutionalized, political realities differ from state to state, even process of adapting participant states norms, within the EU, we can suggest a new typology of policy/making processes, policy styles, policy regionalization according to the legal status6: content, political opportunity structures, 1. Administrative regionalization: involves economies and identity (potentially at both elite state’s delegation of authority to the subordinated and popular levels) to both align with and shape a government structures or to the local bodies, whose new collective set of priorities, norms and interests actions are controlled by state, although they have at regional level, which may itself then evolve, some legal autonomy; by the functions and duties dissolve or reach stasis3. This definition underlines held, they are intended to promote economic the idea of process not result of a process because and regional development and they are based on regionalization is a dynamic term that involves mobilization of local authorities and economic fluidity and movement and a multilevel analysis. organizations (for instance, in Luxembourg, the In this regard, there are identified five types of government has established four regions that were regionalization: not endowed with their own authority because of 1. Structured regionalization: a complex the small size of the state); entity that uses informal policies despite deep 2. Regionalization by local community: it is institutionalization; there is no hegemon; the achieved based on cooperation between local power in many policy areas is delegated to a new communities that have eextensive powers and center (EU, African Union); a wide field of action; it is different from the 2. Dominance regionalization: this is an administrative regionalization in that it is carried alternative to global regime that is established by a out through decentralized institutions acting in regional/global hegemon in order to counter threats an inherent framework of power (e.g. Denmark, to its power from other regionalization processes Finland, Ireland, Hungary); or states; it is focused on a narrow range of issues, 3. Regional decentralization: it refers to the with emphasis on trade (NAFTA); formation of a new local authority – the region 3. Security regionalization: it focuses on – at a higher level than the one of the existing military or socio-economic security issues; it may local authorities; it gains specific institutional be geographically contiguous or transregional expression and forms a new category of local in membership (NATO, Euro-Mediterranean authorities, which, while they are legally the same Partnership); as existing local authorities, are distinguished by 4. Network regionalization: a regional identity- a broad constituency and their skills in economic driven response to globalization; it may acquire a development; constitutional order is part of the significant range of powers, but it relies primarily unitary state, even if it modifies the territorial on non-institutionalized or intergovernmental organization (for instance, in France are 26 regions, working methods (ASEAN, Mercosur); except overseas, that enjoy unfettered principle of 5. Conjoined regionalization: strategic territorial communities); partnership of one regionalization process either 4. Political regionalization or regional autonomy with another such process or with an important state (institutional regionalism): it is characterized by outside the region with the purpose of economic or giving legislative power to a regional assembly, foreign policy advantage (APEC).4 which has extensive powers whose content is

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Factors of Classical New No. differentiation regionalism regionalism One-dimensional: Multidimensional: economy, society, 1 Scope economy or security environment, security, culture, etc. Regional governments, non-state actors, 2 Agent Nation state local authorities, civil society, business environment Concrete assessment Creating the conditions for economic and political 3 Motivation of power, security and liberalization; consolidating regional stability and nation states interests security; developing multilateral relations Clearly affiliation to a Possible participation of an actor 4 Structure political-military bloc in several different groups as a result of bipolarity Relation with Simultaneously both mutual support 5 Dominated by bipolarism globalization and the incongruence Figure no. 1: Differences between classical regionalism and new regionalism 14 defined and guaranteed by the Constitution or state that often relate at an informal level.9 Raimo a constitutional text, and to exercise various Väyrynen sets the emergence of new regionalism competences there is set up an Executive with in the traditional approaches on the state-centered regional government features; it affects state’s regional system. This theoretical framework is structure and modifies its Constitution; differs facing the military and political concentration from the federal state in that the regions are not of power at certain international actors and the states and the state remain, in principle, an unitary emergence of transnational networks built upon one (e.g. Spain, Italy, Belgium); some economic and cultural identities.10 Thus, 5. Regionalization by federal authorities: the in contrast to the Cold War regionalism, the new federal state is not against nation-state, but in many regionalism brings into attention the security cases a model for national integration; the federal dimension. Prior to the fall of the Berlin Wall, states emerge from a union of states that, in fact, bipolarity and the arms race created contextual are political entities with regional and ethnical effects that contributed to the birth and development particularities (e.g. Germany). of a semi global system11 in which the security It is noted that regionalization involves a top- systems existed locally, but were overshadowed by down approach, meaning that the state recognizes a the control of the influential powers in these areas. regional identity as a homogeneous area that is able The end of the Cold War reduced the semi global to participate in managing their business through system effects on regional dynamics in security the mechanisms established by the state. Instead, area and on the national decision making process. regionalism is a more complex phenomenon, Thus, the disappearance of the bipolar divide led involving a bottom-up approach and the existence to the restoration of regional sovereignty and the of a regional consciousness and identity. development of several regional powers whose role Regionalism has gained momentum in the is to provide order and stability in the region.12 ‘90s, although some authors identify it in the Thus, the new regionalism is a multidimensional continental empires until the Napoleonic wars7 and form of integration, which includes economic, in the protectionism of the ‘30s8, when literature, political, social and cultural aspects and advances art and architecture were correlated with regional towards development of new regional free trade identity and consciousness. The term entered the regimes or security alliances.13 The specialized vocabulary of International Relations only after studies argue that the new regionalism differs the Second World War. from the previous one by scope, agent, motivation, After the Cold War, the term new regionalism structure and relation with globalization: was brought into question involving a number of The new regionalism emphasizes the features such as multidimensionality, complexity, importance of development cooperation, which fluidity, and a variety of state actors and non- could be the surest way to reduce conflictuality,

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e pac s ed iv ce on C SYMBOLIC SHAPE Attaching of particular symbols to the region to facilitate the formation of regional images and e consciousness pac s ed iv ce INSTITUTIONAL SHAPE er P TERRITORIAL SHAPE Establishment of a “sphere” of Localization of social practices, formal organizations and reach of power relations that give informal, institutionalized the region its boundaries conventions customs, and routines ce pa l s ia oc ESTABLISHED ROLE S Maintenance and continued reproduction of the region as ce pa social entity s al itu REGIONAL IDENTITY ir sp e, ac sp d ive L Figure no. 2: Stages and shapes in formation of a region19 promote peace and further promoting development regionalism arises from the awareness of regional cooperation. Critics of this approach believe that imbalances, especially in the economic and social the expectations of new regionalism are unrealistic areas. Thus, in the first stage are identified those and ignore the internal and external dynamics of communities within states that have a regional each forming region. There are also opinions that consciousness, then there are set problems they can there is no direct link between the new regionalism address directly, and the last step is the creation of and peace, the former supports a process of regional and local administrative institutions.17 regionalization consisting of regionness levels, Other regionalism theorists identify four stages and at each of these levels the interaction between in the formation of a region, including one of peace and regionalism changes.15 establishing its territorial form.18 Regionalism involves the existence of a The first stage concerns the development of regional consciousness, a regional identity and social practices through which the region receives regional integration. From this approach, the its boundaries and can be identified as a separate theory identifies three main stages of the process unit in the spatial structure of society. Space can be of formation of a region: clearly (administrative region) or vague delineated - Emergence of a regional consciousness; as we talk of the idea of a region and on the various - Development of regional movements or elements of the structure of expectations (nature, regionalist actions; culture, stereotypes and so on). These boundaries - Development of regional institutions or are essential for the emergence and development regional powers inside federal states.16 of regional consciousness. During the creation These stages illustrate that regionalism of a symbolic, conceptual form of the region, represents the awareness of common interests by there will be established certain structures of the the population living in a region, the existence of territorial symbolism such as name of the region. differences between it and other neighboring regions Emergence of symbolic significance of the region and the community’s desire to be responsible depends on the relationship between institutional for solving specific problems that she believes and individual practices. Conceptual and symbolic cannot be resolved by the state. Experts argue that form of a region confirms a system of differentiating

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REGIONAL IDENTITY

Regional Consciousness Identity of the Region (Regional Identity of the Inhabitants)

Identification with The Role of the Region in the Images of the Region Scientific Classifications the Regional Community Hierarchy of Regional Consciousness Feeling of Togetherness Identification with a Specific Region

Ideal Factual “Insider’s” Image “Outsider’s” Image The “picture” of identification Actual relationship communicated by and between individuals, represented in the institutional which are connected with practices of the region the Region in some manner and the society in question Figure no. 3: The dimensions of regional identity21 that region from other and provides a reference their group to which they belong, and the role of framework in which expectations structures are region in the regional consciousness hierarchy, i.e. built and reproduced. identifying with a particular region. Image of a The third stage takes place, in fact, concomitant region identity involves subjective images, which with the other two, because the emergence of are part of regional consciousness, and objective institutions is related to the establishment of a images, which are scientific classification of name and other territories symbols of the region. the physical, cultural, social, etc. environment. Expansion and development of institutions are The subjective images belong both to the group instead related to the conservation of the region’s components (inhabitants) and to those from outside image and, thus, they are crucial for the reproduction the region. These dimensions of regional identity of regional consciousness. Institutions that develop can be illustrated as seen in Figure no. 3. at this stage are not only formal but also informal, Currently, regionalism is linked to globalization such as the local practices in the political, economic and the changing nature of global policies. From or administrative fields. the above it can be concluded that regionalism, The fourth step in the continuation of the although it is characterized by involvement of institutionalization process after the status of the most world governments, assumes a wide variety region was established in the spatial structure of non-state actors. This determines the existence of society and social consciousness. The region of various forms of formal and informal regional receives an identity that includes not only material government, as well as regional networks in resources (nature, territory, culture, economic various areas of social life, hence resulting two system, etc.), but also a mental dimension (images essential features of contemporary regionalism: that together constitute the foundation of the structure pluralism and multidimensionality. of expectations).20 It is about regional identity that Given the complexity of the security connects both the objective size of the region, as environment, we might argue that both well as the subjective one comprising individual regionalization and regionalism affect national and collective representations (psychosocial security in both directions: positive and negative. representations). The regional identity of the inhabitants, the regional consciousness, comprises, 3. Regionalization, regionalism in turn, two main elements: identification with and national security the group or regional community, which refers to the inhabitants of the region who have a founded The post Cold War period is marked by the opinion based on expectations or accurate data on growing interest on how regionalism affects the

STRATEGIC IMPACT No. 1/2013 27 GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES structures and processes of international security. to the emergence of new international regulations Although some analysts suggest that regional and expands the role and status of organizations dynamics is less important than the global such as the United Nations and the World Trade dynamics, other experts say that regional analysis Organization. Therefore, new tools are created for is particularly important for understanding the settlement of economic, political or security contemporary security issues. There are opinions disputes. on the fact that regionalism is the framework However, outside the Transatlantic community, for studying the increasingly role that regional such regional security arrangements grow more arrangements play in the security sphere.22 slowly and are prone to remain informal and too Formation of regions, whether it is the result flexible to have a strong normative character. of a top-down (regionalization) or bottom-up Overall, globalization leads to a new interna- (regionalism), involves a series of discussions on tional structure, divided between those countries the implications it has on the security from the that are integrated into the global economy and individual to the groups of states. This is because those that either are left behind or oppose inter- the modern world is facing a number of problems national rules. To the optimistics, this new inter- arising from the 21st century phenomena and national system represents the hope for the global processes that are felt at all levels of its organization. expansion of democracy, market economy and It is about globalization, demographic change and international multilateral cooperation, while pes- climate change.23 simists see it as an end brought by economic crises Globalization, even if it is the triggering and new geopolitical and sociocultural polarizing factor of scientific and technological progress, forces. Such a global economic collapse could tests the capacity of regions and countries to trigger extension extreme nationalism, deepened adapt to structural changes and manage the social protectionism, regional conflicts and ultimately consequences of change. Globalization does not global chaos. More moderate scenario is that the necessarily bring integration and stability. In fact, world will remain as it is now: divided between on short and medium term, globalization seems rich North and the poor South. to contribute to the generation of simultaneous Demographic changes in world population processes that create tensions that, in turn, shape are another important issue that affects security the security environment: at all levels of its development. Most vulnerable - Fragmentation – integration; regions are in the proximity of other poorer areas - Localization – internationalization; because the first are strongly affected by migration - Protectionism – liberalization; pressures. However, while population movement - Centralization – decentralization.24 across borders in search of better opportunities is Globalization increases the rate in which a feature of both the less developed and the least the integration develops, but at the same time, developed regions, international migration patterns provides a favorable environment to the trends are becoming increasingly complex. A large of disintegration or fragmentation. Thus, number of the least developed regions are also globalization creates a new context for formal regions of origin and destination for migrants due or informal exercise of national power. Regional to favorable conditions for temporary employment, and international institutions, non-state actors thereby increasing its mobility.26 Unfortunately, (including transnational corporations and NGOs) statistics on migration provides data on countries and even local governments are using some tools of rather than on regions, but we can say that the globalization to reduce the nation-state monopoly security challenges in the country are similar to on power. A part of power is transferred to the those in the regions. They are rooted especially international stage, another part to the local level, in ethnic and religious differences between the and another part is used by NGOs and corporations population of destination country/region and to influence national policies. Experts25 note that in immigrants, but also in the low living standards Europe, Latin America and Asia, regional economic of the latter, caused by difficult jobs access in agreements are dominant expressions of relations that country/region. In addition, the unfavorable between states, giving “geopolitical” personality to image that citizens of the destination country/ the structures at that level. Globalization also leads region have about new arrivals, who “invade” and

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“threat” their communities, is often a source of and urban environment. Rising temperatures will tension. However, we must not underestimate the reduce the layers of snow on mountain peaks and role of immigrants as security factors, especially will increase evaporation, thus altering the seasonal in the economic field. There are not few European availability of water. Overall, developing countries countries/regions that experienced a substantial are particularly vulnerable to these risks. increase in gross domestic product and, therefore, In this area, the regional political organization a significant increase in the living standards of their facilitates the response to such challenges by citizens, following legal or illegal employment of decreasing reaction time and deploying resources foreigners in various sectors of the economy27. more effectively. In addition to these security Another security challenge belonging to the challenges, we might highlight another two: demographic area consists of internally displaced financial and economic crisis and energy issues. persons that change the demographic profile of Global financial and economic crisis in 2008 a country/region. Internally displaced persons ended a period of over 20 years in which the new (IDPs) are, according to the UN, those persons or architecture of the system of IR, the globalization groups of persons who have been forced or obliged and liberalization of markets and the financial to flee or to leave their homes or places of habitual system had positive effects on the economy in residence, in particular as a result of or in order general and the population’s standard of living to avoid the effects of armed conflict, situations in particular. Thus, global trade expanded as the generalized violence, violations of human rights business became more open to risk; markets have or natural or human-made disasters, and who developed as movement of capital, technology and have not crossed an internationally recognized information has been growing rapidly and people State border28. The main concern related to IDPs had easier access and almost unlimited to foreign is that the inadequate response to the situations currency and credit. Developed economies were involving massive displacement of people can among the first hited by the economic and financial be a catalyst for regional instability and, in some crisis, most falling into recession in the second half cases, can cause some resentment at the individual of 2008. These weaknesses have spread rapidly by level, the affected persons becoming vulnerable to the international trade and financial channels to international extremism. developing countries and economies in transition, The third phenomenon that significantly leading to a global decrease.30 There were recorded influences not only the current security environment, paradoxical situations where the main countries but also the future of the entire planet is the climate benefiting from EU cohesion policy – Greece, change. Global average temperature has increased Spain, Ireland and Portugal31 – have violently in the last century by 0.74°C, and experts say that it faced sovereign debt crisis. It is clear that these is the strong upward trend in world history that will issues affect regional entities as the state still is the continue and even accelerate. The most optimistic main object of reference in IR and regions are not estimates indicate that Earth might warm with completely independent of it. 3°C during the 21st century, mainly due to human Regarding energy issues at the beginning of factor represented by greenhouse gases, of which the 21st Century, energy security is endangered the most important is carbon dioxide. They retain by six major threats: the finite nature of oil and heat in the atmosphere, resulting in the increase in gas resources; the global climate change; the overall global temperatures that are likely to divert disruption of supply flows; the higher energy normal weather patterns. costs to developing countries; the use of energy In the hierarchy of the past 150 years, the revenues to support undemocratic regimes; the warmest were the last 11, warming already affecting use of energy as a tool of pressure32. Thus, we all continents and oceans.29 The impact of climate believe that the lack of appropriate measures change varies by region, the most significant to achieve energy security can gradually lead to effects being ascertain in the Arctic area, in the uncertainty regarding the regular provision and deltas of Asia, in the developing countries from supply of oil for the economic activities, with small islands and sub-Saharan Africa. Climate the most disastrous consequences, which further change will constrain water resources, already strengthens the validity of the statement: “it is not stretched by demand from agriculture, industry energy that is expensive, but the lack of energy”.

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In this game, state remains the main actor, but, as security, economic and financial crisis, social with the economic and financial crisis, problems in polarization – are major challenges that can achieving energy security are experienced also at threaten security in all areas and at all levels, regional level. from the individual to groups of states. Thus, From the above, we can summarize the two some regions are favored by globalization and main trends. disadvantaged by the risk of population decline; The first one referrs to the socio-economic others are vulnerable to both challenges, while all challenges: some regions seem to benefit from regions are affected to varying degrees by climate globalization, but they confront the risk of change and energy issues. population decline, while others are vulnerable Regions should join in what we might call to both challenges. The best example is the “strategic areas” in order to meet the growing European Union, where the regions located in effects of these challenges and achieve greater Central France, Eastern Germany, Sweden and integration, convergence, competitiveness and Finland successfully face the challenges of the national security and not only. Strengthening current economic and financial crisis, while most cross-border cooperation should aim primarily regions of South-Eastern Europe are vulnerable to at reducing or even eliminating the barrier effect globalization and related phenomena. between national frontiers, as the development of The second trend emphasizes that climate a synergy to face common problems with common change and energy issues will adversely affect all solutions. regions of the world. In Europe, the Mediterranean regions appear to be most vulnerable to current NOTES: climate change, while the North and West are now less affected. In terms of energy, there is a 1 Arie M. KACOWICZ, Regionalization, dependence following national patterns without Globalization, and Nationalism: Convergent, Divergent, a clear demarcation between regions; the future Or Overlapping?, Working Paper #262 – December depends on EU capacity to develop a coherent 1998, The Helen Kellogg Institute for International common policy that ensures the internal market Studies, p. 10, URL: http://kellogg.nd.edu/publications/ and security of supply of resources.33 workingpapers/WPS/262.pdf 2 For an in extenso approach on this issue, see Conclusions Cristian BĂHNĂREANU; Alexandra SARCINSCHI, Procesul de regionalizare a României şi securitatea At the beginning of the 21st century, the region naţională, Editura Universităţii Naţionale de Apărare enshrines as an important actor in the economic, “Carol I”, Bucureşti, 2012. political, social and cultural processes. However, 3 Alex WARLEIGH-LACK, “Studying regionaliza- the formation of regions and regionalization tion comparatively”, in Andrew F. COOPER; Chris- appear to be a complex and nuanced process. Its topher W. HUGHES and Philippe De LOMBAERDE coexistence with globalization, as well as a number (Eds.), Regionalisation and Global Guvernance. The of concepts whose definition is still ambiguous Tamming of Globalization?, Routledge, New York, (region, regionalism, conscience and regional 2008, p. 51. identity, regional integration), determine the need 4 Idem, p. 52. for a thorough analysis of its influence on all areas 5�� Mihaela PACESILA, “Regionalizarea în statele of social life, especially in security field. Uniunii Europene”, in Administraţie şi management The formation of regions, whether we are public, no. 3/2004, ASE Bucureşti, URL: http://ramp. talking about the result of a top-down process ase.ro/_data/files/articole/3_15.pdf, pp. 104-111. (regionalization) or a bottom-up one (regionalism), 6 Ibidem. generates benefic implications in the economic 7 Rodrigo TAVARES, The State of the Art of and social areas, but also some less auspicious Regionalism: The Past, Present and Future of a implications on security. A number of phenomena Discipline, UNU-CRIS e-Working Papers, W-2004/10, and processes that are specific to the current United Nations University Comparative Regional international security environment – globalization, Integration Studies (UNU-CRIS), Brugge, p. 7, apud demographic change, climate change, energy Pelġn MUSABAY, The Process of Regionalization in the

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Black Sea Area: 1991-2010, Graduate School of Social 23 European Commission, Commission Staff Sciences of Middle East Technical University, 2010, p. Working Document: Regions 2020. An Assessment of 19, URL: https://etd.lib.metu.edu.tr/upload /12612876/ Future Challenges for EU Regions, Brussels, 2008, index.pdf. URL: http://ec.europa.eu/regional_policy/sources/ 8 Anssi PAASI, «The resurgence of the “Region” docoffic/working/regions 2020/pdf/regions2020_ and “Regional Identity”: theoretical perspectives en.pdf and empirical observations on regional Dynamics in 24 For details, see Alexandra SARCINSCHI, Europe», in Review of International Studies, Volume Globalizarea insecurităţii. Factori şi modalităţi de 35, Suplement S1, February 2009, British International contracarare, Editura Universităţii Naţionale de Studies Association, pp. 121-146. Apărare “Carol I”, Bucureşti, 2006. 9 Fredrik SÖDERBAUM, Timothy M. SHAW 25 Richard L. KUGLER; Ellen L. FROST (Eds.), (Eds.), Theories of New Regionalism, Palgrave- The Global Century. Globalization and National Macmillan, London, 2003, apud PAASI, Anssi, cited Security, Institute for National Strategic Studies from work, 2009, p. 127. National Defence University, USA, 2002. 10 Raimo VÄYRYNEN, “Regionalism: Old and 26 For details, see Alexandra SARCINSCHI, New”, in International Studies Review, Vol. 5, No. 1, Migraţie şi securitate, Editura Universităţii Naţionale March 2003, pp. 25-51, URL: http://www.jstor.org/ de Apărare “Carol I”, Bucureşti, 2008. stable/3186488. 27 Ibidem. 11 Idem, p. 28. 28 Office for the Coordination of Humanitarian 12 Ibidem. Affairs, Guiding Principles on Internal Displacement, 13 Pelġn MUSABAY, cited work, 2010, p. 21. United Nations, 2004, p. 1, URL: http://www.unhcr. 14 This figure is the result of analyzing the following org/43ce1cff2.html works: Pelġn MUSABAY, cited work, 2010; PAASI, 29 Centrul de informare ONU pentru România, Anssi, cited work, 2009; VÄYRYNEN, Raimo, cited Schimbările climatice – o problemă globală, 2012, URL: work, 2003. http://www.onuinfo.ro/resurse/schimbari _climatice 15 Rodrigo TAVARES, “The Contribution of Macro- 30 For details, see Cristian BĂHNĂREANU, regions to the Construction of Peace: a Framework for Influenţa factorului economic în realizarea securităţii, Analysis”, in International Studies Association Forum, 20 Editura Universităţii Naţionale de Apărare “Carol I”, March 2004, Montreal, p. 9-15, apud MUSABAY, Pelġn, Bucureşti, 2009. cited work, 2010, p. 24. 31 European Commission, cited work, Brussels, 16 Călin Sabin GHIOLŢAN, “Legătura dintre 2008. regiunea administrativă şi politica regională”, in Revista 32 Dick LUGAR, Energy Security is National Transilvană de Ştiinţe Administrative no. 2(22)/2008, p. Security, http://lugar.senate.gov/energy/security/index. 27. cfm, apud BĂHNĂREANU, Cristian, Securitatea 17 Idem, p. 28. energetică a României în context european, Editura 18 Henri LEFEBVRE, Production of space, Universităţii Naţionale de Apărare “Carol I”, Bucureşti, Oxford: Blackwell, 1991 and Anssi PAASI, The 2010, p. 13. institutionalization of regions: a theoretical framework 33 European Commission, cited work, Brussels, for the understanding of the emergence of regions and the 2008. constitution of regional identity, Fennia 164, 1986, apud Wolfgang KNAPP, “Regional identity – a conceptual BIBLIOGRAPHY: framework”, in A Sense of Place, ILS – Research Institute for Regional and Urban Development, 2003. 1. BĂHNĂREANU, Cristian, Influenţa facto- 19 Ibidem. rului economic în realizarea securităţii, Editura 20 Idem, pp. 4-5. Universităţii Naţionale de Apărare “Carol I”, Bu- 21 Ibidem. cureşti, 2009. 22 Paul D. WILLIAMS, Jürgen HAACKE, Regional 2. BĂHNĂREANU, Cristian; SARCINSCHI, Approaches to Conflict Management, in Chester A. Alexandra, Procesul de regionalizare a României CROCKER, Fen Olser HAMPSON; Pamela AALL (Eds.), şi securitatea naţională, Editura Universităţii “Rewiring regional security in a fragmented world”, Naţionale de Apărare “Carol I”, Bucureşti, 2012. United States Institute of Peace, 2011, pp. 49-76. 3. COOPER, Andrew F.; HUGHES,

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Christopher W.; De LOMBAERDE, Philippe Technical University, 2010, URL: https://etd.lib. (Eds.), Regionalisation and Global Guvernance. metu.edu.tr/upload /12612876/index.pdf The Tamming of Globalization?, Routledge, New 10. PAASI, Anssi, «The resurgence of the York, 2008. “Region” and “Regional Identity”: theoretical 4. CROCKER, Chester A.; HAMPSON, Fen perspectives and empirical observations on regional Olser; AALL, Pamela (Eds.) “Rewiring regional Dynamics in Europe», in Review of International security in a fragmented world”, United States Studies, Volume 35, Suplement S1, February 2009, Institute of Peace, 2011. British International Studies Association, pp. 121- 5. GHIOLŢAN, Călin Sabin, Legătura dintre 146. regiunea administrativă şi politica regională, in 11. PACESILA, Mihaela, “Regionalizarea “Revista Transilvană de Ştiinţe Administrative” în statele Uniunii Europene”, in Administraţie şi nr. 2 (22)/2008. management public, nr. 3/2004, ASE Bucureşti, 6. KACOWICZ, Arie M., Regionalization, URL: http://ramp.ase.ro/_data/files/articole/3_ Globalization, and Nationalism: Convergent, 15.pdf, pp. 104-111. Divergent, Or Overlapping?, Working Paper #262 12. SARCINSCHI, Alexandra, Globalizarea – December 1998, The Helen Kellogg Institute for insecurităţii. Factori şi modalităţi de contracarare, International Studies, URL: http://kellogg.nd.edu/ Editura Universităţii Naţionale de Apărare “Carol publications/workingpapers/WPS/262.pdf I”, Bucureşti, 2006. 7. KNAPP, Wolfgang, Regional identity – a 13. SARCINSCHI, Alexandra, Migraţie şi conceptual framework, in “A Sense of Place”, securitate, Editura Universităţii Naţionale de ILS – Research Institute for Regional and Urban Apărare “Carol I”, Bucureşti, 2008. Development, 2003. 14. TAVARES, Rodrigo, The Contribution of 8. KUGLER, Richard L.; Ellen L. FROST Macro-regions to the Construction of Peace: a (Eds.), The Global Century. Globalization and Framework for Analysis, in “International Studies National Security, Institute for National Strategic Association Forum”, 20 March 2004, Montreal, pp. Studies from National Defence University, USA, 9-15, apud MUSABAY, Pelġn, op. cit., 2010. 2002. 15. VÄYRYNEN, Raimo, “Regionalism: Old 9. MUSABAY, Pelġn, The Process of and New”, in International Studies Review, Vol. 5, Regionalization in the Black Sea Area: 1991-2010, No. 1, March 2003, pp. 25-51, URL: http://www. Graduate School of Social Sciences of Middle East jstor.org/stable/3186488.

32 STRATEGIC IMPACT No. 1/2013 GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES STRATEGIC TENDENCIES OF SOME MAJOR INTERNATIONAL STATE ACTORS IN 2012

Mihai-Ştefan DINU, PhD*

In comparison with the year 2011, 2012 started complexity, on the background of the co-operation significantly regarding strategic tendencies of relations, developed in order to effectively cope major international state actors, by the Washington with the new challenges emerged in the recent administration announcement which declared the security environment. In this regard, we consider US intention to shift its military effort towards that it must noted the fact that the wave of popular Asia-Pacific region, in order to further maintain revolts from North Africa and Middle East (also its global strategic superiority. This intention known as Arab Spring), although, apparently was based on the perception of the increasing started in the name of common human values Chinese military capabilities in the region, and of as person dignity, efficient government, and economic ones at global level. In this article we democratic values at large, proved the existence also emphasize the fact that Europe will not be of divergent economic and social dynamic. In this left alone following the US strategic shift towards sensitive context to which is added the relative Pacific, but will continue through the European recent historic memory of the European colonial states actions to develop co-operation relations powers such as France and the UK and the existence with the US in order to consolidate and even extend over the last five decades of authoritarian political its influence in Africa. regimes perceived as relying on repressive forces, Keywords: strategic development; trends; gaining political sympathy by Islamist jihadist military presence; France; China; SUA; military movements was relatively simple. force. Remaining in the same region of Middle East and North Africa, we must point the ongoing tensions Introduction over the existence of Iranian nuclear program, tensions that continue to polarize the great powers Dynamics of state actors, especially of group: on the one hand, the West (USA, Germany, great powers on the international scene were France, UK) and on the other hand, Russia and characterized particularly after the 2008-2010 China, that continue to foster cooperative relations period of financial crisis, by an increased level of (with emphasis on the military) bilaterally, but

* Mihai-Ştefan DINU, PhD in Military Sciences, is scientific researcher at the Centre for Defence and Security Strategic Studies (CDSSS) from “Carol I” National Defence University, Bucharest, Romania. E-mail: [email protected]

STRATEGIC IMPACT No. 1/2013 33 GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES also in the organizational framework of the with the starting point at Diwopu International Shanghai Cooperation Organization and economic Airport in Urumqi (Northwest of China) and framework of BRICS. destination point to Sabha (central-eastern part of Also, regarding China, we must note its Libya), an estimated distance between 9500-10500 emergence as a major player in the race for km4, was possible by refueling once in its way to resources. Its energy needs are rising tensions in Libya and two times returning to China. Asia-Pacific, already existing South China Sea Moreover, the extraction of Chinese citizens neighbors’ concerns1 on the broadening of Chinese from Libya by air was accompanied by another influence in the region on the background of large premiere, in maritime sector, when Xuzhou reserves of hydrocarbons under the sea floor being missile frigate transited the Suez Canal from the amplified by the of increased tensions China-Japan Gulf of Aden (where was assigned to conduct dispute on the Senkaku Islands, located in the East piracy missions) to Tripoli, (Libya), covering a China Sea, about 120 nautical miles northeast of distance of more than 4500 km with about 2/3 Taiwan, 200 nautical miles from Eastern China of the supplied5 fuel. Besides demonstrating that and 240 nautical miles Southwest of the Japanese the authorities in Beijing are concerned about the island of Okinawa2. fate of its overseas citizens threatened by security Thus, the positive signals sent by the Russia crisis, China managed to gain political and military and China cooperation – two of the greatest prestige, especially since now Chinese naval nuclear powers in the region – are complemented forces dispose of an aircraft carrier, fact that may by sensitive issues involving China’s dispute with worry neighboring countries like Japan regarding Japan, a major global economic power which China’s shipbuilding capacity, and therefore rising benefits from close military cooperation with US. more concerns. In this context, the US’ intention to move 1. US and the rebalancing of power in Pacific its strategic efforts to Asia-Pacific is more than justified, especially since the China’s neighboring The already twisted regional context is addi- countries6 in the South China Sea have expressed tionally inflamed by the belligerent North Korean their concerns about the expanding Chinese declarations on the background of imposed sanc- influence in the region on the background of tions by the international community, following significant hydrocarbons reserves under the sea its nuclear experiments addition. Thus, the situ- floor. ation in Asia-Pacific gives US enough reasons to Regarding US, we must also consider another re-balance strategic situation in the region. This is military aspect, namely the 2014 troop’s with- confirmed by the US strategic documents that put drawal from Afghanistan. Withdrawal of coali- emphasis on switching US military effort to the tion and NATO forces in Afghanistan could lead Asia-Pacific region. to region destabilization due to the permeability According to the Defense Strategic Guidance3, of the Pakistan border, Islamist elements in both the rising of China as a regional power in East countries could benefit and attract those similar Asia has the potential to directly affect the US elements from the neighboring Central Asia (es- economy and security, especially due to growing pecially Fergana Valley7). However, given the US China’s military power, whose strategic intentions military presence in the Indian Ocean and avail- yet remain unclear and may cause tensions both able expeditionary capabilities, any intervention in regionally and internationally. the region would be a fast one. To these programmatic issues cited from US Switch of US military strategic effort towards defense documents, we must ad the military prestige Pacific subsidiary has a further implication, namely ones, referring to China’s military capabilities. the increasing role of maritime component of US Those issues could have been identified in 2011, forces in future operations, since in both Iraq and in the beginning of Libya war, China proved the Afghanistan operations land forces were the main advance of its military capabilities, as was the case actor. In this context, it is expected that 60% of with the withdrawing of Chinese citizens from naval forces to be moved in the future8 towards the conflict area, using expeditionary operational Pacific. capability using an IL-76 aircraft. The IL-76 route,

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Figure nr. 1. French military forces in Africa

a guarantee of future stability and security in the 2. Mali conflict – reconfirmation of France region, allowing an extension of France’s sphere traditional regional ambitions? of influence on the African continent, this way being able to recover the advance of US and China In assessing 2011 strategic tendencies, we stated in an area considered a French traditional sphere that France is experiencing a trend of international of influence. We also stated our opinion about affirmation through regional actions9. We were back Mediterranean Union (which draft was presented then referring to the strategic objectives of France, in 2008 by the former French President Nicholas as they emerge from the Security and Defense Sarkozy), viewing it as a tool that could be at White Paper issued by the French government, hand for France. Yet, making this tool functional and how France could fulfill them, arguing that requires a constant financial effort supported by the Africa in general and North Africa region, in EU, and France in particular, and in the context of particular, is considered of great importance for the European crisis this effort is more than difficult France based on historical and cultural reasons to support. (language, energy cooperation and economic), The end of the year 2012 put France in the African continent already being a space of for state position to intervene in the Mali conflict at Mali’s actors such as the US and China or non-state actors authority request. Recent conflict in Mali took like Al Qaeda. Furthermore, military aspects are place against the background of the third Tuareg added to historical reasons, France beneficiating rebellion, rebellion which could be consider rather from a large number of forces stationed in several an insurgency since the main actions of the rebels countries on the African continent (Figure. no. 1) consist in kidnapping or killing members of the We also stated that the presence of the European Malian army. The rebellion started in May 2006, as Neighborhood Policy program in the region can be an attack on military barracks in the Kindle region,

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Figure nr. 2. First days of French intervention in Mali10 by an armed group of Tuareg which stolen weapons summer was dismissed after what seemed to be and afterwards demanded greater autonomy and a second coup. End of December found rebel development assistance. forces advancing south, most of these forces being By 2012, the conflict continued through Islamist fighters. The rebels seize Konna city in successive lines of the government and rebels in early 2013, which led to the President Dioncounda March, since the President Amadou Toumani Touare Traore call to French, call urging military aid for is removed from power by a coup orchestrated by stopping rebel advance towards South. the rebels who have taken control and self titling Thus, on January 11, Malian army starts a counter the National Committee for the Restoration of action with the support of the French military action Democracy and State. A period of instability called Operation Service (Figure no. 2) followed, due to suspension of the Constitution, French intervention improves stability the time when the main cities in northern Mali condition, as rebel forces were removed from major are conquered by the rebels. Seizure of Douentza cities (Figure no. 3), and the interim government in April was considered by the rebels the end of announced presidential and legislative elections to entire offensive end. The rebels announced that be held in July 2013. they have achieved their objectives. In this respect We believe that by successfully supporting the declares the unilateral independence of Azawad Malian forces, France manages to strengthen its (Northern part of Mali) from Mali. influence in Africa, a confirmed influence by the In Mali, in order to restore stability, Mobido demand for French military support by Malian Sheikh Diarra was named interim Prime Minister. officials. On August 20, a new government of national Thus, France is expected to play an important unity was formed, Mobido Diarra being appointed role in Africa during 2013, further data could be, yet, plenary as prime minister by the President. obtained only after French government will issue Conflicts between the Northern rebels and recent its White Paper on Security and Defense, Malian authorities reached a peak at the end of the established objectives could indicate us future December, when the government appointed in strategic trends of France, in the sense that will

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Figure nr. 3. Mali situation after three weeks from French intervention11 expand its sphere of influence and become a major In fact, this is the time when Sino-Japanese player in the competition for African resources dispute started openly over the archipelago, due against US, China and maybe even Russia. to a 1968 geophysical assessment of the region led by the UN Commission for Asia and the Far 3. Sankaku/Diaoyu Islands– disputing reason East. Assessment report states that the continental for China and Japan in Eastern China Sea shelf between Taiwan and Japan are major in the broadening context of energy hydrocarbons reserves (Figure no. 4), the estimate resources competition amount of reserves rivaling to those from Middle East region. As mentioned in the introduction to this article, In the year 2012 happened, perhaps, the tensest Senkaku archipelago is situated in the East China moments in the recent history of the dispute. It was Sea, at slightly equal distances from China, Taiwan the year when large protests were held in Hong and Japan territories. Kong, US, China following Japan announcement On the background of historic rivalry between that it would nationalize the islands. China and Japan, the islands of the archipelago Also, at military level, real force demonstrations have been alleged in various historical periods by were held by Chinese maritime forces neighboring each of the two states. archipelago waters controlled by Japan. After the end of World War II, the islands were Despite the fact that these events have raised administered by the US until 1972, the island being concerns of some countries in the region, we considered as part of the territory covered by the believe that the situation will not escalate, the two Security Treaty between Japan and the USA. China countries the actions performed by China or Japan claimed territorial rights over the islands in 1970 over the Senkaku islands could be considered after Japan initiated meetings with Taiwan talks influencing psychological actions in the context on joint exploration and exploitation of energy of ongoing official level negotiations between the resources around the Senkaku archipelago. two countries.

STRATEGIC IMPACT No. 1/2013 37 GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES

Figure no. 4. Hydrocarbons reserves and the actual China and Japan maritime limits nearSenkaku/Diaoyu12

Law’s�� Unhelpful Role in the Senkaku Islands”, Journal Conclusions of International Law, vol. 29, no. 4, University of Pennsylvania Law School, Philadelphia, 2008, p. 903. We consider that state actors and the regions 3�� ***, Sustaining US Global Leadership: Priorities mentioned this article will continue the tendency for 21st Century Defence, Department of Defence, Washington D.C., 2012, p. 2 of expanding spheres of influence, using for 4�� Andrew S. ERICKSON; Gabriel B. COLLINS, this purpose all means necessary to attain their “The PLA Air Force’s First Overseas Operational objectives, from diplomatic talks to military Deployment: Analysis of China’s decision to deploy IL- support in case of conflict until the demonstrations 76 transport aircraft to Libya”, China SignPost No.27, of force power by military capabilities. 2011, pp.1-2, www.chinasignpost.com. Concluding, our opinion is that year 2013 will be 5�� Andrew S. ERICKSON and Gabriel B. COLLINS, a year of strategic repositioning on the background “Missile Frigate Xuzhou Transits Suez Canal, to of competition for energy resources, with no major Arrive off Libya ~Wednesday 2 March: China’s first trends towards open armed conflict between states operational deployment to Mediterranean addresses being perceived as great powers or those claiming Libya’s evolving security situation”, China SignPost no.26, 2011, pp.2-3, la www.chinasignpost.com. that position, although sensitive issues such as 6�� Bernhard�� ZAND, „Stronger Chinese Navy Iranian nuclear issue and unpredictable behavior Worries Neighbors and US”, Der Spiegel, 14.09.2012, of the North Korean authorities, in particular with www.spiegel.de/international/world/strengthening-of- regard to nuclear tests, could rise and turn at any chinese-navy-sparks-worries-in-region-and-beyond-a- point in regional tensions that would lead to open 855622.html conflict followed by instability and insecurity. 7�� Mihai-Ştefan DINU, Influenţa factorilor etnic şi religios asupra dinamicii mediului de securitate, NOTES: Editura UNAp „Carol I”, 2008, pp. 28-35. 8�� Rick ROZOFF, America threatens China: 1�� Bernhard ZAND, “Stronger Chinese Navy Pentagon Prepares for confrontation in the Asia-Pacific Worries Neighbors and US”, Der Spiegel, 14.09.2012, region, www.globalresearch.ca/america-threatens- www.spiegel.de/international/world/strengthening-of- china-pentagon-prepare-for-confrontation-in-the-asia- chinese-navy-sparks-worries-in-region-and-beyond-a- pacific-region/31219 855622.html 9 Mihai-Ştefan DINU, “Strategic Tendencies of 2�� Carlos RAMOS-MROSOVSKY, “International�� Major international state actors in 2011, Strategic

38 STRATEGIC IMPACT No. 1/2013 GEOPOLITICS AND GEOSTRATEGIES: TENDENCIES AND PERSPECTIVES

Impact, No. 1/2012, UNAP Publishing House, pp. 37- 4. ERICKSON, Andrew S. and COLLINS, 43. Gabriel B., “The PLA Air Force’s First Overseas 10 Political geography now, updates on the Operational Deployment: Analysis of China’s changing world political map http://www.polgeonow. decision to deploy IL-76 transport aircraft to com/2013/01/mali-map-islamist-control-french.html Libya”, China SignPost no. 27, 2011, pp. 1-2. 11 Political geography now, updates on the 5. ERICKSON, Andrew S.; COLLINS, changing world political map http://www.polgeonow. com/2013/02/mali-map-update-4-french-take-kidal. Gabriel B., “Missile Frigate Xuzhou Transits html Suez Canal, to Arrive off Libya ~Wednesday 2 12 Adapted map from Reinhard DRIFTE, March: China’s first operational deployment to “Territorial Conflicts in the East China Sea – From Mediterranean addresses Libya’s evolving security Missed Opportunities to Negotiation Stalemate (1)”, situation”, China SignPost no. 26, 2011, pp. 2-3. The Asia-Pacific Journal, http://www.japanfocus.org/- 6. MROSOVSKY, Carlos Ramos, Reinhard-Drifte/3156 “International Law’s Unhelpful Role in the Senkaku Islands, Journal of International Law”, BIBLIOGRAPHY: vol. 29, issue 4, University of Pennsylvania Law School, Philadelphia, 2008. 1. DINU, Mihai-Ştefan, “Strategic tendencies 7. ZAND, Bernhard, “Stronger Chinese of major international state actors in 2011”, Navy Worries Neighbors and US, Der Spiegel”, Strategic Impact, no. 1/2012. 14.09.2012. 2. DINU, Mihai-Ştefan, Influenţa factorilor 8. ***, Political geography now, updates on etnic şi religios asupra dinamicii mediului de the changing world political map, www.polgeonow. securitate, Editura UNAp „Carol I”, 2008. com/www.globalresearch.ca 3. DRIFTE, Reinhard, “Territorial Conflicts 9. ***, Sustaining US Global Leadership: in the East China Sea – From Missed Opportunities Priorities for 21st Century Defence, Department to Negotiation Stalemate (1)”, The Asia-Pacific of Defence, Washington D.C., 2012, p. 2 Journal, www.japanfocus.org/-Reinhard- Drifte/3156

STRATEGIC IMPACT No. 1/2013 39 NATO AND EU: POLICIES, STRATEGIES, ACTIONS PERSPECTIVES OF THE EUROPEAN UNION – BETWEEN POLITICAL INTEGRATION AND DISINTEGRATION

Mirela ATANASIU, PhD*

In the past years, the European Union was 1. Democracy in the EU marked by the first important economic-financial crisis, damaging peculiarly the eurozone. The The opinions are shared on how the democracy lack of opportune and concerted solutions of the must function in the EU. When we refer to European leaders to bring to the escape from the respect of democracy in the national states recession on the background of an already existent framework, the problematic is simple: all states’ institutional crisis on the EU level triggered a social citizens must respect the democratic values. But, crisis determining the extension of euroscepticism when it comes to the respect of democratic values and populism phenomena in some parts of Europe, to the EU level, even the leaders of the integrated awakening latent feelings of nationalism and national states tend to interpret so that their state to secessionism in Europe. Following these emergent benefit more than other states by certain democratic phenomena, it is obvious this European construction rights and to be excepted from certain democratic bearing so many hopes for the future suffers from obligations. These types of situations are multiple. credibility perspective as economic and political For example, the freedom of movement was seen as union. Therefore, voices were heard, some of the one of the greatest aspects of the EU, nevertheless European officials warning the European Union there were situations when the European citizens can collapse because of the decisions taken behind from Romania and Bulgaria were forbidden the closed doors of national governments. the access in states as France. Almost 33,000 If a divided eurozone could mean the dismantling foreigners were expelled from France in 2011. of single market and Schengen area, implicitly of The Romanian citizens represented a significant the European Union as a whole, a trial of enhanced number of persons sent away from the French political integration can lead to the withdrawal territory1. Also, it is well-known the “willingly” from the European Union framework of some expulsion case of about 240 Romanian citizens states as the United Kingdom of the Great Britain. of Roma ethnicity in August 20122. Other similar We consider that whatever will be happening with situation took place in the United Kingdom, when the European Union will define the future of the in 2005 were imposed restrictions 3 on the labour entire world. market in order to protect the British jobs. Keywords: integration; disintegration; EU; In this moment of crisis, it was proved once eurozone; crisis. again that in limit-situation the measures of the

* Mirela ATANASIU, PhD in Military Sciences and Information, is expert with the Center for Defence and Security Strategic Studies from “Carol I” National Defence University, Bucharest, Ro- mania. E-mail: [email protected]

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Member States taken by their own were considered the creation of a federation of the European Union to be adequate solutions to approach and the with own president and armed force represents national interests’ fulfillment constituted the goal the final phase of democracy and nation-state prevailing in front of common European interests. destruction”6. He also stated: “we entered in the In this regard, it is eloquent the British government European Union, not in a federation where we will intention to limit the immigrants access to the become an insignificant province”7. Furthermore, social assistance and health systems’ services. Vaclav Klaus declared he remained the single chief Moreover, the United Kingdom also consults with of state who fights for democracy in Europe. other European states in order to possibly limit the Vis-à-vis democracy and austerity in Europe, free movement into the European space, many EU Gerhard Schroeder, declared for New York Times member countries being preoccupied by marriages „I believe Europe must become more politically by interest and other abuses over the system. integrated in order to get over the long term Therefore, the United Kingdom is involved in financial crisis. The present situation proves it a wide legal dispute with the European Union can be done a common monetary area without a because of the limitations asserted in granting common financial, economic and social policy. the social assistance to the immigrants. Among Therefore, we must build a real political union in the enumerated facts, the United Kingdom wants Europe with an enhanced transfer of power from the reconfiguration of sovereignty prerogatives in the nation-states”8. the relation to the European Union. We consider The Lisbon Treaty brings again in the European the British worries over an invasion of Romanian Union and its institutions focus the European workers after January 1, 2014 is ungrounded citizen and one of the goals provisioned was to because the elimination of restrictions related promote an European democracy to offer the to the access on the labour market from United chance to its citizens to involve in the function and Kingdom or other European Union Member State development of the organization. will not lead to the increase of Romanian workers If the European leaders do not return to the number willing to emigrate for jobs in these states; democratic bases, to demos and referendum, also it will, however determine the employers from the in their actions not only in the declarative level adoptive states to legalize the already emigrated as provisions the Lisbon Treaty, the alternative it workers being on the labour market who will is not very desirable for the Union, the European benefit of equal rights and proper social protection institutions can loose their legitimacy allowing as any other European citizens. to the Member States to revive their national The year 2012 was an electoral year in Europe, sovereignty in areas initially assigned to the Union with major changes, and this trend also maintains and to change their means to settle own, internal in 2013 on the already known background of and foreign, policies without taking into account prolonged economic crisis. It is seen in many the cohesion and common will. European countries, member or non-member of EU4; the leftist parties undertake the political 2. Euro crisis and Member States cohesion power. Under these circumstances, there are created the premises to build a totally different, The eurozone comprises 17 Member States social-democrat Europe, as reaction to the austerity of the European Union9 adopting Euro currency measures promoted by the European rightists. following the fulfilment of convergence criteria The Norwegian social-democrat Carl Tham and sustainable economy in relation with the declared in an article in the summer of 2012 “a economy of the eurozone. By all means, there is the political union can be created when the European presumption the new integrated European states people will have a strong feeling of belonging will bring a plus of stability and economic security and solidarity ones to each other and this will be if at the moment of adhesion to the eurozone they fulfilled when each of us will consider himself to have a low and stable ratio of inflation, a stable be a part of the European people and will trust the currency and qualitative public finances. political institutions”5. The eurozone partnership strengthens the On the other side, Vaclav Klaus, the former economic interdependency between the Member Czech Republic President warned “going toward States, and the single currency used, as well as

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Predictions for the eurozone 2011 2012 2013 2014 GDP growth (%) 1.4 -0.4 0.1 1.4 Inflation (%) 2.7 2.5 1.8 1.6 Unemployment rate (%) 10.1 11.3 11.8 11.7 Public budget balance (% GDP) -4.1 -3.3 -2.6 -2.5 Current account balance (% GDP) 0.3 1.1 1.5 1.6

Table no. 1 – European Commission – European Economic forecasts, autumn 201211 the associated monetary policy bring to closer advantages but indifferently the approach chosen commercial and financial relations. This emergent by the Europeans, the challenge will consist in the economic integration also encourages a better resolution of the Euro currency crisis with exac- coordination of economic policies. The good erbating the European power crisis already in de- functioning of the eurozone is crucial not only cline. for the participant states but also for the whole The Euro crisis unavoidably leads to the European Union, because it actuates the economic exposure of the Europe and democracy problematic. performance. Therefore, under the present We consider the steps to be taken, on medium and circumstances of crisis perpetuating also shows long term, in the European Union framework are the future economic forecasts accomplished by related to its economic stabilization, the exit from the European Commission (See Table no. 1), the this accelerated crisis, the stop of its fragmentation effects of economic recession are ravishing the and the initiation of preparative for a more financial market. Thus, the Euro currency lowered emphasised integration and enlargement and the on the foreign exchange currency markets after optimum solution to escape from the institutional the German GDP decreased with 0.6% and France crisis is turning towards people and democracy by publicly announced “it can not reach the budgetary submitting to the public debate of the issues related goals for 2013, after registered a budgetary cut of to the future of the European Union. In this concern, 0.3% in three months until the end of 201210. we consider a good intention the creation of the Actually, the crisis determines the Member European public debate site14 for the EU problems States to distance one from each other creating a to be directly dealt with the European citizens able perception of European “civilization clash”12. In to express their opinions and even, in 2014, on the fact, in Europe, there are shaping three general occasion of the poles for the European Parliament, trends: one German willing for austerity and rules, to participate with their online vote to the election one Latin aiming the growth, and one Anglo-Saxon of their preferred candidates. This site should be intending to loosen the connections with the EU. popularized and exploited in order to keep the Because of the political restrictions their states constant connection with the European citizens face, the European leaders focused on the institu- for understanding their wishes and dissatisfactions tional crisis restoration being behind the Euro cur- able to be more easily transmitted by these means rency fall and not on the resolution of the political instead of the multiple Gallup polls necessitating challenges. In order to find viable solutions, there more extended financial, human, material and are foreseen four distinctive procedural approach- time resources. Each European citizen can es: asymmetric integration by using the existent create an account on this site, and thus have the treaties; narrower but more integrated eurozone possibility to directly express his/her opinion, to grounded on the existent treaties; political union, have continuous access to the newest information by changing the treaty or negotiation of an agree- over the EU policies and legislative proposals over ment with the new avant-garde as a Schengen type which could be organized debates and consultation treaty13. All the fourth approaches will fundamen- with the wide public, thus the EU leaders could tally change the present institutional and political know faster what citizens agree or not and EU structure inherited by Europe from the Maastricht institutions could consequently react, preventing Treaty. Each approach has its advantages and dis- in this way the apparition of some new institutional

42 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS crises. The national governments would just have stronger financial states to bear the recession’s to act in regard to their population main reaction. burden by lending the poorer countries ignoring The simplest trial to accomplish such instrument of the increasing risk for these loans not to be totally involvement accessible utmost to all the European refunded. The result consisted in constant trials of citizens would mean an important step for the compromises which, actually, lead to nowhere. democracy in the European Union and the growth The second controversial aspect could refer of civic involvement of the Europeans. to the social class that should bear the crisis. The question is if the less favoured classes should 3. Disintegrator trends inside bear the burden of the situation by reducing the the European Union budgetary expenses they benefit of or the highest classes to bear the recession by increased taxes There have already been more then four years and contributions? This trend can be proved by the following the triggering in the United States of sharing process of EU budget for the 2014-2020 America of the financial-banking crisis which, when period of time in the European Council framework also spread on the European continent, damaged undergone in-between February 7-8, 2013. The not only the economies but also the European manner was reached to the settlement of the states sovereignty, comprised of recession and budget of compromise in the crisis situations was generalized unemployment. The current economic not the most favourable for all the Member States crisis has strong consequences over the political and, as in any negotiation, some EU Member and social environments. States benefited their previous experience getting Meanwhile, the European Union decisional the necessary budget allotments, and the states apparatus did not prove capable to offer strong adhering in the more recent waves got lesser viable solutions to be widely accepted and resources which probably would not allow them implemented. Perhaps this happened because it to reach the goals and qualitative standards of was the first main crisis EU had to confront in the development aimed or asserted by EU. Thus, after present form. The crisis launched the development the creditor countries insistence to cut the EU “of a zero sum game where one’s success represents budget, the cohesion fund benefiting countries it other’s losses”15, awakening in the nation-states seems used the strategy of losses diminution. In the ancestral instincts in conformity to which regard to the European Commission proposal of “each for himself and the devil take the hindmost” 1,003 billions Euros, in the variant adopted on or “the stronger one wins”. Thus, each Member February 8 (of 960 billions Euros)16, Romania lost State confronted and combated the crises more by the most; thus 21% from the total EU budgetary singular, separated and disparate, measures, and cut was covered by our country17. Hungary, the not in the common framework offered by a single Czech Republic, Slovenia also lost on the structural political entity as would have been expected. Such, and cohesion funds following the conditions of there were exacerbated some previous latent or funds’ granting, but with smaller losses. Poland less manifesting tensions producing insecurity and minimized its loss balancing the cut on the both confusion in the European Union. pillars – cohesion and agriculture. We consider the budget’s form settled to the end of this European 3.1. Who should bear the effects of the Council transmits multiple messages over the economic-financial crisis? evolvement of European construction cohesion One first disintegrator trend manifests as as we can clearly notice there is maintained the dissensions between the developed and the the differentiation among the stronger and the developing and less developed countries. This can peripheral states and the refusal to grant sufficient be perceived in two means. The first dimension funds for regional development will favour the is centred on the question: which of the Member deepening of the gaps among the states. States should bear the financial burden of eurozone We consider the issue is not who must bear the stabilization? effects of the economic-financial crisis, but the The more stable financial states want for identification and prioritization of their resolution. weaker countries to sustain the burden of the crisis Actually, the problems are multiple. They involve by austerity, and the weaker states want for the the sensitive situation of the banks, generalized

STRATEGIC IMPACT No. 1/2013 43 NATO AND EU: POLICIES, STRATEGIES, ACTIONS unemployment, the decrease of budgetary revenues promising lower taxes and better environmental of the Member States, etc. Still, the essential problem and energetic policies. resides in the states’ inability to find a common The European Union engaged to eliminate xe- solution. Their inability to find a solution to escape nophobia and racism by replacing the discrimina- the EU institutional crisis it does not owe to the lack tion with the liberal-democratic and social princi- of ideas or to the necessity to meditate longer over ples as tolerance and unity in diversity; still, these this issue but in the fact there is no political consensus are frequent problems damaging the minority com- over how to be uniformly paid geographically and munities or the groups of migrants. The national- socially the price of change, on the already existent ist and antiracist actions reached to be so seriously background of budgetary austerity. manifested in Finland that the representatives of The national and class tensions stood against the Nationalist Party – “True Finns” (“Perus- finding a solution agreeable and able to behon- suomalaiset”19, in Finnish) – launched the idea to oured. If such solution it is not generated this year, introduce some different coloured special signs ac- we hardly can deduce it could be found afterwards. cording to nationality for foreigners in this country Perhaps some top leaders wish to slowdown the to wear20. Similar manifestations are taking place moment of a decision just for postponing the un- in Italy, where the nationalism is promoted by the avoidable, a possible disintegration of the Europe- Lega Nord movement, which proposes cultural an Union or a much weakened Union. Even the EU communitarism, solidified on the contempt for for- officials recognized EU collapse is a realist sce- eigners, exacerbated local patriotism, despise over nario. The European Parliament President, Martin the persons living in the south of Rome, xenopho- Schultz, declared “an alarming trend toward rena- bia, federalization claims, etc. tionalizing took is increasing … the chiefs of states Last year, the so-called “electoral nationalism” and government assuming more and more powers appeared as term came from the use of nationalist by debating and taking decisions behind the closed ideas in electoral speeches. Thus, in all rich West- doors and without taking into account the commu- ern states, nationalism wins terrain and extremism nitarian methods”18. becomes more vocal and shocking: in France, in the If, still, EU leaders succeed to implement a Netherlands, in Belgium, in Finland, and, recent- plan of institutional change unitary and concretely ly, in Switzerland21. Thus, the former president of supported, then we can cay Europe is possible to France, Nicolas Sarkozy, requested, in May 2012, go out from crisis. during the electoral campaign for a new mandate, the revision of Schengen agreements and threat- 3.2. Nationalist trends ened with the adjournment of France participation In the last decades, EU suffered an obvious if a political governance is not put in practice in crisis of identity. Since Denmark voted against the twelve months22. By all means, Sarkozy transmit- Maastricht Treaty, in 1992, the slightest idea of ted he wanted EU to be able to execute, suspend or modification induced requests for new referendums. exclude any state from Schengen area which does The negative vote in France and Holland to the 2005 not fulfil its obligations. The main counter-candi- referendum over the European Constitution is the date of Sarkozy, the socialist Francois Hollande, most outstanding example. In the same category are blamed him for gypsies’ situation in France after, included the single actions of the United Kingdom in February, he proposed special camps for this appealing to all kind of mechanisms to the limit of ethnical minority in order to “prevent as this cat- legitimacy in order not to offer total rights to the egory of population to locate anywhere”23. Also, European citizens originated in the Eastern Europe Hollande, who became later on president, intro- states, as Romania and Bulgaria. duced the rhetoric related to the labour market, the The political evolutions from many European lack of jobs being one of French people preoccu- states leads to the idea the European Union, as pations, as concern the Gallup polls24. economic, political, social and cultural institution in endangered. 3.3. Secessionist trends The biggest danger seems to come out from the Reportedly, the true human characters are nationalist policies. The neo-nationalists promote revealed in crisis situations. We consider this their policies reasoning the economic crisis, observation is available both for individuals and

44 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS for groups. The secessionist ideas are old since region’s secession from the Great Britain. The ages in the European area, but since the economic- situation is still disputed. However, we consider financial crisis started to damage peculiarly the the possibility for any region being part of an EU European Union’s space and economy, these gained state to get the independence remains low, but amplitude because of the instability framework these manifestations can encourage similar actions created, more viable for such transformations, and in the Eastern Europe, where the risk of some the single thing necessary is a precedent at one social riots to rise is higher. But, under the impact state of the Union. We already have a precedent, of the problems generated by the lack of adhesion in Europe, Kosovo, but still it has different to the Union’s values and the issues triggered by connotations because Serbia it is not part of a the crisis, the inadequacy of many Europeans to common area as EU. a more complex world, the European Union as a In many sovereign Member States there are re- whole risks to disintegrate and then it just would gions with different economic, linguistic and cul- not matter how many nation-states are part of the tural regions wherein are more or less manifesting European area, because the universal balance will separation trends. In the EU framework, the seces- already have been in sufferance and the world’s sionist trends are manifesting in Belgium (Flan- balance of power would get a totally different profile ders), France (Corsica), Spain (Catalonia and the from the actual one, owed to the fragmentation of Basque Country), United Kingdom of Great Brit- the present common space representing a force in ain (Scotland and Wales), Italy (Southern Tyrol) the world just owed to its existing form. and even countries in Eastern Europe (Romania – the Szekler Land). These trends manifest in ar- 4. The political union – solution for reinventing eas wherein the exacerbated nationalism of some the prosperous Europe? peoples manifests. Secessionism’s motivations are different and more or less grounded or realist, from The idea of political union in the EU framework the economic to the language issues. is not new. It was sounded out and even some Some areas as Catalonia and Scotland are demarches were done, but they failed because in economically advanced; therefore, some could the respective moment the Member States were consider those states fragmentation as a welcomed pleased with that statu-quo. Meanwhile, things change, able to lead to the creation of smaller changed. The euro crises lead to a massive transfer states wherein the population better identifies with of power to EU determining the political union the ideology and culture present in the respective to become a possibility. But, although the pro- region. Europeans formally agreed the political union is On September 11, 2012, a march in the favour of necessary to save euro currency, basically they self-determination took place in Catalonia (Spain) think to totally different means to do it. where the Catalan police estimated a number of Initially, Angela Merkel, the German Chancellor about 1.5 millions participants. Pro-independence declared “before anything, we need a political activist argues their proposal précising Catalonia union”28. She also frankly stated “Germany’s contributes about 20% to the federal budget European partners should decide if they truly collected from taxes, but only a percentage of 14% wish more Europe or just more German financial is appropriated to own budget25. resources”29. In September 27, 2012, the Catalan Parliament After the statement of Germany’s position, it approved a referendum over the problematic obviously shows the states unwilling to assume of independence from Spain, but the Spanish the restraints coming from the new structure can government prevented it would prevent such remain EU members but will not benefit by the referendum from taking place26. Meanwhile, the new union’s advantages. party president of the regional government and the At least, the United Kingdom is seriously opposition party reached to an agreement over the tempted to renounce its participation in the new convocation of a referendum on the Catalonia self- European construction, even if there are voices determination in 201427. sustaining this withdrawal will bring the British Also, the Scottish people announced the people more economic disadvantages than organization of a referendum in 2014 over the advantages.

STRATEGIC IMPACT No. 1/2013 45 NATO AND EU: POLICIES, STRATEGIES, ACTIONS

Francois Hollande, the French President, and more uncertain. While the Euro situation foresees “The political union (...) is the phase worsens, the national governments dominate more following the budgetary union, banking union, and in the detriment of the weakened supranational social union. It will come to offer the democratic institutions. framework for what we will succeed as concerns While the biggest states of the eurozone focus the joint integration”30. We can conclude from this on crisis and the United Kingdom of the Great declaration, in principle, that French people agree Britain progressively disengage from Europe, with a political union, but not before achieving the new coalitions of will created by the second rank other forms of union: economic and social. We members lead the EU foreign policy. We consider consider the declaration is, basically, neutral, even the European leaders should start looking beyond with resistibility shade. France is in expectative. We the crisis, in order for them to regain power, affirm this because, under the present conditions, prestige and influence the Union lost and to return each of these achievements, if they will be to cohesion, trust and respect of democratic basic finalized, represents tests of cohesion and solidarity principles. for EU which is confronting with differences of Perhaps in the future will be formulated a vision starting with the ones over the manner of global European strategy grounded on the political management of the existent economic resources. involvement in the European life and the general Thus, in a material published in media it is briefly will of the European citizens, followed by the presented that “the gap between the Union’s common political will of all the European Union expenses and resources was one of the reasons of states grounded on the directions settled by their European leaders’ fervent discussions”31. These citizens, after where left behind the nationalist discussions taking place on the background of the or elitist egos, the national interests or the basic economic crisis led to the drastically weakening instincts of the stronger over the weaker. By of Greece, Spain and Portugal economies, putting all means, when the democratic values will be to the hard test the cooperation of the Member responsibly and equally respected by all the States in the Union’s framework. Under these Member States and not only reminded in the EU circumstances, some states (Germany, for example) documents, and the burden of the crisis will be seen sustained the already mentioned states, and others as a common not individual task, the Europeans as (as Finland) proved their euroscepticism over the a whole and with single voice will have the chance crush of the eurozone32. to affirm again their statute as great power on the When it was just a wish, the political union globe. was considered to be a simple choice between federalization and inter-governance. At present, NOTES: when is seen as touchable possibility, it was proved the election the Member States should do is more 1 Număr record de străini expulzaţi din Franţa complicated. The European leaders must decide în 2011 – Românii sunt fruntaşi, http://www.ziare. how far to go with an economic federalization com/ diaspora/romani-franta/numar-record-de-straini- involving the common indebting, how much expulzati-din-franta-in-2011-romanii-sunt-fruntasi- 1144290, accessed on 17.02.2013. political space to comprise this federation and if 2 Români expulzaţi Franţa, see: http://www.ziare. the legitimization of this political union will be com/articole/romani+expulzati+franta, accessed on done by the national governments or parliaments, 17.02.2013. the present institutions development or the creation 3�� The restrictions on the British labour market of new institutions in the EU framework. will expire in December 2013. The Labourite Party (of opposition) from the United Kingdom announced Conclusions will sustain any measures to prolong the restrictions. See: http://www.finantistii.ro/ locuri-de-munca/marea- We consider that, before political trends, there britanie-nu-va-prelungi-restrictiile-pentru-romani- must be considered the social context and the si-bulgari-76017), but the European Commissaire for Justice, Viviane Reding, warned it would not be living conditions of the 500 million citizens. possible as the United Kingdom to restrict the liberty of Despite the Member States leaders’ declarations, movement of the Romanian and Bulgarian immigrants the future of a closer Europe as before is more

46 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS when the controls will be stopped on January 1, 2014 laşităţii, al lipsei de încredere în proiectul european, (widely on: http://www.revista22.ro/viviane-reding- February 10, 2013, ��http://www.mediafax.ro/politic/ marea-britanie-nu-poate-restrange-libertatea-de- cretu-psd-bugetul-ue-este-rezultatul-lasitatii-al-lipsei- miscare-a-romanilor-22555.html). de-incredere-in-proiectul-european-10553252, accessed 4�� France, Netherlands, Greece, Italy, Germany, on 15.03.2013. Czech Republic, Slovakia, Romania, Lithuania or 17�� Cristian SOCOL, Lecţia de economie. Eşecul Serbia. de la Bruxelles explicaţiile structurale, February 12, 5�� Carl THAM, Demokratin förlorare i eurokrisens 2013, see: http://www.euractiv.ro/uniunea-europeana/ Europa, http://www.dn.se/debatt/ demokratin-forlorare- articles|displayArticle/articleID_25030/Lectia-de- i-eurokrisens-europa, accessed on 09.01.2013. economie.-Esecul-de-la-Bruxelles-explicatiile- 6 Vaclav Klaus warns that the destruction of Eu- structurale-%28de-Cristian-Socol%29.html, accessed rope’s democracy may be in its final phase, September on 13.02.2013, 12.36 hours. 22, 2012, http://www.telegraph.co.uk/news/worldnews/ 18�� “Naţionalismul şi populismul pot aduce europe/eu/9559937/Vclav-Klaus-warns-that-the-de- sfârşitul UE”, Adevărul newspaper, April 30, 2012, struction-of-Europes-democracy-may-be-in-its-final- see: http://adevarul.ro/ international/in-lume/ phase.html nationalismul-populismul-aduce-sfarsitul--ue-1_ 7 Idem. 50ba00297c42d5a663af07cc/index.html, accessed on 8�� Gerhard SCHROEDER, “Austerity is strangling 12.02.2013. Europe”, New York Times, May 3, 2012, See: http:// 19 Adevăraţii finlandezi, http://ro.wikipedia.org/ www.nytimes.com/ 2012/05/04/opinion/austerity- wiki/Adev%C4%83ra%C8%9Bii_Finlandezi, accessed is-strangling-europe.html?pagewanted=all&_r=1&, on 15.03.2013. accessed on 16.02.2013 20�� “Naţionalismul electoral în Vest şi în Est. Cum�� se 9�� Belgium, Germany, Ireland, Spain, France, Italy, manifestă în Franţa şi în restul Europei”, HotNews, April Luxembourg, Netherlands, Austria, Portugalia and 22, 2012, see: http://www.hotnews.ro/stiri-12062661- Finland (1999), Greece (2001), Slovenia (2007), Cyprus nationalismul-electoral-vest-est-cumse-manifesta- and Malta (2008), Slovakia (2009), Estonia (2011). franta-restul-europei.htm, accessed on 11.02.2013. See: http://ec.europa.eu/ economy_finance/euro/index_ 21 Idem. en.htm, accessed on 12.02.2013 22 Idem. 10�� “Eurozone recession send shares lower”, The 23 Idem. Guardian, February 14, 2013, See: http://www.guard- 24 France 2013��: les nouvelles fractures, ��Ipsos ian.co.uk/ business/2013/feb/14/eurozone-recession- Public Affairs, 25�� ianuarie 2013, ��http://www.ipsos. shares-lower, accessed on 15.02.2013. fr/ipsos-public-affairs/actualites/2013-01-24-france- 11 European Commission – European Economic 2013-nouvelles-fractures#ipsos-video Forecast Autumn 2012, See: ��http://ec.europa.eu/ 25 Should Catalonia be independent?, site of economy_finance/eu/ forecasts/2012_autumn/ea.html debates on European Union issues, see: http://www. 12�� Hans KUNDNANI, The European ‘clash of debatingeurope.eu/ 2012/10/08/should-catalonia-be- civilizations’, ECFR Blog, August 22, 2011, http://ecfr. independent/, accessed on 13.02.2013. eu/blog/entry/the_european_clash_of_civilisations, 26 Idem. accessed on 16.02.2013. 27 Catalonia, referendum pentru independenţă în 13�� Mark LEONARD, Four scenarios for the 2014, http://www.gandul.info/international/catalonia- reinvention of Europe, European Council on Foreign referendum-pentru-independenta-in-2014-spania-ar- Relations, London, November 2011, p. 4. putea-sa-piarda-cea-mai-bogata-provincie-10400247, 14�� http://www.debatingeurope.eu/ is a debating accessed on 17.02.2013 blog of the European Union wherein the usual citizens 28�� “Angela Merkel cere uniune politică. Ce va after creating a profile on the site, can submit debating răspunde Bucureştiul?” România Liberă, June 7, subjects, can analyze stringent subjects which regard 2012, http://www.romanialibera.ro/actualitate/europa/ them and can participate by e-vote to the election of the angela-merkel-cere-uniune-politica-ce-va-raspunde- members of the European Parliament in 2014. bucurestiul-266477.html, accessed on 09.01.2013 15�� George FRIEDMAN, Europe in 2013: A Year 29 Idem. of Decision, http://www.stratfor.com/weekly/europe- 30 “Francois Hollande vede o „uniune politică” după 2013-year-decision?utm_source=freelist-f&utm_ alegerile europene din 2014”, România Liberă, October medium=email&utm_campaign=20130103&utm_ 17, 2012, http://www.romanialibera.ro/actualitate/ term=gweekly& utm_content=readmore&elq=b0 europa/francois-hollande-vede-o-uniune-politica-dupa- 0956b5c4f34dad9687da00710e726d, accessed on alegerile-europene-din-2014-281077.html, accessed on 11.02.2013. 09.01.2013 16 Corina CREŢU,�� Bugetul UE este rezultatul 31�� “Politica bugetară a UE: consens sau

STRATEGIC IMPACT No. 1/2013 47 NATO AND EU: POLICIES, STRATEGIES, ACTIONS dezechilibru”, Calea europeană, January 4, 2013, http:// 2013, available at http://www.caleaeuropeana. www.caleaeuropeana.ro/mapamond-politica-bugetara- ro/mapamond-politica-bugetara-ue-consens- ue-consens-dezechilibru/, accessed on 17.03.2013. dezechilibru 32 Idem. 9. ***, Români expulzaţi Franţa, available at http://www.ziare.com/articole/ BIBLIOGRAPHY: romani+expulzati+franta 10. ***, Should Catalonia be independent?, 1. ***, “Angela Merkel cere uniune politică. available at http://www.debatingeurope. Ce va răspunde Bucureştiul?” România Liberă, eu/2012/10/08/ should-catalonia-be-independent/ June 7, 2012, http://www.romanialibera.ro/ 11. ***, Vaclav Klaus warns that the actualitate/europa/angela-merkel-cere-uniune- destruction of Europe’s democracy may be in politica-ce-va-raspunde-bucurestiul-266477.html its final phase, September 22, 2012, available at 2. ***, Catalonia, referendum pentru http://www.telegraph.co.uk/news/worldnews/ independenţă în 2014, available at http://www. europe/eu/9559937/Vclav-Klaus-warns-that-the- gandul.info/international/ catalonia-referendum- destruction-of-Europes-democracy-may-be-in-its- pentru-independenta-in-2014-spania-ar-putea-sa- final-phase.html piarda-cea-mai-bogata-provincie-10400247 12. FRIEDMAN, George, Europe in 2013: A 3. ***, “Eurozone recession send shares Year of Decision, available at http://www.stratfor. lower”, The Guardian, February 14, 2013, available com/ weekly/europe-2013-year-decision?utm_ at http://www.guardian.co.uk/business/2013/ source=freelist-f&utm_medium=email&utm_ feb/14/eurozone-recession-shares-lower campaign=20130103 &utm_term=gweekly&utm_ 4. ***, “Francois Hollande vede o „uniune content=readmore&elq=b00956b5c4f34dad9687d politică” după alegerile europene din 2014”, a 00710e726d România Liberă, October 17,” 2012, available at 13. KUNDNANI, Hans, The European http://www.romanialibera.ro/actualitate/europa/ ‘clash of civilizations’, ECFR Blog, August 22, francois-hollande-vede-o-uniune-politica-dupa- 2011, available at http://ecfr.eu/blog/entry/the_ alegerile-europene-din-2014-281077.html european_clash_of_civilisations 5. ***, “Naţionalismul electoral în Vest 14. LEONARD, Mark, Four scenarios for şi în Est. Cum se manifestă în Franţa şi în restul the reinvention of Europe, European Council on Europei”, HotNews, April 22, 2012, available Foreign Relations, London, November 2011 at http://www.hotnews.ro/stiri-12062661- 15. SCHROEDER, Gerhard, “Austerity nationalismul-electoral-vest-est-cumse-manifesta- is strangling Europe”, New York Times, May franta-restul-europei.htm 3, 2012, available at http://www.nytimes. 6. ***, “Naţionalismul şi populismul com/2012/05/04/opinion/austerity-is-strangling- pot aduce sfârşitul UE”, Adevărul newspaper, europe.html?pagewanted=all&_r=1& April 30, 2012, available at http://adevarul.ro/ 16. SOCOL, Cristian, Lecţia de economie. international/in-lume/nationalismul-populismul- Eşecul de la Bruxelles explicaţiile structurale, aduce-sfarsitul--ue-1_50ba 00297c42d5a663 af February 12, 2013, available at http://www.euractiv. 07cc/index.html ro/uniunea-europeana/articles|displayArticle/ 7. ***, Număr record de străini expulzaţi din articleID_25030/Lectia-de-economie.-Esecul- Franţa în 2011 – Românii sunt fruntaşi, available de-la-Bruxelles-explicatiile-structurale-%28de- at http://www.ziare.com/ diaspora/romani-franta/ Cristian-Socol%29.html numar-record-de-straini-expulzati-din-franta-in- 17. THAM, Carl, Demokratin förlorare i 2011-romanii-sunt-fruntasi-1144290 eurokrisens Europa, available at http://www. 8. ***, “Politica bugetară a UE: consens dn.se/debatt/ demokratin-forlorare-i-eurokrisens- sau dezechilibru”, Calea europeană, January 4, europa.

48 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS TOWARDS A EUROPEAN UNION CIVIL CODE? (PART I)

Valentin-Stelian BĂDESCU, PhD* George RĂDUICĂ, PhD**

In recent decades, legal sciences have been when the Emperor assembled a team of lawyers experiencing an increased affirmation in various who worked for four years and the resulting laws fields of the society. Development and complexity of merged and have become the French Civil Code, social relations, the unprecedented multiplication a source of inspiration for many other countries. of intra-and inter-social contracts led to a Its founder, Emperor Napoleon, was well aware correlative development of law and its ramification by the significance of this work, appreciating, into new branches, such as broadening of its at the sunset of his life, that the most important scope of action, certified at various levels. This accomplishment would remain the Civil Code – a increases the explanatory and standardizing role fact which posterity certified.1 It is worth recalling of law science, whose function of researching and that Napoleon Bonaparte was a visionary of a deciphering reality is diversifying and deepening, united Europe, but accomplished by other means adding the prospecting side of given reality. than those of the today’s European Union. Keywords: civil code; European Union; private Elaboration of codes is a work of great im- law; European law; contract law; European legal portance in the evolution of the law, culture and space; interdisciplinary research. civilization of a people in general.2 Legal codifica- tion represents thus “the quintessential systemati- 1. Argument zation of law, codes being for the best law fields the common law in the domain”3 and it is not the Why such an article? Modernization and prerogative of modern societies. In ancient times, improvement of legislation as well as its Babylonians, Persians, Indians, Chinese, noticed simplification, represent a goal which all countries many details about the systematic structure of the proposed to themselves over time, and the law, with enough evidence in this regard – Code European Union did no different. A great lesson of Hammurabi, king of Babylon, Old Testament, was given to humanity by bringing together the ancient Indian books, Mahabharata, Ramayana civil law rules in the famous Napoleonic Code, and the collection known as the “Laws of Manu”

* Valentin-Aurelian BĂDESCU, PhD, is lawyer with the Bucharest Bar and lecturer at the Faculty of Law and Administration of the Romanian-German University, Sibiu, Romania. E-mail: valentinba- [email protected] ** George RĂDUICĂ, PhD, is expert with the Center for Defence and Security Strategic Studies from “Carol I” National Defence University, Bucharest, Romania. E-mail: [email protected]

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– contain advanced principles in comparison with since 19516 to 2013, an evolution that focuses on the time. However, the characteristic feature of the decisive role of innovation in training, formula- that period is the isolation of human communities, tion and interpretation of the law, a mechanism that which resulted in the impossibility of comparison occurs in both substrate and in the law language. with another collection of legal rules saying that Innovation and coagulation process of EU law was their encoded law was justified by nature.4 led and influenced, in the current period, to a large The fact that Athens, Jerusalem and ancient extent, by human rights and the principles of hu- Rome, as well as other states of antiquity resorted manism, showing us how the law changed, thus to these essential legal instruments shows that at gaining a more human face. Indeed, the substitu- least in this area there is continuity. And from then tion of the term “Community law” with “EU law” until the present days, coding included almost all reflects the influence of the human rights- move branches of law, which evolved, and, despite not ment. Although, initially, the term “Community very optimistic predictions made more than 150 law” referred to the Constituent Treaties, it is now years ago by the father of sociology – Auguste increasingly used to signify the whole legal order Comte – that the law, not being a science, will have to of the European Union. Focusing on development disappear, law science has developed permanently, driven and targeted by human rights and principles along with the latest scientific researches. Far from of humanism, we can not forget that they are only disappearing, law is developing in various fields of a part of multiple factors that interact and compete the society. There is a widening of the scope of the with the formation of the rule of law. law, certified at various levels, which increases the Here’s how the study of the current state explanatory role of law science whose researching (synchrony) must be combined with the study of and deciphering function of the real is diversifying past states (diachrony). In this way, we realize, and deepening, adding the prospecting side of for example, that the importance that used to be given reality. attached to these types of rules results from the History shows that everywhere law adopted fact that they were based on some fundamental rules imposed by society, or social realities, to be principles of law on which we will dwell in this more precise. While we have seen that not every article. To recognize current trends of EU law, it innovation must be countered, as in the case of a is necessary to examine its short history, as the project of a European Civil Code, by principle, not historical dimension of the law confers it prestige only because it is sometimes a futile effort, since and authority alongside the creations with large law listens to its own interests, but also because human-social resonance. Complexity of socio- going on the just progress of the EU law, obstacles legal phenomenon involves structuring its research, may arise, which could be harmful. a distribution of roles in connection with the need Nevertheless, we can not admit that everything for enhancement of its connected edges. The law, new is also good. The European Code of Contracts as a complex phenomenon of society, is examined Project was new at one time (in the sense that not only from a historical perspective, preserving someone used it for the first time), instead of the some constants across social development, which Civil Code of the European Union, but this formula also transforms during this development, but has already found consecration in the specialty also from a structural perspective, with multiple doctrine.5 qualitative determinations, with components that Studying EU law at a certain temporal level, are themselves in a state of acute interference regardless of the evolution of society is not pos- and from global perspective as a coagulated sible. Not only that we might not fully understand system, with characteristic regularities. Tracing the situation if we do not know history, but freez- the evolution of this phenomenon emphasizes ing the law at a certain point in time is not feasible. the progress of legal status, but at the same time We know that everything that exists is in constant highlights the continuity of the law. Thus, it is motion and transformation, but for EU law this is proved that the study of history alone is not enough, perhaps still more sensitive than for other areas of not even combined with synchronous research, but research. Any paper that describes current law calls it is necessary to examine the current needs of EU for highlights of the last century, and is entitled to law as it develops in order to determine whether it do so. EU law has evolved (and even significantly) is possible that the current trends which trace the

50 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS law’s development from an interstate perspective to The origins of the idea of European unification a human rights perspective still retains its vigour7. lie in the Antiquity. The Roman Empire, by its Thus, it should be followed, in terms of history, political, legal and governance system, through every element of law and, at every changing, their own social order, lasted about five centuries should be examined the law structure at that (47 BC - 476 AD) and can be considered as the first time to see how the change was necessary to attempt to integrate a large part the continent, the the given situation and, further, how the change, Mediterranean area and Asia Minor. For ancients, in turn, influenced the structure of law, causing Romans especially, multiplicity was normal. other changes. Unfortunately, such a study is not Rome was built by aggregation of different cities possible, not only because it claims a tremendous integrated in a common republic, leaving most of amount of knowledge, but rather that the doctrine them with extensive autonomy. and jurisprudence have provided almost all it This multiplicity has been perpetuated in the was needed to track changes of every detail. The Middle Ages when a complex legal system allowed truth is that if the program outlined here would the simultaneous design of cities’ autonomy be executed, the data would be overwhelmingly and imperial powers, and precisely against the abundant. The solution is the choice of historical plurality of politics was built modernity. The idea material showing significant changes, i.e. changes of the nation state was born from the need felt by that result in a reorganization of the system, in other rationalistic spirit of the Renaissance to sort out words, distinguishing from the multitude of details the medieval. During the same period, the idea of what is decisive for the evolution of Community of European unification was born, but this was law and overlooking accidents, or minor changes. seen as a means of achieving the various political purposes: resistance against Muslim expansion, 2. The law system in the European Union dream of some monarchs, the creation of new empires, on the bed of the former Roman Empire, 2.1. Semantic aspects about the idea of or simply as a means of peace-building in Europe. European unity During and after the Thirty Years War (1618- Since the dawn of the Community, Europe 1648), in which religion was mixed with politics, questions itself about its purpose. Is it simply a and ended with the Treaty of Westphalia (this marks common market which eliminates the boundaries the beginning of the nation-states in Europe), the between national civil societies and which opens federation plans became more frequent. British to large flows of international trade? Or Europe William Penn proposed for the first time in “An is moving step by step towards the formation of a Essay Towards the Present and Future Peace of political federation that inherits national state, as it Europe” (1693) a scheme in which the idea of has inherited cities and feudal states?8 unification is put on a nonreligious ground. He If Europe’s purpose is controversial, only nor- envisaged a federation for the American colonies mative foundations of the project have been the (achieved, in fact, in his memory a state was subject of consensus. European construction was named Pennsylvania) and, similarly, a European conceived as a peacemaking instrument. How- federation. He suggested European governance ever, the European Union is not the first political through diet composed of representatives of the expression of a lasting association of European states, in which decisions should be taken by a states, various initiatives have preceded it, many majority of three quarters, and the diet should be of them reflecting the desire for hegemony and equipped with an armed force.10 dictate and it would be wrong to assume that the The German philosopher Immanuel Kant current developments and the level achieved in the advances in “Zum ewigen Frieden” (On the eternal European integration process is an isolated phe- peace, 1795), with the occasion of the Treaty of nomenon whose beginning dates from the years Basel, the following proposals: free states in a following the World War II, a direct application federation of nations state, able to guarantee its of ideas, initiatives and proposals put forward by citizens freedom; democratization of Member the original founders of the European project and, States, by applying a republican constitution; the thus, the ideal of a united Europe is an initiative of practice of an open democracy; disarmament and recent date.9 the abolition of permanent armies; condemning

STRATEGIC IMPACT No. 1/2013 51 NATO AND EU: POLICIES, STRATEGIES, ACTIONS any interference in the internal affairs of other a sincere and honest agreement between France states. Often, the European idea coincides with the and Germany, even at the risk that France will international collective security. Relevant in this fall under Germany’s economic servitude, and respect are the words of Victor Hugo: “There will UK was also included in future federation, as come a day when bombs will be replaced by the proposed by Coudenhove-Kalergi, which, while venerable arbitration of a great sovereign Senate participating in discussions, adopted a negative which will be to Europe what the Legislative attitude. Besides the British Commonwealth, a Assembly is in France.” In 1849, presiding “Friends negative attitude towards Briand’s design was of Peace Congress”, he is the first to launch the adopted by Italy, while Germany and the Little famous formula “United States of Europe”11, Entente gave active support to Briand’s action. an expression taken, a century later, by Winston Czechoslovakia joins the Federal movement of Churchill in his speech at the University of Zurich Briand on September 9, 1929, and Romania, by in September 19, 1946. G.G. Mironescu, claims that a normal economic Until the World War I, the history of the European development of European countries must be made idea is marked by several milestones: attempts in advance, for only thus will be a solid foundation to set up the “universal monarchy” in Europe by of federal collaboration.13 Memorandum that Charles V in the sixteenth century, the Habsburg Briand proposed on “European Federal Union”, attempts to organize a continent where “Austriae edited by Alexis Leger and presented at the League est imperare orbi universa” (is given to Austria to of Nations Assembly in May 1, 1930 begins by rule the world), through military conquests and stating what is not European federation, i.e. an strategic kinship with other royal houses; applying alliance directed exclusively against a nation or a the ideas of the French Revolution by Napoleon, in group of nations (US or Russia) and will not have order to establish a political and economic Europe. the character of a customs union, which, by means In fact, the Congress of Vienna (September 1814 of prohibitionist tariffs, turns into a closed market – June 1815) is the building of Europe under the to other exporting nations (an allusion to the UK tutelage of United Kingdom, Austria, Prussia and US), ensuring that national sovereignty of and Russia reunited later in the Quadruple Alliance Member States will not be touched by participating – “the defence tool of legitimate sovereigns.”12 in the old continent’s federation. Defeat of 1848 revolutions meant keeping the Concrete proposals to create a European idea only in the form of aspirations of writers, conference, a permanent political committee and a philosophers and politicians (Hugo, Nietzsche, secretariat that can only bring on a European scale Hegel, Napoleon III). existing bodies in the League of Nations14, were The end of World War I marks America’s exit subject to consultation of the 27 European countries from isolationism and an active involvement of and hostility of great powers condemned to failure President W. Wilson in materializing the idea of this draft of a federal Europe. All these plans will European unification, as part of the process of face opposition from nationalists and communists, unification of world states. Europe knows now two as was observed by Count Coudenhove-Kalergi: concepts about its future building: first envisages “World War II was, in fact, not a war between cooperation without exceeding sovereignty, and European nations, but the confrontation between the second, to overcome this sovereignty, via the three ideologies, whose goal was a united an integration process. French foreign minister, Europe; a war between Hitler, Stalin and Churchill. Aristide Briand, rallying to federalist concept, Hitler wanted a united Europe under the leadership proposed in a speech on September 5, 1929, in of the Third Reich; Stalin wanted a big communist front of the 10th session of the League of Nations, Europe; Churchill took over the pan-European a federal link between European nations: “Among program of a free and united Europe.”15 peoples who are geographically grouped together In the last two years of the World War II, like the peoples of Europe there must exist a sort of resistance groups have questioned the configuration federal link.” But, he specified: “without infringing of Europe after the war. French resistance group the sovereignty of any of the nations which “Combat” and “Action Party” group from Italy, in might take part in such as association.” Briand’s a draft declaration, ascertained in Geneva, in 1944, federal policy was based on the achievement of that “within a single generation, Europe was the

52 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS epicentre of two world conflicts which, first all, not meet this task. Simultaneously would occur, had their origin in the existence of thirty sovereign progressively, a political integration of member states on this continent. It is important to fix this states. Of course, that also crashed, in turn, by anarchy by creating a federal union among the resistance of national political communities and European peoples”.16 by strengthening of means by which European The Federalists Congress, held at The Hague, countries are consolidating their own economies. 7 to 10 May 1948, concluded that European con- However, in the European Union evolution there struction is the only way to avoid confrontation, are found aspects of this theory, such as the but the states were not yet prepared for this evolu- common agricultural policy, as a definition of all tion. The option at that time was for cooperation, Community economic policies which results in the for the establishment of international organiza- need for policy coordination of the states. tions in which states are represented equally, with In 1948, the French government proposed Great safeguarding mutual interests. Integration projects Britain, the Netherlands and Luxembourg creating requiring states to abandon national sovereignty in a European Parliamentary Assembly. Thus, on favour of the ruling institutions were formulated May 5, 1949 in London, France, UK, Belgium, only in the 50’s, by creating the three Communi- Netherlands, Luxembourg, Italy, Denmark, ties, but even this integration did not corresponded Norway, Sweden and Ireland have adopted the totally to wishes expressed by supranational sup- Statute of the Council of Europe, which entered porters, especially because, starting with the 70’s, into force on August 3, 1949, which, although had Communities have experienced a serious crisis.17 the main goal the achievement of a greater unity between its members, can not be considered as a 2.2. Establishment of the European Union precursor of the European Union, but rather a legal The process of creating the European Union framework for cooperation between European actually started after World War II and went countries.19 through several stages. In this regard was The Council included European countries reactivated the federalist trend in hope to establish based on pluralistic democracy and human rights the United States of Europe, but later, due to protection, constituting the place for political divergent interests of European countries only dialogue between states, resulted, moreover, by Council of Europe was created as an international the adoption in Rome on October 4, 1950, of the cooperation organization, which sought to ensure European Convention on Human Rights, which the sovereignty of each Member State.18 entered into force on September 3, 1953. Besides, Federalist theory put to the fore the political the organizations with cooperation character factor and used the historical experience of seek coordination of Member States, the bodies American and German federalism. Adherents of created having an intergovernmental character this theory assigned nation states’ competencies and decisions taken are producing effects for each at regional level, advocating the elaboration of a state, while integration organizations are creating federal constitution. This trend was struck by the their independent bodies from states, and their opposition of nation states, which is why the myth decisions are required both for the Member States of the creation of a federation of United States of and for individuals20. Europe was not achieved, although currently, the European Coal and Steel Community (ECSC) Lisbon Treaty contains elements of federalism, was established on April 18, 1951, following the such as: the division of competences between the Treaty of Paris signed by six European countries: Union and Member States; the role of the Court France, Germany, Italy, Belgium, Netherlands and of Justice’s jurisprudence; the force of Community Luxembourg. The idea belonged to Jean Monnet legal acts; European citizenship; European single and was presented by Robert Schuman, the Foreign currency; the principle of subsidiarity. Minister of France, at a press conference on March Functionalist theory supported the primacy 9, 1950, when Germany and other Western Europe of technical and economic factors, leading to countries were proposed to form a common techno-economic integration of European states, market, in order to ensure forces for economic due to their need for economic management by reconstruction. To this end, the production of centralized institutions, given that nation states do coal and steel were placed under a common High

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Authority leadership. The immediate objective Parliamentary Assembly and the Court of Justice was to achieve Franco-German reconciliation and and a permanent contact of executive bodies, which elimination of secular opposition between France determined that the three communities – ECSC, and Germany, and for the long-term to follow the EEC and Euratom – be considered as a whole.23 achievement of a political union of Western Europe Thus, the Treaties of Rome marked a reversal of states, which would make impossible any military supranational, as they have provided opportunities confrontation between them and at the same time for integration by extending the powers of the to strengthen their position in the international Parliamentary Assembly, whose members were arena. to be elected by direct universal suffrage and High Authority was headed by Jean Monnet, the transition to majority voting in the Council establishing in Luxembourg in 1952, after the entry (objective accomplished since 1986 through the into force of the ECSC Treaty on May 25, 1952 and adoption of the Single European Act).24 will last for 50 years.21 ECSC was practically the European Economic Community (now the first experience of integration through a regional European Community after the Treaty of Maastricht organization in which supranational institutions in 1992) has set the objective of promoting were endowed with a real legislative power with the harmonious development of economic effect on internal order of the Member States.22 activities throughout the Community, creating European Defence Community project was the foundations of a “Union” more closer to the conceived by France in response to the US European people, imposing, from an economically willingness to accept German rearmament. The point of view, of a common market with similar treaty was signed in Paris on May 27, 1952 by characteristics of national markets. For this Germany, Italy, Belgium, Netherlands, Luxembourg purpose, it provided free movement of goods and and France, where the French National Assembly their protection from outside the Community by refused to ratify authorization. For this reason, common customs tariffs, free movement of people the treaty has not entered into force, and the and capital, protection of free competition. It also establishment of the European Defence Community aimed to harmonize Member States’ economic was considered a failure. It was conceived as a policies, establishment of common sectoral policies supranational organization, which had to manage in agriculture, transport, external trade relations. a multinational European army. Every state had Subsequently, the EEC has received new powers the right to have only limited forces, as defence in defence of the environment, social and regional policy was transferred from Member States to the policy, education, research and technology. Community. European Defence Community Treaty Unlike the treaty that created the ECSC, which maintained the institutional structure established has the legal effect of a law treaty, the Treaty that by the ECSC, except that the power of decision it established EEC sets only the general framework, had the Council and the independent body was the which can not directly create legal obligations, since Commission, which had extensive management the provisions of art. 2 specifies only Community’s powers. task, without containing autonomous rules. These On 1-3 July 1953, at the Conference held in objectives can not have the effect of creating Messina, Italy, the foreign ministers of the six legal obligations for Member States nor rights in ECSC members decided the expansion of the the benefit of individuals25, but only orients the system to other economic areas in order to achieve interpretation of Community law in a formalistic a general common market and the creation of way, contributing to the expansion of Community a common nuclear market. Thus, on March 25, competences.26 1957, were signed the two Treaties at Rome which As the Common market was not defined in established the European Economic Community the treaty, it was regarded by the Court of Justice (EEC) and European Atomic Energy Community as a unified economic space, free from internal (Euratom). obstructions, where customs and economic union The two new Communities were founded on will be made progressively. The Court of Justice unlimited duration, without being specified in also stated that the concept of common market treaties as supranational bodies, although they aims to remove barriers from intra-Community had wide powers. There were common bodies: trade in order to merge national markets into a

54 STRATEGIC IMPACT No. 1/2013 NATO AND EU: POLICIES, STRATEGIES, ACTIONS single market able to offer conditions as close to Title III covers European political cooperation in those of a genuine internal market. the context of community building and Title IV Progressive approximation of the economic contains general and final provisions.27 policies aims that the Member States, in close Without giving up their sovereignty, Member cooperation with the Community institutions, to States were summoned to consult before setting coordinate their economic policies to the necessary their final positions. Each state was required to take extent for achieving the objectives set by the into account the views expressed by the national, Treaty. On April 8, 1965 took place the merger common interests and positions of other countries. of three executives of the three Communities, Although defence matters were not covered by the Merger Treaty being signed in Brussels and the Single Act, it stated that its provisions do not entered into force on July 1, 1967. It comprises constitute an obstacle to closer cooperation and 39 articles grouped into five chapters and does security in the area between the High Contracting not modify the powers originally granted by the Parties, within the Western European Union and treaties establishing the Community institutions. NATO. Regarding the Council, voting rules by unanimity The Single Act has the merit that, for the and qualified majority or simple remained, the first time in an international ratified treaty, the only innovation being the creation of a single European Union is mentioned as the objective autonomous Commission. According to art. 10, of participating states. Through the Single Act, paragraph 1, para. 4, the Commission included European Union was not created, but it showed at least one person from each Member State, the that its building was to be based on two pillars: mandate being limited to 4 years. the European Communities and European Political Merger Treaty stipulates the independence of Cooperation. the Commission to the governments of Member The Treaty on European Union was signed States, but sets its political accountability to the in Maastricht on February 7, 1992 and entered European Parliament, which may adopt a motion of into force on October 1, 1993, due to difficulties censure against it. Also, one single administration encountered in the process of ratification by the community was created, establishing a unique states. Belgium, Luxembourg, Netherlands, Italy status of civil community function and unifying and Greece ratified by ordinary parliamentary the systems of immunities and privileges of procedure. In Spain and Portugal, before Community officials. ratification, constitutional revision took place, The Single European Act was signed as in Ireland, where revision was approved in a in Luxembourg on February 17, 1986 by referendum. nine countries (France, Germany, Belgium, EU objectives are set out in art. 2 of the Treaty Netherlands, Luxembourg, Spain, Portugal, of Maastricht, being achieved only by the principle Ireland and England), and in Hague on February of sovereignty, as defined in art. 5 of the Treaty, 28, 1986 by the other three countries (Italy, Greece establishing the European Community. The Treaty and Denmark). The Single European Act marks a does not refer to any “federal vocation” and not new stage in the achieving of the internal market makes Communities into Unions.28 It does not have and relaunched Community action, constituting a a legal personality, but only a political existence.29 very important moment. It highlights the political Ambiguous wording of the provisions contained in will of Member States to put an end to stagnation the treaty “The Union is founded on the European of community construction, reconciling two trends Communities, supplemented by the policies and that were found in the building of Europe – interstate forms of cooperation introduced by this Treaty. Its cooperation and supranational foreshadowing the mission is to organize in a coherent and cohesive European Union. relations between Member States and between The preamble to the Single Act refers to the their peoples” (Article 1) denotes that the signatory transformation of the relations of Member States states have not fully accepted a federal structure, in a European Union. Title I provides provisions although some trends, which transfers extended common to European Communities and political powers to Union, marks this direction: the single cooperation, Title II makes several changes to the currency, common policy on the movement of treaties establishing the European Communities, third states citizens in the Union, the establishment

STRATEGIC IMPACT No. 1/2013 55 NATO AND EU: POLICIES, STRATEGIES, ACTIONS of the principle of subsidiarity, which regulates a statului de drept şi a integrării europene a României”, concurrent competencies by Communities and in Revista de Drept Public no. 1/2003, p. 58. Member States.30 4 Valentin-Stelian BĂDESCU, Umanizarea dreptului On the other hand, the limited powers in umanitar, CHBeck Publishing House, Bucharest, 2007, foreign policy and absent institutionalization of an p. 7 et.seq. 5 D. M. ŞANDRU, ��“Evoluţii�� recente în armonizarea independent body to represent the Union, indicates dreptului european al contractelor”, in Revista Română the limits of these federal trends. Thus, although de Drept Comunitar no. 3/2007, p. 34 there are used the principles and mechanisms 6 A draft pact for European Union States was specific to federal structures, such as the primacy proposed by Michel Debré, in December 1949, within of Community rules and integration, national the Council of Europe, where it provided a federalist identity of component countries, however, is leadership and management, with a president elected consecrated by art. 6, paragraph 3 of the Treaty. In for five years by universal suffrage and commissioners addition to the limited cooperation, in the foreign established by it, a senate composed of the Ministers policy domain, there is no Union defence policy of of the Member States, a court composed of judges and its own. At Union level, the European Parliament a European assembly composed of national delegates. The proposal of Michel Debré in Paris was reinforced does not have the importance, competencies and by the declaration of French Foreign Minister, Robert significance of state parliaments. Therefore, one Schuman at May 9, 1950, supported by Jean Monnet. can not speak of a federation, nor a confederation, 7�� For large parts of the current doctrinal which is mainly focused on foreign policy and transformation of international law see also Nquen defence, although the principle that a confederation Quoc DINH, Patrick DAILLIER, Alain PELLET, Droit decisions are made by agreement of the Member international public, Politique étrangère, 1987, Volume States finds applicability in the functioning of the 52, Issue 1, pp. 60-81, and references cited there. European Council. 8 Carmen Simona RICU, ��“Ordinea�� juridică Therefore, the EU is a European legal and europeană”, in Caietul Ştiinţific of Annual session political structure, unusual, specific, unique, a new of scientific papers of ��“Carol�� I” National Defence University, Bucharest, 2010, p. 540 şi urm. system outside the legal and political categories 31 9 Ion JINGA, Uniunea Europeană. Realităţi şi currently known. Thus, the originality of Perspective, Lumina Lex Publishing House, Bucharest, Community system is that it provides a framework 1999, pp. 9. within which Member States have agreed to jointly 10 Ion A. POPESCU, Aurelian A. BONDREA, exercise certain powers of their sovereignty.32 Mădălina I. CONSTANTINESCU, Uniunea Statelor The European project builds on the foundations Europene. Alternativă la sfidările secolului al XXI-lea, of a common heritage of European society, by Economică Publishing House, Bucharest, 2005, pp. 41- values, principles and rules specific to these 42. peoples developed along their history. The main 11 Ibidem, p. 43. goal of the EU is to create a common political 12 Ibidem, p. 43. 13 George CIORĂNESCU, Europa Unită. De la space of European peoples and this construction idee la întemeiere, Paideia Publishing House, Bucha- starts, however, from the state, which can not be rest, 2004, p. 141. ignored or to move beyond its borders without 14 G. CIORĂNESCU, op.cit., p. 142. properly regulate this type of relationships. Here is 15 http://www.ziarullumina.ro/pagina-de-istorie/ how, for the first time in its history, Europe, eben if eforturi-de-unificare-europeana-perioada-interbelica not entirely, became a union, not by force of arms, 16 I. A. POPESCU, A. A. BONDREA, M. I. but of law. CONSTANTINESCU, op.cit., p. 45. 17 Christian HEN, Jacques LÉONARD, Uniunea NOTES: Europeană. Un memento complet asupra integrării europene, 10th edition, C.N.I. Coresi S.A. Publishing 1 Virginia VEDINAŞ, “��Codificarea�� juridică şi House, Bucharest, 2002, p. 15. codificarea deontologică”, in Caietul Ştiinţific no. 18 Carmen Simona RICU, op. cit. p. 542. 6/2004, Burg Publishing House, Sibiu, p. 366. 19 Philippe MANIN, Les Communautes 2 Antonie IORGOVAN, Tratat de drept administrativ, Européennes, L’Union Européenne, Pedone, 1998, p. vol. I, All Beck Publishing House, Bucharest, 2001, p. 13. 141. 20 Jean-Claude GAUTRON, Droit européenn, 3 Ioan SANTAI, “Codificarea administrativă, cerinţă Dalloz, 2002, p. 13.

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21 Ovidiu TINCA, Drept comunitar general, IIIrd Uniunea Europeană. ��Un memento complet asupra edition, Lumina Lex Publishing House, Bucharest, integrării europene, 10th edition, C.N.I. Coresi 2005, p. 5. S.A. Publishing House, Bucharest, 2002. 22 Jacqueline Dutheil de la ROCHÈRE, Introduction 8. IORGOVAN, Antonie, Tratat de drept au droit de l’Union Européenne, Hachette, 1995, p. 9. administrativ, vol. I, All Beck Publishing House, 23 Philippe MANIN, op. cit., p. 17. 24 Jean-Claude GAUTRON, op. cit. p. 15. Bucharest, 2001. 25 Carmen Simona RICU, op. cit. p. 545. 9. ISAAC, Guy, Droit communautaire général, 26 R. KOVAR, Communautes Européennes Massou, 1994. – caractères généraux, Juris-Classeur Europe, 1998, 10. JINGA, Ion, Uniunea Europeană. Realităţi Fascicole, p. 110. şi Perspective, Lumina Lex Publishing House, 27 Guy ISAAC, Droit communautaire général, Ed. Bucharest, 1999. Massou, 1994, p. 23. 11. KOVAR, R., Communautes Européennes – 28 Ami BARAV, Christian PHILIP, Dictionaire caractères généraux, Juris-Classeur Europe, 1998, Juridique des Communautes Européennes, PUF 1993, Fascicole, p. 110. p. 1087. 12. MANIN, Philippe, Les Communautes 29 Guy ISAAC, op. cit. p. 26. 30 Philippe MANIN, op. cit. pg. 21. Européennes, L’Union Européenne, Pedone, 31 Philippe MANIN, op. cit., pp. 64-65. 1998. 32 Jean BOULOUIS, Droit institutionnel des 13. POPESCU, Ion A.; BONDREA, Aurelian Communau les européennes, Domat Montchrestien, A.; CONSTANTINESCU, Mădălina I., Uniunea 1993, p. 22. Statelor Europene. Alternativă la sfidările secolului al XXI-lea, Economică Publishing House, BIBLIOGRAPHY: Bucharest, 2005. 14. RICU, Carmen Simona, “Ordinea juridică 1. BARAV, Ami; PHILIP, Christian, Dictionaire europeană”, in Caietul Ştiinţific of Annual session Juridique des Communautes Européennes, PUF of scientific papers of “Carol I” National Defence 1993. University, Bucharest, 2010, p. 540 et.seq. 2. BĂDESCU, Valentin-Stelian, Umanizarea 15. SANTAI, Ioan, “Codificarea administrativă, dreptului umanitar, CHBeck Publishing House, cerinţă a statului de drept şi a integrării europene a Bucharest, 2007. României”, in Revista de Drept Public no. 1/2003, 3. BOULOUIS, Jean, Droit institutionnel des p. 58. Communau les européennes, Domat Montchrestien, 16. ŞANDRU, D. M., “Evoluţii recente în 1993. armonizarea dreptului european al contractelor”, in 4. CIORĂNESCU, George, Europa Unită. De Revista Română de Drept Comunitar no. 3/2007, la idee la întemeiere, Paideia Publishing House, p. 34. Bucharest, 2004. 17. TINCA, Ovidiu, Drept comunitar general, 5. De la ROCHÈRE, Jacqueline Dutheil, IIIrd edition, Lumina Lex Publishing House, Introduction au droit de l’Union Européenne, Bucharest, 2005. Hachette, 1995. 18. VEDINAŞ, Virginia, “Codificarea juridică 6. GAUTRON, Jean-Claude, Droit européenn, şi codificarea deontologică”, in Caietul Ştiinţific Dalloz, 2002. no. 6/2004, Burg Publishing House, Sibiu, p. 366. 7. HEN, Christian; LÉONARD, Jacques,

STRATEGIC IMPACT No. 1/2013 57 SECURITY AND MILITARY STRATEGY CONCEPTUAL INSIGHTS OF STRATEGIC SHOCK AND STRATEGIC SURPRISE

Stan ANTON, PhD*

Strategic shocks rock the usual conventions in low probability event. An example of a shock is: such a way that require the affected institutions to global collapse of financial system undermines fundamentally reorient their strategies, missions, confidence in capitalism”. Other sources in which investment policies, etc., by definition, strategic we may find conceptual interpretation of strategic shock being unexpected and unpredictable. shock can be found in the works of Sam J Tangredi, “Shock” and “surprise” are not synonymous, “All Possible Wars? Toward a Consensus View of although, semantically, they have similar the Future Security Environment, 2001–2025”2, connotations. Shocks are distinct from other where, in his predictions for the future wars and unexpected events of strategic importance possible scenarios, he uses a similar concept, because they are not expected and are represented naming the events that cannot be fully anticipated inadequate in security and military strategies, „wild cards”. There are also valuable scientific their occurrence triggering a strategic and major insights on this concept in different works such disorganization, fundamental to the functioning as: The US OSD Project “Strategic Trends and and viability of a system of national defence and Shocks”, (2007); iKnow Project Consortium3. security. Under the less predictable evolution and con- Keywords: strategic shock; strategic surprise; ditions of the current and future security environ- military strategies; defence; security; impact; ment, due to many factors belonging, on one hand, probability. to the balance of power dynamics at regional or global level and, on the other hand, to globaliza- Introduction tion in its many aspects (political, military, economic, cultural, social, etc.), conventional think- Strategic shocks have the gift to change the ing in terms of security and defence will not result nature of the “game” itself1, and the induced in an adequate, timely and effective response to disturbances are suddenly, occurring very rapidly. new threats, risks and vulnerabilities arising from The origins and roots of this concept can dynamic events that characterize the beginning of be traced back to the paper issued by the Joint the century. Doctrine and Concepts Centre, UK, “Strategic The strategic impact caused by the dynamics of Trends. Methodology, Key Findings and Shocks” the evolution of international relations, use of force (March 2003), where can be found a definition for in promoting the interests of both state and non- strategic shock. Thus, a shock is “a high impact, state actors pave the way for a disruptive potential, * Colonel Stan ANTON, PhD, lecturer, is the director of the Centre for Defence and Security Strategic Studies (CDSSS) within “Carol I” National Defence University, Bucharest, Romania. E-mail: [email protected]

58 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY which will require an increased interest in early practitioners must constantly seek to “scan” of identification of conditions and destabilizing the strategic horizon in order to be prepared to effects that can lead to their characterization as meet the challenges and needs in response to the strategic shocks. occurrence of events which may be considered Strategic shocks, through their strategic strategic shocks. Strategic shocks are events that impact and their alleged violent potential, of will lead to a fundamental shift in strategy, defence multidisciplinary character, both military and forces missions and even strategic investment non-military, will require increased attention from categories. In doing so, the Foresight and Horizon the political and military decision makers as well Scanning (FHS) is a methodological framework to as a firm use of civilian and military capabilities support the exploration and possible implications available to a State within the response and reaction of the occurrence of different catastrophic events, to those conditions that can produce or induce such as those presented in European Commission an effect. iKNOW National Studies – a paper of the EU Future strategic shocks of direct relevance to iKnow Project Consortium issued in 2011. Horizon defence realm will cause a change not only in Scanning (HS) is a structured and continuous perceptions of threats and vulnerabilities, but also on activity aimed to “monitor, analyse and position” the strategic reaction to them. Their physiognomy (MAP) “frontier issues” that are relevant for or design, the overall character, which still cannot policy, research and strategic agendas, the types of be fully predicted at present, force the whole issues mapped by HS including new or emerging system of national defence to a reorientation and trends, policies, practices, stakeholders, services, reinterpretation of the conceptual paradigms that products, technologies, behaviours, attitudes, have dominated military thinking from Clausewitz “surprises” (Wild Cards) and “seeds of change” onwards, institutional restructuring (not so much (Weak Signals).6 in the military related matters but in the defence Throughout the paper, we will try to provide and national security issues), the use of defence answers to questions such as what are strategic capabilities in ways that were not expected or shocks or what types of shocks will have a anticipated and preparing to face challenges that profound impact on policy and decision making in differ fundamentally from those which were defence and security field, as well as to examine usually taken in strategic calculus and military the influence of the strategic shocks on the thinking. defence institutions and to offer an exploratory Nathan Freier4 considers that from the whole analysis of the major events which can induce range of future strategic shocks, the most likely, such effects. It is well understood and generally and most dangerous at the same time, will be recognized that the strategic context of the future those of unconventional nature. These shocks will operating environment will be configured by the not rise from the overwhelming technological manifestation or appearance of factors such as the capabilities and advances of the opponents, but maintenance of a state of insecurity and uncertainty will manifest in ways and means that will exceed marked by strategic shocks. conventional military thinking. Most will have The strategic shock can be defined as an non-military origins and character and will be event, normally very unlikely or likely to occur events pertaining to military field of manifestation at frequency intervals extremely unpredictable of the contradictions between states or between and producing major strategic discontinuities in political and interest groups acting within the societies’ development. state. Their origin is likely to lie in irregular Examples of such events that may be perceived threats, catastrophic or hybrid of “purpose” (their as strategic shocks are the destruction of the appearance from a hostile intent or action) or Minoan civilization of Crete following the eruption threats of “context” (occurring in the absence of of the Greek island of Santorini in 1450 BC, the purpose or hostile action)5. Of the two, Nathan impact of the black plague in Europe XIV century, Freier considers that threat of context is the least or, the attacks on the United States of America on understood and, therefore, the most dangerous. September 11, 2001.7 To prevent future strategic surprise and The definition of the strategic shock proposed strategic shocks, strategists, both theorists and in the project “Strategic Trends and Shocks” of

STRATEGIC IMPACT No. 1/2013 59 SECURITY AND MILITARY STRATEGY the US OSD in 2007, specifies that this is an event shock and strategic surprise. In our assessment, which interrupts the development of a trend, a these two concepts are not mutually exclusive but discontinuity that is rapidly accelerating pace or rather complementary, covering different areas of significantly alter its course, and, in this sense, action in the field of security and defence. undermines the assumptions on which current The combination given by the existing global policies are built, and, by their nature, shocks are situation in geopolitical terms, by globalization disruptive and can change the way we think about in general, or by the movement of persons and security and the role of the armed forces. the large use of information systems in all areas With this starting point, in 2008, Nathan Freier, of social life, is a fertile ground for creating the professor of Strategy, Policy and Risk Analysis at the conditions to achieve strategic shocks. U.S. Army Peacekeeping and Stability Operations From a recent historical perspective, we can say Institute released a paper in which discusses and that, since 2001, we have witnessed three strategic analyzes the concept of strategic shock, the role and shocks. The first is, obviously, September 11, 2001, its usefulness in the development of the national which prompted us to look at the entire global security strategies. Prof. Freier brings a unique security landscape in a completely different way. The interpretation of the operational environment of the second was the financial collapse of 2008, which led security operational environment while achieving to a very different relationship between government a conceptual framework of the formulation of debt and real economy. The third, is still ongoing at security strategies. This framework needs to have present, and is the consequences of the movement a comprehensive character of the data analysis known as the “Arab Spring”, began in 2011. and strategic prediction in so that nations are Before September 11, 2001, history provides not surprised by the violence, the unpredictable numerous examples of states shattered, partially nature and dramatic effects on systemic order that or completely, by unforeseen events. On first ex- a catastrophic event, whether natural or induced amination, this weakness seems to come from a by human action, might have on countries and number of key common factors. Strategic shock is populations at regional or even global level, the closest to production when a number of conditions first responsibility of any government remaining are met: achieving a critical mass of indicators and that of ensuring state security. In his vision, the signals unidentified by analysts, most often led by security and defence policies constitute the tools stiff thought processes and conceptual fixism char- to protect national interests, citizens and social and acterized by lack of mental preparation of the po- economic development of any nation. litical and military authorities, and rigidity of the population or national organization. Combined, 1. The strategic shock these conditions can lead to a state of near paralysis and unresponsiveness when a catastrophic The definition of the term shock in Romanian event occurs. Explanatory Dictionary (DEX) has different con- The first two strategic shocks of the new notations, none of applicability and with specific millennium, the effects induced, have totally denotation in the field of security and defence8. transformed the strategic environment and The exception is the reference to military units de- operational security, and, the financial crisis has signed to produce a shock effect when they mount changed the assumptions on which was built the offensive operations. When referring to Cambridge global financial system, causing a reassessment of Dictionary, there are relatively wider connotations the role of the state in economics and finance, as covering an area which may include, by extension, well as changing the fundamentals of international both physical and emotional effect on a system as economic cooperation. well as shock-induced effects of a dramatic event The first strategic impact of the second dec- that can occur in national security and defence9. ade of the 21st century, the actions that led to the As noted, many aspects of the content of these “Arab Spring” triggered a typical reaction of cas- two definitions are missing from the definitions cade effects that are still ongoing. Regarding the proposed by either the British in 2003 or the assessment that “Arab spring” is an event with Americans in 2007. Hence, the partial confusion geostrategic impact, the analysis points to the con- stemming from the tendency to equate strategic clusion that it has become a trigger of some dra-

60 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY matic events, some ongoing, such as the situation however, developments are not deviations from in Syria, winning elections in Egypt the Muslim rules and do not require the application of self- Brotherhood, and others in their “infancy” – see correcting mechanisms within the system. In case Mali; all these are elements that may, in turn, in- evolution is continuous, an event can turn during fluence the further evolution of the situation in the the phase II – called strategic development, in a Middle East and Near East, and partially the global strategic slippage or drift which in some conditions security situation. In the same rationale, we assess induces a state of surprise. In this stage, it is that for Western states, an impact event as Iran mandatory the use of self-correcting mechanisms to obtaining nuclear weapons will force a reassess- stop moving towards the development of an event ment of the Western position vis-à-vis that country, or action in a disaster. If the trend is continuing, which, in this way, would turn from a regional piv- then we can get into phase III – strategic shock, otal player into one with global influence. a situation that describes the conditions for A “strategic shock” is what you might call an achieving strategic shock. Furthermore, in event that takes place in the world, which through phase IV – systemic transformation or collapse, induced effects, requires us to think very differently depending on the effectiveness of the mechanisms about the way we live or how we approach the of systemic adaptation, there may be achieved a socio-economic development of a nation. new stage of systemic evolution namely systemic The increasing complexity of our world and transformation, allowing efficient response to the fact that we must be responsibly aware of stimuli that generated the transition to a new the transformation of today society require us to system, or, the other option, if the system is not constantly rethink how we conduct our actions as able to cope with the effects of the strategic shock, individuals and society as a whole. Circumstances it may plunge into collapse. in which we live today, in a globalized world, are It is difficult to define strategic shocks other such that something happening in one part of the than in phenomenological terms, as strategic world instantly has echoes reverberating around the shocks are, by their nature, unexpected and world, the virtual world being as important as the unpredictable. Since they are unpredictable, these reality of social action of people and states. Today, shocks cannot be limited to one definition; if we we live in a political system in which international could precisely define the parameters of a strategic and national non-state actors are as important as shock, we would be much closer to the estimate state actors. It is from this relationship, which or their prediction, and if we could predict them, sometimes can become confrontational, disputes these events would not have a significant impact. and differences arising, technological leaps, However, even if we cannot define in detail the philosophical, ideological and cultural disputes is strategic shocks, some analysts10 have noted that likely to cause major effects on the behaviour of strategic shocks sometimes occur in some models individuals, communities and at state or business and a model of strategic shock is the so-called level as well. Due to the change of paradigms in revolutionary wave. Thus, J.N. Nielsen believes various fields, mainly induced by the information that movements in the countries of North Africa society, the struggle between modernity and have been subjected to this model, Tunisia being traditional or other elements that are based less on the epicentre of this movement, which has spread social and technological development and more like a tsunami wave, with effects still affecting the on revolution is likely to become major sources of regional security in North Africa and the Middle future strategic shocks. East. Strategic shock gives rise to shock waves, The evolution of events that can induce the shock waves acting against these fragile regimes, creation of potentially catastrophic effects that may putting pressure on them, forcing them to react, contribute to a strategic shock contains a series of more often under time pressure and that from phases that, in their conduct, indicate how an event the international community, leading eventually or action turns into a strategic shock. to the fall or collapse of the country, as it was Thus, in Phase I, called strategic evolution, demonstrated in Tunisia, Egypt and Libya, and as we see an increase in conditions that can induce it may, most probably, be the case for Syria. changes in the system, which are more or less All events that may occur and contribute to visible or perceived by those involved; at this stage, the production of shocks are the result of dynamic

STRATEGIC IMPACT No. 1/2013 61 SECURITY AND MILITARY STRATEGY actions in different areas, among the most important brought under the scrutiny of the strategic analysis being those from the political and military realms. the occurrence of strategic shocks and their Some time ago, nobody would have thought presumable consequences. In general, all these that the democratization movement started in countries have, in one form or another, policies, North Africa would be possible. Furthermore, strategies, predictions and analyses which includes who would have thought, two years ago, that as major disturbance factors of development and authoritarian regimes will fall in Egypt or Libya state security the strategic shocks. and that, currently, an extremely bloody civil war is underway in Syria. These events were a strategic 2. The strategic surprise shock that the world witnessed, and, in terms of magnitude, at least as dramatic as the collapse of Surprising the opponent, a basic principle in the Soviet Union. Soviet Union was characterized military action, is considered one of the principles by Vladimir Putin as the geopolitical catastrophe of by which the chances of success in achieving the 20th century. However, if we refer to the fall of strategic goals are enhanced by the effects of the Tsarist Empire and the coming to power of the cognitive paralysis or the effects induced by Bolsheviks, that event had a real strategic impact unexpected actions, anticipated too late by the with global repercussions, while the fall of the opponent and rapidly carried out. Surprise had a USSR can be seen, in this logic, at most a strategic decisive role in achieving victory in all historical surprise, being essentially a return to normality. periods, “all great captains seeking to achieve A strategic impact shock depends largely on surprise in both strategic manoeuver and on the the context in which it appears. Consequences can battlefield”11. also be manifested immediately, as in the case of Some military theorists state that “while an attack on national territory or have a long term the rapid emergence of new surveillance and impact, effects occurring in cascade, in a dynamic communications technology increases the that can not be assumed or anticipated. difficulty of disguising large troop movements, In general, rigorously analyzed strategic the principle of surprise is not that the enemy shocks, until a few years ago, were not included in must be taken completely by surprise, is enough the programmatic documents regulating national to become aware too late to react effectively. In security and defence. general, it is also considered that surprise may be This is true also for Romania, which in the in rhythm, force size, direction or location of main documents governing the national security and effort and unexpected onset of actions, and the defence, in the last 20 years, there has never been factors contributing to surprise include: fast and included the eventuality of a strategic shock which, efficient reconnaissance, enemy deception, and by its consequences, endangers the existence of application of unexpected blows, security actions the state or the nation. Instead, these documents and change tactics and methods of action”12. The recognize and describe some vulnerabilities, effects, both moral and material, of the military risks and threats that may affect the country’s actions undertaken by surprise impose new and social and economic development and national unexpected methods and procedures to determine security, in general. Too often in these documents, the opponent to lose the initiative and act in a strategic conceptual concreteness was hidden or reactive manner to induced events. disguised behind generality terms and phrases. Generally accepted by the academic community In this regard, I appreciate that it is time to start is the idea that, at strategic level, the surprise an intense activity of prediction of the future, and can not be achieved as easily as operational and probing its interdisciplinary character, considering tactical surprise. However, this is not impossible, the potential of strategic shocks, and thus to trace especially if this principle is applied in a highly the main lines of force that must be followed in creative manner, to take risks, misinform the order to be able to act effectively and timely in opponent and, to use a thorough analysis of the order to reduce the impact of such events on state factors that contribute to this effect. and population. There are authors who assert that under current Only after the years 2007 - 2008, in countries conditions, it is difficult to establish methods and like USA, UK, Netherlands and France were procedures that are new and unexpected for the

62 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY enemy, and valid for any situation. Nevertheless, the anticipated appearance of shocks have been many of them used in the past to achieve surprise formulated in strategies and strategic planning. shall be able to be applied in the future as well Hence the “shock” and “surprise” are not to specific conditions that may occur on the necessarily synonymous18, although, semantically, battlefield13; still, the most efficient methods they have similar connotations. They are distinct and procedures will emerge out of new sources, from other unexpected events of strategic as the experience of the last conflicts shows, the importance because they are not anticipated, and, knowledge and operational thinking acquired by as such, are inadequately or even not considered the planners and commanders, the use of flexible in security and military strategies, their occurrence structures, mobile and well trained in the use of triggering a strategic and major institutional forms of action and fighting means unknown by disruption, affecting the functioning and viability the enemy in order not only to create surprise, but of a system of national defence and security. also to prevent it. The strategic shock differs from surprise effect From another perspective, there are authors not only in terms of magnitude and probability who believe that, at strategic level, surprise is of occurrence, but also in terms of adaptation of dependent on geopolitical context14. At this level the system to a new reality. In the aftermath of of political and military action, technological a strategic shock, it is likely that a system face a surprise is unlikely, the strategic action having a lack of reaction materialized in what is commonly strong technological dimension, however, it is not known as strategic paralysis. Only then a system the product or expression of technology. Also, reacts, by using its internal mechanisms, to strategic surprise can be achieved at this level by diminish the extent of the exogenous influence, to political and strategic decisions that reflect certain adapt and to adjust to the new reality. In contrast, circumstances or geopolitical status, in pursuit of a the surprise effect induced to a system by an geopolitical effect15. external event is more manageable; the events are, In the analysis of the surprise factor, in addition to a certain extent, foreseen and might be covered to assessing the possibility of achieving surprise, a and dealt with in different contingency plans. very important aspect is to anticipate in a realistic Taking into account the conditions that may lead manner the effects or consequences caused by this to the aggregated strategic shock – the likelihood condition. Usually, we tend to think that achieving of strategic shock effect and impact –, we can surprise belongs to the party that has the initiative, identify and detect, as we illustrated in Figure no. more often associated with an offensive posture. 1, the types of shocks that may occur in the field of However, the defender still has mechanisms that manifestation of the military action, as well as the can induce surprise effect on the opponent and it is surprise factor, elements that are interconnected, up to the defender to identify appropriate tactics, having as the limit of differentiation the probability techniques and procedures that can contribute to, of occurrence of disrupting events, or, as Nathan say, surprise consequences or effects management. Freier considers, the level of anticipation. As Colin S. Gray stated, “the problem is not surprise Based on these assumptions, in describing … rather the problem is the effects of surprise16. the shock and surprise concepts, we can use the formula: 3. Conceptual differences and similarities S = P x I, (1) between strategic surprise and strategic shock where S signifies the category of shock or surprise, P is the probability of an action that In regard to defence and security, Nathan can create the conditions necessary to achieve an Freier suggests that between strategic surprise and effect of shock or surprise and I is the impact of strategic shock there are not major differences, the event. stating that, scientifically, there is no point or But what else could make a clearer difference line of separation (break point) between strategic between shock and surprise? Could it be, as shock and strategic surprise17; however, he found proposed by Helene Lavoix in Looking out that the limit of separation of the two is a function for Future Shocks, the emotional factor19? Can of strategic impact event, the extent of disruption the emotional factor trigger major behavioural caused to the system, and the degree to which anomalies at institutional and organizational

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Figure no. 1. Impact – probability relation in determining the shock and surprise levels? Or is the effect on cognition and decision litical or military-political entity undergo a cata- making of the perceived threat so important, that strophic or dramatic event. If the event itself does can impact, resolutely, on the decisions needed to not weigh existence and survival of the state or en- face the unexpected? These are questions which tity, it is more likely that event, on the scale of im- may have an affirmative answer. pact, represents only an effect of surprise. In con- Including emotional factor of the policy makers trast, if functioning of the state or people survival and public perceptions into the equation helps us is at stake, then, surely, we face a strategic shock. better appreciate the difference between shock Furthermore, in assessing what makes the and surprise; this element is likely to be measured difference between shock and surprise, we consider sociologically, helping in making a better that very relevant is also the level of uncertainty. distinction between the two concepts. Any strategy, by definition, is forward-looking Thus, equation (1) may be supplemented by a and future is inherently uncertain. No matter how qualitative factor that would help us more in the committed we are to be completely prepared for differentiation of these two effects, aimed to be a situation, there are limitations to the ability of achieved by confronting enemies, this being, as those responsible for designing and implementing mentioned above, the emotional factor. future strategies; it is being recognized as an axiom Consequently, the equation would become that the more certain, predictable and predictably S = P x I x E, (2) the future is, the easier it is to answer challenges in in which E signifies the emotional factor. the operational realm. Uncertainty increases with Of course, an important aspect in determining the time horizon covered by the strategy and the the achievement of conditions that describe a frequency of changes in the security situation. To state of shock or strategic surprise is the way in be effective, any strategy will try to anticipate and which the emotional factor can be quantified. For actively influence events by means of forecasting this purpose, different techniques can be used, the the future; only then policymakers, commanders simplest being to establish a scale of emotional and staffs are being able to prepare and coordinate shock (in the population, the military, the political political and military actions in order to mitigate and administrative decision-makers, etc.). This the risks and diminish the chances of facing may indicate various levels of emotional impact, strategic shocks or surprise. different measurement techniques and sociological tools being used to measure it. 4. Taxonomy of strategic shocks Another element that can help to distinguish between these concepts, especially when we relate In building any types of conceptual categories, it to national security and defence issues is how an is difficult to establish criteria for the classification event affects the survivability of a State or a po- and systematization, especially in the field of

64 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY security analysis, given early conceptualization of • opponents – the competitive and conflictual strategic shock, a term characterized by a complex nature of relations in the field of manifestation and diverse connotations. However, in this work, of military action and security and their logical we try to give a perspective in understanding counter-reactions can cause such effects leading the strategic impact categories, taking into eventually to the occurrence of a strategic shock; consideration various criteria which limit the types • security environment – there are still many of strategic shock, reviewing possible sources of political and military conflicts caused by claims on their birth. territories, border disputes, military competition, natural resources and cultural and ethnic Criteria for classification of strategic shocks differences, these tensions continuing to coexist In establishing criteria for classification of and interact with the most unexpected results; strategic shocks, we should not forget that they are • economic and financial environment – can deducted, predicted or presumed based on certain cause catastrophic effects through increased trends of different nature (political, economic, interdependence between complex systems, military, cultural, social and so on). Strategic such as energy sources, transport network, food shocks must be understood in a broad perspective, production and global internet-based network; preferably historical. Predictive ability and analysis • technological level – technological gap of various structures responsible for monitoring the can contribute to obtaining benefits or a state of development trends and disturbances in various inferiority, which, ultimately, in combination with fields should be based on understanding the other factors – industrial base, military, social, dynamics of events, opportunities and problems human, etc., can lead to the achievement of that contribute to a timely and effective response conditions that describe a strategic shock; to the inevitable. We must say that, in terms of • cyberspace – is becoming more and more the probability of catastrophic events, they can a platform for launching attacks with significant be categorized into probable or likely events and effects having the ability to paralyze the economy, inevitable events. The inevitable events usually communications, capital flows, navigation, safety occur without prior indices – major natural disasters at nuclear power plants etc; such as earthquakes – in their case, the question • natural physical environment (catastrophic that arises is not whether but when it will occur. events including climate change); As for likely events, the problem should be viewed • political, military, cultural, religious entities in probabilistic terms, in this case being needed a – globalization creates a new context of formal and determination of the likelihood of the events, as informal exercise of national power. Regional and well as a setting of the time frame in which these international institutions, governments and non-state events may take place. actors, particularly large transnational corporations, Therefore, we propose that in wide strategic some NGOs, religious groups, private security com- shock classification criteria, to be included: panies, etc. make use of the tools of globalization • nature of shocks or natural physical status; and reduce the state’s monopoly on power. • environment; In agreement with the possible sources of • location and distance of propagation of the inducing strategic shocks and their classification effects of actions or events; criteria identified above, we consider that the • physical-geographical and spatial dimen- following list of types of strategic shocks, which sions; is not intended to be exhaustive, can be a starting • information-cognitive component; point for the analysis of strategic shocks likely to • chronological criteria – duration or be borne by communities and nations in the near or persistence over time; more distant future of humanity: • scale and importance of the changes induced • natural or artificial; in a system. • positive or negative; • conventional or unconventional; Sources of strategic shocks • local, regional or global; As for the category of sources that may induce • internal or external to states; strategic shocks, the following can be considered: • military and security;

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• technological; 2001–2025”, McNair Paper no. 63, Institute for National • conceptual; Strategic Studies, US National Defense University, • moral, cultural, religious or ideological; 2000. • social; 3 iKNOW National Studies, European Commission, • economic (Directorate-General for Research and Innovation Directorate B – European Research Area Unit B.5 • political; Social Sciences and Humanities, 2011. • demographic. 4 Nathan FREIER, op.cit. 5 Ibidem, p. VII.�� Conclusions 6 iKnow Project Consortium, iKNOW National Studies, European Commission, (Directorate-General The strategic context of the 21st century will for Research and Innovation Directorate B – European be radically changed, compared with that of Research Area Unit B.5 Social Sciences and Humanities, which we are witnessing. Its configuration will be 2011), p. 9. determined and influenced not only by linear trends 7 Development, Concepts and Doctrine Centre, of evolution, but rather by events that will lead to Global Strategic Trends Programme 2007 – 2036, (DCDC, Shrivenham, Swindon, United Kingdom, non-linear dramatic changes and discontinuities 2007), p. xii. in the evolution of different areas – geopolitical, 8 Author’s translation from Romanian: Shock, social life or humanity development. shocks, noun 1. ��Collision, sudden and violent shock In the era of globalization, security threats are between two bodies. ◊ adj. Shock unit = (about military transnational events, making the issue of protecting units) to fulfil a difficult task in offensive combat. ♦ = territories and citizens a priority, however, the thermal shock technology in the manufacturing process economic aspect becomes more predominant so of beakers, etc. of products, which is the sudden cooling that security policy stance of many states have of parts. 2. General disorders, sudden and violent of the changed and will change. body functions (caused by an external cause variety) that We consider that an analysis and evaluation of manifest through physical and mental imbalance; stroke. ♦ Spec. Particular form of acute imbalance of mental the most plausible shocks in defence and security functions caused by a strong emotion. - From Fr. choc. field and their integration into security strategies, Source: Dicţionarul explicativ al limbii române, ediţia taking them into account in strategic planning, will a II-a, (��Romanian Language Explanatory Dictionary, give decision makers the opportunity to identify Second Edition), ��Academia Română,�� Institutul�� de preventive measures and effective response to Lingvistică „Iorgu Iordan”,�� 1998. risks, threats and vulnerabilities that can contribute 9 a) Shock - the emotional or physical reaction to to the emergence of strategic shocks. a sudden, unexpected and usually unpleasant event or The strategic shocks generate cascading effects experience; b) a shock to the system - when something of multiple orders, resulting in changing the new or unusual feels difficult or unpleasant - http:// strategic context, transforming behaviour and the dictionary.cambridge.org/dictionary/british/shock_ 1?q=shock , accessed June 20, 2012. modus operandi of the actors. 10 J.N.�� NIELSEN, Strategic Shock in North Africa, As such, the strategic leaders, in their products http://geopolicraticus.wordpress.com/2011/03/03/ – strategies of defence and security –, have a strategic-shock-in-north-africa/ - accessed 13.03.2012 duty and responsibility to probe the future with 11 Ioan SICHITIU, Alexandru IOANIŢIU, Elemente professionalism and creative imagination to de strategie, Atelierele Cartea Românească, Bucureşti, answer questions arising from the need for subject 1936, p. 66. knowledge and understanding of strategic shocks. 12 Mircea MUREŞAN, Costică ŢENU, Lucian STĂNCILĂ, Corelaţia Artei Militare cu Fenomenul NOTES: Militar Contemporan, Curs de Artă Militară, Editura Universităţii Naţionale de Apărare „Carol I”, Bucureşti, 1 Nathan FREIER, Known Unknowns: Uncon- 2005, p. 61. ventional “Strategic Shocks” in Defense Strategy 13 Ibidem, p. 62. Development, (Strategic Studies Institute, United States 14 Colin S. GRAY, Transformation and Strategic Army War College, 2008), p 5. Surprise, U.S. Army War College, 2005), p. VI. 2 Sam J. TANGREDI, “All Possible Wars? Toward 15 Ibidem, p. VI. a Consensus View of the Future Security Environment 16 Ibidem, p. VII. 17 Nathan FREIER, Known unknowns: unconventional

66 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY strategic shocks in defence strategy development, conducerea trupelor, Editura Militară, Bucureşti, (Strategic Studies Institute, USA, 2008), p. 7. 1986. 18 Ibidem, p. 7. 12. GRAY, Colin S., Transformation and 19 Helene LAVOIX, “Looking out for Future Shocks”, Strategic Surprise, U.S. Army War College, 2005. in Resilience And National Security In An Uncertain 13. JENKINS, Jack, A Project Management World- Centre of Excellence for National Security, S. Primer, 2006, p. 32, http://www.nickjenkins.net/ Rajaratnam School of International Studies, p. 42. 14. LAVOIX, Helene, “Looking out for Future BIBLIOGRAPHY: Shocks”, in Resilience And National Security In An Uncertain World, Centre of Excellence 1. ***, Metode de fundamentare a deciziilor for National Security, S. Rajaratnam School of militare, Editura Diagonal, Bacău, 2001. International Studies, Nanyang Technological 2. ***, Future Land Operational Concept, University, Singapore, January 2011. UK Ministry of Defence, Development, Concepts 15. LUPAN, Mariana, Globalizarea and Doctrine Centre, 2008. economiei, curs, Universitatea “Ştefan Cel Mare” 3. ***, Global strategic trends – out to 2040, Suceava, 2009. UK Ministry of Defence, 2010. 16. MUREŞAN; Mircea; ŢENU, Costică; 4. ***, Joint Concept Note 2/12, Future Land STĂNCILĂ, Lucian, Corelaţia Artei Militare Operating Concept, UK Ministry of Defence, cu Fenomenul Militar Contemporan, Curs de Development, Concepts and Doctrine Centre Artă Militară, Editura Universităţii Naţionale de (DCDC), May 2012, www.mod.uk/dcdc Apărare, Bucureşti, 2005. 5. ***, The National Security Strategy of the 17. Naval Postgraduate School, United Kingdom, Security in an interdependent Transformation Chair, Forces Transformation world, 2008. Chairs Meeting: Visions of Transformation 2025 6. BUŢA, Viorel; CIOCAN, Mihăiţă, – Shocks and Trends, February 21, 2007, p. 3, “Studiu asupra luării deciziei în condiţii de risc http://www.docstoc.com/docs/39076920/trends- şi incertitudine în situaţii de criză”, in Puncte de and-shocksdoc---Visions# vedere şi dezbateri la început de drum în NATO, 18. NIELSEN, J.N., Strategic Shock in North Editura A.I.S.M., 2002. Africa, http://geopolicraticus.wordpress.com/2011/ 7. Chief of Force Development, National 03/03/strategic-shock-in-north-africa/ Defence Headquarters, The future security 19. PLIEFKE, T.; SPERBECK, S.T.; environment 2008-2030, Part 1 – Current and URBAN, M., The probabilistic risk management emerging trends, Ottawa, Ontario, Canada, 2008. chain – general concepts and definitions, 8. DUPONT, Alan, “Joining Up the Dots: http://www.grk802.tu-braunschweig.de/Links/ A Methodology for Assessing National Security PliefkeSperbeckUrban 2006_RMpaper_V3.pdf Risk”, in Resilience And National Security In 20. SANDU, Ion - Eftimie, Decizii în condiţii An Uncertain World, Centre of Excellence for de incertitudine şi risc, Editura U.N.Ap. „CAROL National Security, “S. Rajaratnam” School of I”, 2006. International Studies, Nanyang Technological 21. SICHITIU, Ioan; IOANIŢIU, Alexandru, University, Singapore, January 2011. Elemente de strategie, Atelierele Cartea 9. European Commission, Directorate- Românească, Bucureşti, 1936. General for Research and Innovation Directorate 22. TANUGI, Laurent Cohen, The Shape of B – European Research Area Unit B.5, Social the world to come – charting the geopolitics of Sciences and Humanities, iKNOW National a new century, Columbia University Press, New Studies, 2011. York, 2008. 10. FREIER, Nathan, Known unknowns: 23. United Nations Department of Economic unconventional strategic shocks in defence and Social Affairs/Population Division, World strategy development, Strategic Studies Institute, Population Prospects: The 2008 Revision. USA, 2008. 24. United Nations, World Economic Situation 11. GRAD, Vasile et alii, Statele majore şi and Prospects 2012. Global economic outlook, New York, 2011.

STRATEGIC IMPACT No. 1/2013 67 SECURITY AND MILITARY STRATEGY THE APPROACH TO THE “HUB AND SPOKES” CONCEPT IN THE ECONOMIC AND MILITARY FIELDS

Gheorghe MINCULETE, PhD* Polixenia OLAR**

The research and applications conducted of the new economy have changed fundamentally, with regard to the “hub” networks abound in becoming more open, non spatial and informal, the economic and military fields. The use of one and the information flows within networks are or more “hubs” within some distribution and achieved at greater speed, circulating through supplying networks allows the consolidation of the radial structures of the hub and spokes1 type. flow of traffic for many types of problems raised by The “hub and spokes” distribution paradigm (the the goods and people transports. The applications model or the network) is a system of connections of the “hub and spokes” concept include the displayed as the hub of a wagon, within which transport of people, goods, information and energy. the connections are achieved along the spokes Research shows that the efficient use of “hubs” connected to the hub in the centre2. as points of transfer allows planners from the The “hub and spokes” model allows us to economic and military field to reduce the number determine the best solutions that use mixed of trips/operations and indirect connections for the variables of decision making. The model includes minimization of the total costs and for a better use multiple objectives which depend on the decisions of the human, material, financial and informational of the decision maker and which include: the resources. minimization of the distances between spokes and Keywords: “hub and spokes”; „hub and hubs, the maximization of capabilities of airlift, the spokes” network; „hub and spokes” system; „hub maximization of the number of bases in order to and spokes” model; „hub and spokes” logistic sustain the costs in case of unfavourable weather, networks; „hub and spokes” military logistic the maximization of human resources3. operations; logistic support. The “hub and spokes” systems raise specific problems included in the category of general Introduction problems raised by networks. The air companies, mail and delivery services, computer networks In the conditions created by globalization and represent examples of the use of “hub and spokes” the revolution in information technology, the systems. In each case, the hubs serve as focal significance and role of associations and networks points for the collection of resources from several

* Colonel Gheorghe MINCULETE is PhD Professor at the Logistics, Finance and Accountability Department within “Carol I” National Defense University, Bucharest, Romania. E-mail: [email protected] ** Polixenia OLAR is teaching assistant at the Foreign Languages Department within “Carol I” National Defense University and is PhD student with the same institution, Bucharest, Romania. E-mail: [email protected]

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Figure no. 1. The “hub and spokes” model 5 places and redistribute them from the hub to and its subsidiaries have common needs and, their places of destination. Nevertheless, another as a consequence, their systems must function characteristic that all the mentioned networks have together. is the interconnectivity of all the hubs. For this Normally, an organization (“hub”) establishes reason, a clearer model for these examples from and maintains the network in the field where it the real world could be a minimum ramification functions offering the infrastructure for services under the form of a tree4. Another typical example (financial, industrial, logistic, medical, educational, of the tree shaped network is the road transport transportation etc.) to the subsidiary structures network of a large country but with a narrow (“spokes”), at local, regional, national and global littoral where all the important cities and the level, performing as the key catalyst for the majority of the economic activities of that country promotion and materialization of the opportunities are concentrated. A general model of this concept for economic development6 (Figure no. 2). is presented in Figure no. 1. The interconnection within the “hub and spokes” system represents an important aspect due 1. Implications of the “hub and spokes” to the strong position occupied by the “owner” of concept in business the hub. Walmart company, the leader from the point of view of costs, uses a “hub and spokes” The “hub and spokes” concept represents a type network in order to distribute its products to metaphor that resembles the system of a parent the individual retailers. organization with the hub of a wheel that moves The “hub and spokes” model is a system that forward together with the system of the subsidiary makes transportation more efficient through the organizations, which represent the spokes. Thus, significant simplification of the network of routes. it results that the economic-parent organization It is used extensively in both passenger and cargo

Figure no. 2. The relation between the parent organization and its subsidiaries7

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Figure no. 3. The “hub and spokes” system in an airport11 commercial air services, and the model was also optimum solution for air transport in general. In adopted in the technological sector. Delta Airlines fact, the optimum structure may change in time. introduced the model for the first time in 1955, A well documented example is that of the internet but it extended only in the 70s, when FedEx on the USA, which transformed from a linear used it, thus revolutionizing the way in which air system at the beginning of the ’70s in a mesh type companies were run8. network beginning with the mid ’70s and until the Thus, the passenger air companies are the most beginning of the ’90s, and since then in a “hub and common examples when it comes to speak about spokes” system due to the commercialization of the “hub and spoke” activities type and many of the internet9. these companies successfully use this concept. The air hubs developed beginning with 1987. At The “hub and spokes” strategy envisages the the end of the era of regular flights, air companies passengers travelling between departing points had to raise the airplane load in order to remain and destinations for which the level of traffic is not competitive. As companies increased, the number sufficient for frequent direct flights. The operations of passengers passing through the air hubs, their through “hubs” allow air companies to serve efficiency and profitability increased. smaller markets in conditions of profitability. The term “hub and spokes” in air transports The international commercial air transport and describes a common method for the organization the maritime transports (the ports) are organized of flights in an air company. Air companies have according to the “hub and spokes” system. “hubs” in a few cities from which most flights However, the competing “low cost” companies depart, with “spokes” leading to the cities of use a mesh type structure. In other words, the destination, “non-hub” cities (Figure no. 3). When “hub and spokes” system is not necessarily the flying from one city to another, there will typically

Figure no. 4. System “from one point to another” vs. “hub and spokes” system 13

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Figure no. 5. “Hub and spokes” system in supply chain management19 be a connection from one of the “hub” cities of the to which they can fly. However, at the same time, company. This system can also be implemented the frequency of flights from and to small airports for other forms of transit, as well as in the transport decreased as a result of the fact that the main air of cargo10. companies left this market in order to focus on In USA, the “hub and spokes” system was more profitable routes14. developed following the deregulation of air Through the method of plane distribution the companies. Before the implementation of this air companies designate some or more strategically system, companies operated flights from one point situated cities as “hubs” for the larger airplanes to another, which was not costly efficient. From that carry the majority of passengers and cargo a conceptual perspective, the “hub and spokes” by scheduled flights. The passengers and cargo system was meant to concentrate traffic to one are then shipped to their destinations by smaller main airport (“hub”) from smaller airports (known airplanes belonging to the same company or to as “spokes”) or through other methods of transport, other smaller ones on the basis of a “code sharing” and the resulting group of passengers was to be arrangement15. transported from one airport (“hub”) to another12. The hub-and-spokes system initially brought In Figure no. 4 we compare the way of main functional advantages to the air companies: functioning of the “hub and spokes” system with - it ensured that connecting flights belonged to the system from one point to another. the same company; By developing this system, a more integrated - it focused on services offered in large cities; system of travelling was offered to passengers, in - the planes arrived at predictable intervals, in which passengers originating from smaller areas general easing the work of airport personnel and could make transits to a larger airport, of the traffic controllers16. hub type, from where flights toward many other The transfer of traffic through a “hub” airport destinations were possible. In the “point-to-point” allows companies to operate more efficiently and system, passengers could travel to small cities by to control cost at the same time. The “hub” is the other means, while the “hub and spokes” system central point from where the daily activities of the increases the possibility to couple cities from and company can be coordinated. Keeping operations

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Figure no. 6. The simple allocation (left) and multiple allocation (right) of depots at central points in a “hub and spokes” network 21 in a central place leads to the downsizing of would be fascinating to use the methodology of personnel and necessary logistics. The “hub and networks for the study of the organizational design spokes” system increases the degree of airplane of the “hub and spokes” type. usage and passenger load17. There is an impact of the “hub and spokes” However, some disadvantages have appeared system on the processes and organizations in the because of some environment factors. Besides field of business as it is shown in Figure no. 5. the mentioned advantages, the “hub and spokes” The concentration of economic logistic is based system also hides some risks for companies and mainly in “hub and spokes” structures, whose airports: crowdedness and delays in “hub” airports; logistic centres (hubs) are the heart of the physical discontinuous use of airport facilities; dependency distribution systems. on airports18. A logistic network of the “hub and spokes” The “hub and spokes” system has proved viable type consists of wheels/hubs that carry out specific in time for commercial aviation. People accepted operations. As a consequence, we must consider the system as the most rational way to organize the fact that the transfer between the hub and the people, goods and planes, the same in which they spokes can be ideally implemented for products accept the corporation as the best way to organize that enjoy a stable and steady demand and low the production of goods and services. depositing costs on the market of reference. Within the demand-offer processes on the 2. The “hub and spokes” logistic market, the intermediaries reduce the costs of networks and related issues transactions for buyers and sellers through the creation of networks. The intermediaries produce The “hub and spokes” logistic networks network economies by replacing the costs of direct diminish discrepancies between possible conflicting seller – buyer transactions with contacts of the requirements for reduced costs for shipment, “hub and spokes” type. In contrast, when many speed of delivery and small loads. However, the buyers and sellers must interact directly, they are composition of “hub and spokes” systems still has faced with high costs for searching and exchanging problems that need to be solved. information (Figure no. 6)20. Organizations need to reduce the number of Imagine the customers of a regular shop suppliers for each category of goods and services. contacting all the producers and distributors that Furthermore, many firms were forced to outsource supply the shop to obtain information on products part of their activities. The results of this tendency and prices. are very interesting, because we will have to deal We can easily notice that the process is less with multiple suppliers who will offer goods and profitable and at the same time less efficient. Thus, services critical to a central organization. This will by creating networks of suppliers, the shop takes lead to a “hub and spokes” organization, in which many of these transaction costs, carrying out this one or two suppliers from each category of goods activity more efficiently than the customers could and services are the spokes, and the purchasing individually. The shop offers information on prices organization becomes the hub. This organizational and products through posters and displays. The architecture has an analogue in the computer shop interacts with each of its suppliers on behalf assisted local networks and logistic systems. It of its customers22. The comparison between an

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Figure no. 7. Intermediary network vs. direct change23 intermediary network and the direct exchange is centres of distribution adopted by Lowe’s allowed represented in Figure no. 7. the company to obtain an important competitive Federal Express, UPS, Norfolk Southern and advantage28. Yellow Freight successfully implemented the “hub and spokes” distribution to obtain a logistical 3. The “hub and spokes” concept advantage. They discovered that this method in the military field of distribution reduces transportation costs, the duration of cycles and the necessary means. These The “hub and spokes” military logistic firms and many other companies realize that operations can be compared with similar operations significant reductions in costs can result from the carried out by air companies and their storage improvement of the distribution processes24. operations. A “hub and spokes” network is a centralized and In the Military Dictionary of the US Department integrated logistic system created to keep reduced of Defence, the “hub and spokes” distribution costs. The distribution centres of this type receive is described as a physical system of distribution products from various sources; they re-arrange modelled according to the standards in this field them and send them directly to destination. in order to offer a management of transports to a Studies showed that logistic costs represent theatre of operations. It is based on a “hub” that between 10 and 35 per cent of the gross income moves loads toward and between several “spokes”. of companies. At the same time, it is important to This systemic model is created to increase the mention that 60 per cent of these costs are destined efficiency of transports and the visibility during to shipment of goods25. A study conducted by the transit and to reduce the time of distribution29. PRTM consultancy firm shows that the companies Thus, the “hub and spokes” concept is related to considered competitive in the distribution of goods an organization that sorts and distributes goods enjoyed a cost of the distribution chain reduced from military and civilian gross supplying sources by 45 % compared to the average cost of the (by air, sea or land) to or from the theatre of competitors26 . operations. The results coming out of the business processes The United States of America Air Forces demonstrate that Walmart is a leader in the field of introduced a new paradigm of deployment the functioning of the distribution chain. Thus, the programming, named the Air Expeditionary Force network of centres of distribution of the company (AEF), with the intention to make deployments and its expertise in the logistic field is a key point more predictable and for a better distribution of the advantage that it enjoys27. A new player that of tasks. The current practice of deployment realizes the importance of this advantage is Lowe’s management is a statu quo, continuing to function Home Improvement Warehouse. Lowe’s adopted under the restrictions of the AEF policy. To this end the concept of the “hub and spokes” model of it is necessary to develop an alternative deployment distribution, allowing the company to occupy an paradigm which will offer a greater flexibility important segment of the market for house and between national bases and the deployment garden. Analysts state that the strategy based on locations using the “hub and spokes” networks30 .

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Figure no. 8. The stages of transport in a “hub and spokes” network34 The mentioned paradigm requires the use of the From another point of view, the goods processed “hub and spokes” model that establishes a base as through “hubs” offer to the same extent more storage focal point for consolidated coordination, training, space and efficient networks. The “hub” is similar equipment, transport and for other problems related with the freight terminals. In their case, goods are to mobility. At the same time, the paradigm uses shipped over great distances in large lorries loaded a fixed command that allows managers to adjust at maximum capacity for efficient costs. Closer to the periods of deployment in order to satisfy the destination, transports are re-distributed in lorries individual needs of the personnel31. loaded at more reduced capacities in order to cover According to the logistics theory and practice, a shorter distances to individual destinations35. similar concept is represented by the operations of Another operational aspect resulting from this transfer between depots. This already mentioned arrangement is the need for a transport capacity concept is a depot management strategy that enough to carry out this stage: a sufficient number implies the movement of materials directly from of vehicles must be present at the central point at the reception depot to the distribution one at a a certain time in order to carry out the stage of minimum difference of time. Similar to mixed transport to the depots. If necessary, supplementary commercial depots, at an operational military vehicles can be summoned (normally from the depot (“hub” type), shipments arrive from several depot of destination) in order to deal with the work distributors (“spokes”); they are unloaded and load programmed for that specific period of time. then reloaded in order to form several transports Once the delivered goods are at the disposal with several products each for the depots of the of the depot of destination, the shipment to military clients/beneficiaries (“spokes”). Within beneficiaries is carried out. The way it is carried the transfer system between depots, the key to out is down to each depot; thus, a tour of delivery success is the concept of the speed of transport. By can be combined with one of collection in order to keeping the time between transports to a minimum improve vehicle usage or to gain time. it is intended to beneficiate from the low costs of According to the opinion of the American grand scale transports by minimizing spending specialists, a “hub and spokes” network can also with the total time of transport and the costs with serve as a way to develop the regions, emphasizing handling of goods. The transfer between depots a more simple potential to introduce active forces offers reduced costs of transport while it serves from the local guard or from the reserve in the customers and reduces the duration of the delivery equation of mobility. In the circumstances of non- cycle improving the flexibility and degree of mobility, the “hub and spokes” model allows for the response of the distribution network32. construction of networks between active, guard and According to specialists in logistics, typically, reserve units, which could help to reach agreements the processes of delivery in a “hub and spokes” of mutual aid for a better response in case of events network follow this succession, as it is presented such as natural disasters or terrorism36. in Figure no. 8. One can notice the fact that the For American Naval Forces, the importance depots collect goods in various forms from the of expeditionary powers as flexible, measurable customers, then they transport them from depots to and responsive is emphasized in Figure no. 9. The the central depot where they realise the distribution same figure presents the diagram / tree of routine of the received goods and they transport them from operations (RO) with branches that are either hubs the central depot to the depots of destination and to or spokes. The presented transition phase shows the the beneficiaries in that area33. way in which we pass from routine operations to

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Figure no. 9. The hub and spokes option in the field of American Naval Forces38 major combat operations (MCO). Within the MCO 11). However, it is expected from them to conduct diagram / tree there are relations / branches similar support operations while they also serve as mobile to those of routine operations (RO), but at the same C2 hub for MPRF detachments (Maritime Patrol time we see that the hub of the coalition/the spoke and Reconnaissance Force). Due to their small C is designed to support coalition operations. The dimensions, the spokes have the flexibility to be hub left behind is designed to become operational relocated for multi-mission operations and this is in less than 72 hours, in the case when a regular achieved a lot easier than in the case of the hubs. hub or a regular spoke are destroyed; it is also A spoke is designed in such a way as to be a loop designed to be focused again on humanitarian of communication between MPRA (Maritime support or disaster relief missions37. Patrol and Reconnaissance Aircraft) and the fleet, For American Naval Expeditionary Forces, providing guiding and warning electronic signals the hub and spokes concept has as its purpose the between them. differentiation between a mobile hub (primary) Thus, on the basis of the above, it results that and the spokes (expeditionary) involved which are the “hub and spokes” models are special cases, expected to be operational in less then 72 hours, with common elements related to the general from their positioning in the area of responsibility. functioning of networks. A hub is a centre that provides operations, logistics, Examples of aspects / problems regarding the maintenance and data analysis in the case of current functioning of such networks include: transfer military actions, while the expeditionary spokes issues, in which resources have to be moved offer forces and that can be deployed to remote from point A to point B at minimum costs; issues areas39. The general concept allows reconnaissance related to the shortest way, when one item from and surveillance operations of the theatre of a resource has to be moved from point A to point operations without the need for a permanently B at minimum costs and distance; and issues of built40 (Figure no. 10). This image presents centres transport and distribution, in which the principles of operations as well as logistic, maintenance and of demand and supply must be observed in the data analysis centres41. process of minimization of costs44. According to these, Figure no. 11 shows the American specialists emphasize that the main image of some spokes which provide advanced three components of a “hub and spokes” network and high-readiness forces, spokes which are are the hubs of supply, the hubs of transfer and usually easy to be built up or moved / deployed the hubs of demand. According to the “balanced during mobility operations. traffic” rules, various constraints are applied in The vision and responsibilities of a hub remain each of these hubs. Having in mind that for this the same also in the case of the spokes (Figure no. issue the total supply must be larger than or equal

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Figure no. 10. Hubs created ad-hoc42 to the total demand, the following formula is this end, logisticians adopted the solution to develop applied at every hub in the network45: and implement a “hub and spokes” system in order to provide a prompter delivery of parts, means and Input – Output ≥ Supply or Demand material to units and to reduce the losses caused by delivery errors. The “hub and spokes” operations This in essence means that in the hubs of supply, conducted by the Anaconda Logistic Support Base the outputs must be smaller than or equal to what is represent a lesson learned for other logistic support available. In the hubs of transfer, the input will be zones and activities, regarding the way to approach equal to the output, and in the hubs of demand, the / solve problems caused by delivery47. input must be larger than or equal to the demand. The “hub and spokes” system was created At the beginning of the Operation “Iraqi to relieve the logistic support activities at the Freedom”, the reception, provision and monitoring Anaconda Logistic Support Base of the need for of supplies became one of the greatest challenges internal transport, by delivering all the materials for the Theatre Distribution Centre, the Anaconda to the logistic support zones set inside the base, Logistic Support Base in Balad, Iraq and the within 24 hours, in order to ensure the delivery of logistic support activities in the entire theatre of materials to the external beneficiaries, through the operations46. distribution points, in order to be further distributed The management of the internal or external in the entire area of operations. supply mistakes, as well as the excess of equipment At the Anaconda Base, the “hub and spoke” that required servicing at the Anaconda base system increased the productivity of the logistic threatened to annihilate the capacity of the logistic supports zones, because the system assumed the support activities of the operational structures. To mission of internal and external transports. At the

Figure no. 11. Spokes created ad-hoc 43

76 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY same time, it ensured the delivery of the necessary times, the use of space and the flexibility of the materials to the logistic support zones and to other network may not justify the supplementary logistic support hubs in the theatre of operations. spending. Eventually, the system reduced the number of Having in mind the importance of the “hub losses during transport. and spokes” networks in the field of military According to experts, if the theatre of operations logistics during the operations in Iraq, it can be is open and the initial logistic support plan does stated that the changes in the environment and not answer adequately to the requirement of the process of distribution combined with the changes beneficiating military structures, alternative in the doctrine and structure of forces led to the measures are to be taken to support the supply new requirements in the process of command and and distribution activities. By using a “hub and control. Although the initial phase of operation spokes” system as an alternative measure, the “Enduring Freedom” was largely a linear battle support offered to the logistic support zones with forces moved from the south to the north in connected with Anaconda Logistic Support Base order to secure Baghdad, once the sustainability was improved, until the system of distribution in phase began, the operations became more and the theatre of operations became functional48. more asymmetric. To this end, several “hub and spokes” distributions were set for the sustainability Conclusions actions, focused on strategic logistic hubs with robust airfields and road networks49. In the world of business, and not only, the “hub The Romanian forces participating in the and spokes” strategic networks aim to raise the international operations take advantage of the market quota of the sales and business of partners, facilities of the “hub-and-spokes” system created being a reaction to the competition to gain access by the logistics support structures of the Alliance/ to global markets and the protect the position of Coalition. local markets. To this end, the parties forming an Specialists believe that leaders must examine alliance mutually benefit from offering by transfer the value in time of a product before making of goods, services and customers. recourse to “hub and spokes” or transfer between The “hub and spokes” networks between depots solutions. The Doctrine of the United States suppliers and customers offer the most important Air Force draws the conclusion that the direct source of innovation, playing an important role in delivery is the method to be chosen for the timely the creation of added value in the logistic chain. and efficient delivery of passengers and goods50. Therefore, companies and communities use However, the aforementioned efficiency requires strategic “hub and spokes” networks to consolidate increased costs regarding planning, flexibility and their competitive position, allowing companies resources. to specialize in those fields in which the chain of value is essential to their competitive advantage. NOTES: Experts believe that managers must weigh the negative ramifications of the “hub and spokes” 1 Gheorghe MANOLESCU, Nicolae ISTUDOR, operations / transfer between depots in comparison Logistica Proiectarii Dezvoltarii Regionale. Analiză, with the use of space and the flexibility of the Strategie, Programare, Finanţare, Management, network. Because transports can no longer go in Editura Academiei de Ştiinţe Economice, Bucureşti, 2007, p. 29. straight line to destination, the people or objects 2 http://en.wikipedia.org/wiki/Spoke-hub_distribu- that enter a “hub and spokes” system will travel tion_paradigm, accessed on 02.11.2012. more. This will cause supplementary delays due to 3 Andrew J. CULLEN, USAF, A Multi-Objective the handling and processing in the central points Linear Program Model to Test Hub and-Spoke Networks (“hubs”). Eventually, the time of delivery will as a Potential Air Force Deployment Alternative, increase due to the covering of several segments Department of the Air Force Institute of Technology, combined with the time of processing in the hubs. Wright Patterson Air Force Base, Ohio, 2008, p. 5. Due to the fact that the time spent in transit requires 4 S. ROBBINS; T. JUDGE, Organizational Behavior, costs and that customers sustain the spending with 12th Edition, Upper Saddle River, NJ: Pearson Prentice the safety stockpiles in case of variable delivery Hall, 2007, p. 93.

STRATEGIC IMPACT No. 1/2013 77 SECURITY AND MILITARY STRATEGY

5 http://en.wikipedia.org/wiki/Spoke-hub_distribu- 2003, p. 112. tion_paradigm, accessed 02.11.2012. 28 Leigh DYER, “Lowe’s Slick System for Stocking 6„Butucul si Spitele” sau despre un ERP pentru Stores Saves Money, Time”, The Charlotte Observer, subsidiarele marilor companii, http://www.kepler.ro/kms/ February 23, 2003, p. 89, http://www.lowes.com/, art2.html, accessed on 07.12.2012. accessed in 15.12.2012. 7 Idem. 29 http://www.dtic.mil/doctrine/dod_dictionary 8 http://www.wisegeek.com/what-is-the-hub-and- accessed 25.11.2012. spoke-model.htm, accessed on 04.11.2012. 30 Andrew J. CULLEN, USAF, op. cit, p. 1. 9 Idem. 31 Idem. 10 http://wiki.answers.com/Q/What_is_hub_and_ 32 THORE and FEDELE, The hub-and-spoke spoke_system&src=ansTT, accessed on 06.11.2012 model: A tutorial, Online publication. August 2005, 11 Idem. available at http://ssrn.com/abstract=950753 accessed 12 Y. BONTEKONING, Hub exchange operations 10.12.2012. in intermodal hub-and-spoke networks, Delft University 33 Adapted from Zsolt KEMENY, Elisabeth ILIE- Press, Amsterdam, Netherlands, 2006, p. 28. ZUDOR, Janos FULOP, Aniko EKART, Christopher 13 http://aviationknowledge.wikidot.com/aviation: BUCKINGHAM, Philip G. WELCH, op.cit., pp. 20- hub-and-spoke-operations, accessed on 09.11.2012. 29. 14 A. GRAHAM, A. PAPATHEODOROU, P. FOR- 34 Idem. SYTH, Aviation and tourism- Implications for leisure travel, 35 Y. BONTEKONING, Hub exchange operations in Ashgate (Hampshire, UK), 2008, p. 37. intermodal hub-and-spoke networks, The Netherlands, 15 http://www.businessdictionary.com/definition/ Amsterdam, Delft University Press, 2006, p. 152. hub-and-spoke.html#ixzz2B9yf2moo, accessed on 36 Ragsdale, C., “Spreadsheet Modeling and 12.11.2012 Decision Analysis”, 5th Edition: A Practical Introduction 16 http://wiki.answers.com/Q/What_are_some_ to Management Science, Mason, OH: Thompson South- advantages_of_the_hub_and_spoke_system#i xzz- Western, 2007, p. 29. 2B9qRYHjg, accessed on 16.11.2012. 37 Robert Love ROBINSON, Hub and Spoke 17 Idem. Logistics for Maritime Patrol and Reconnaissance 18 http://aviationknowledge.wikidot.com/aviation: Operations, Naval Postgraduate School Monterey, advantages-and-disadvantages-of-hub-and-spoke- California, December 2011, p. 3. opera, accessed on 18.11.2012. 38 Idem. 19 Pearson Prentice Hall, Electronic Commerce 39 CTF-72-Commander, 2009; Patrol and 2008, Efraim TURBAN, et al. Reconnaissance Force Seventh Fleet, 2011. 20 Zsolt KEMENY, Elisabeth ILIE-ZUDOR, Janos 40 Idem. FULOP, Aniko EKART, Christopher BUCKINGHAM, 41 Idem. Philip G. WELCH, Multiple-Participant Hub-and- 42�� Robert Love ROBINSON, op. cit, p. 5. Spoke Logistics Networks: Challenges, Solutions 43 Ibidem, p. 6. and Limits, Published in the Proceedings of the 13th 44 Idem. International Conference on Modern Information 45 THORE and FEDELE, The hub-and-spoke Technology in the Innovation Processes of Industrial model: A tutorial, Online publication, August 2005, Enterprises MITIP2011, Trondheim, Norway, June available at http://ssrn.com/abstract=950753, accessed 22–24 2011, pp. 20–29; http://www.advance-logistics. on 29.11.2012. eu/publications/Logistics_mitip2011.pdf 46 Paul E. WILLIAMS, USAR, Supporting SSAs in 21 Idem. Iraq With a Hub-and-Spoke System, Army Logistician, 22 The Economics of Network, http://www.law. Volume 38, Issue 2, March-April 2006, http://www. northwestern.edu/searlecenter/papers/networks/ almc.army.mil/alog/issues/MarApr06/hub_and_spoke. Networks001.pdf, accessed 20.11.2012 html, accessed 05.12.2012. 23 Idem. 47 Idem. 24 http://scm.ncsu.edu/scm-articles/success-with- 48 Idem. hub and-spoke-distribution, accessed in 07.12.2012; 49Thomas E. SACHARIASON, The Battle Apud: Abdinnour-Helm, Sue. Network Design in Supply Command Sustainment Support System: The Army’s Chain Management. International Journal of Agile Command and Control System for Logistics, A Management Systems, 1999. Monograph, School of Advanced Military Studies United 25 Idem. States Army Command and General Staff College Fort 26 Idem. Leavenworth, Kansas AY 2008 – 2009, available at http:// 27 Mike TROY, “Logistics Still Cornerstone of www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA506268, Competitive Advantage”, DSN Retailing Today, June accessed�� 12.12.2012. http://www.dtic.mil/cgi-bin/

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GetTRDoc?AD=ADA506268, accessed in 12.12.2012. Passenger Terminal Expo 2003, 28th February, 50 Brandon A. CASEY, USAF AFIT/IMO/ENS/10- Hamburg. 03, Airlift Cargo Hub Port Hold Times: Controlling 6. MAYER, C.; SINAI, T., “Network Effects, Variations in Defense Supply Chain Delivery, Congestion Externalities, and Air Traffic Delays: Department of The Air Force Air University Air Force Or Why not all Delays are Evil”, The American Institute of Technology, Wright-Patterson Air Force Base, Ohio, 2010, pp. 22-23. Economic Review, Vol. 93, No. 4, September 2003. BIBLIOGRAPHY: 7. PAPATHEODOROU, A.; GRAHAM, A.; FORSYTH, P., Aviation and tourism - Implications 1. BONTEKONING, Y., Hub exchange for leisure travel, Ashgate (Hampshire), UK, operations in intermodal hub-and-spoke networks, 2008. The Netherlands, Amsterdam, Delft University 8. ROBINSON, Love Robert, Hub and Spoke Press, 2006. Logistics for Maritime Patrol and Reconnaissance 2. BRANDON, A. Casey, USAF AFIT/ Operations, Naval Postgraduate School Monterey, IMO/ENS/10-03, Airlift Cargo Hub Port Hold California, December 2011. Times: Controlling Variations in Defense Supply 9. RUEHLE, J., “Consequences for feeder Chain Delivery, Department of The Air Force, delays for the success of A380 operations”, Journal Air University, Air Force Institute of Technology, of Air Transportation, Vol. 11, No. 1, 2006. Wright-Patterson Air Force Base, Ohio, 2010. 10. SACHARIASON, Thomas E., The Battle 3. JANIC, M., The Future Development Command Sustainment Support System: The Army’s of Airports: A Multidimensional Examination, Command and Control System for Logistics, A Transportation Planning and Technology. Vol. 31, Monograph, School of Advanced Military Studies No. 1, February 2008. United States Army Command and General Staff 4. KEMENY, Zsolt; ILIE-ZUDOR, Elisa- College Fort Leavenworth, Kansas AY 2008 – beth; FULOP, Janos; EKART, Aniko; BUCK- 2009. INGHAM, Christopher; WELCH, Philip G., 11. THORE; FEDELE, The hub-and-spoke Multiple-Participant Hub-and-Spoke Logistics model: A tutorial, Online publication, August Networks: Challenges, Solutions and Limits, Pu- 2005, http://ssrn.com/abstract=950753 blished in the Proceedings of the 13th International 12. WELLS, A. T.; YOUNGS, S. B., Airport Conference on Modern Information Technology planning and management (5th Edition), New in the Innovation Processes of Industrial Enterpri- York, USA, McGraw-Hill, 2004. ses MITIP2011, Trondheim, Norway, June 22–24 13. WILLIAMS, E. Paul., USAR, Supporting 2011, http://www.advance-logistics.eu/publicati- SSAs in Iraq With a Hub-and-Spoke System, Army ons/Logistics_mitip2011.pdf Logistician, Volume 38, Issue 2, March-April 5. LABORIE, P., A 380 accommodation at 2006, http://www.almc.army.mil/alog/issues/ Paris Charles de Gaulle Airport, Airports de Paris, MarApr06/hub_and_spoke.html

STRATEGIC IMPACT No. 1/2013 79 SECURITY AND MILITARY STRATEGY MARITIME PIRACY – AN ISSUE OF LEGAL INCONSISTENCY TO SECURITY THREATS

Oana ADĂSCĂLIŢEI*

One of the most serious threats towards and sophisticated weapons2. The impact is maritime security is represented by piracy. From multidimensional. Piracy represents a direct threat a legal point of view, the main concern of the to human life, measured by the increased incidence international community is represented by the of hostage-taking or crimes3. Beside human costs, fight against impunity in high sea. Starting from piracy imperils maritime communications lines, this point of view, the article aims at analyzing interferes with the freedom of navigation and the international legal framework against piracy, impacts international commerce4 and ultimately, stressing on the following aspects: universal piracy impedes the globalization-technology cycle jurisdiction; clearing up the ambiguities in fostering de-globalization5. defining piracy, as it is provided by the Law of the Sea Convention and similar provisions of other 1. International security and piracy international bodies and state practice regarding the indictment of piracy. Piracy threatens the transport of humanitarian Keywords: international security; maritime aids to Somalia and involves security concerns6. piracy; universal jurisdiction; impunity culture; Furthermore, it funds regional conflicts through national legislations. arms trafficking at the Horn of Africa, in spite of the embargo imposed by Security Council Resolution Introduction 733 (1992)7. More recently, US State Department ascertained a link between al-Qaeda and Somali Piracy has reappeared for the last two decades, pirates8. Furthermore, piracy increases the risk after a long period of historic decline1, in order of ecological disasters in the event of collision or to gain the proportions of a global phenomenon. stranding of a captured tanker9. The contributive factors are extremely various, The incidence of piracy attacks is high in the ranging from the huge increase of the commercial following areas: the Gulf of Aden and off the coast maritime traffic and the lack of efficient security of Somalia, the Gulf of Guinea, the Malacca Strait measures in harbours, to the absence of jurisdiction (between Indonesia and Malaysia), the Indian and authorities corruption in some areas and subcontinent between India and Sri Lanka and up to the proliferation of extremely destructive Caribbean area10. From all the above mentioned

* ��Oana ADĂSCĂLIŢEI is junior lecturer at Constanta Maritime University. E-mail: oana_ [email protected]

80 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY areas, the incidence of piracy in the Gulf of Aden state has sovereignty and neither to territorial presents a particular importance because of its or internal waters belonging to a state19. The strategic importance as a strategic zone connecting requirement is extremely rational from the point of the Eastern part to the Western one through Bab el view of international law which states that anything Mandeb Strait to Suez Channel11. that happens within the territorial sovereignty of a Piracy is rampant along the 3700 km of given state is an internal problem of that state20. coastline in Somalia, due to nine separate gangs For this reason, covering this “lacuna” through an operating under a centralized command12. The international legal reform is not just doubtful but pirates use three types of attacks – opportunistic also inconceivable21. attacks of “hit and run” type, kidnappings for Paradoxically, geographical limitation imposed ransom and ship hijackings13 – and they make use by UNCLOS makes the fight against piracy of last generation weaponry14. Ransom payments extremely difficult22. Practically, UNCLOS adding up to hundreds of millions of dollars have reduces the maritime space where piracy must be turned piracy into an infringement with the same controlled at international level23. Nowadays, the dimensions as those of organised crime15. vast majority of the attacks against ships happen more often within territorial waters and harbours 2. Piracy definition according to United than in open seas, which means that UNCLOS Nations Convention on the Law of the Sea does not provide a jurisdictional basis for the (UNCLOS) – an inconsitency problem instrumentation of those cases24. Identically, to modern requirements attacks taking place in gulfs, straits or archipelagic waters, where international shipping is compelled Customary international law provides no to pass an area bounded by waters under national agreed definition upon which constitutes piracy jurisdiction is not regulated by the Convention25. as universal crime16. Piracy is defined in almost Last but not least, geographical limitation allows identical terms in the Convention on the High Seas pirates to take advantage of fallen or weak states26. 1958 (HSC) and UNCLOS 1982. According to the In the circumstances of Somalia this provision is Article 101, piracy consists of any of the following far from being useful because it disqualifies many acts: acts of maritime violence related to the definition (a) any illegal act of violence or detention, or of piracy for the simple reason that they are taking any act of depredation, committed for private ends place in an “inadequate” area27. by the crew or the passengers of a private ship or a Secondly, jure gentium piracy assumes that private aircraft, and directed: a criminal act to be exercised by passengers (i) against another ship or aircraft, or against or the crew of the ship against another ship or persons or property on board such ship or aircraft persons or property placed on board of that ship28. on high seas; “Internal seizure” of the ship by passengers, crew (ii) against a ship or aircraft, persons or or stowaways boarded on it cannot be regarded property in a place outside the jurisdiction of any as piracy according to the classical definition of State; UNCLOS29. Internal hijackings like the ones (b) any act of voluntary participation in the occurred in Santa Maria (1961) or Achille Lauro operation of a ship or of an aircraft with knowledge (1982) incidents were not considered to be acts of of facts making it a pirate ship or aircraft; piracy30. The literal interpretation of the Convention (c) any act of inciting or of intentionally text and the history of travaux preparatoires are facilitating an act described in subparagraph (a) or supporting this point of view31. (b). Under actual circumstances, this interpretation UNCLOS limits the geographical scope of of UNCLOS definition, accepted by the majority of piracy application to high seas, economic exclusive scholars, can give rise to problems. According to a zone (EEZ) and places outside the jurisdiction scenario where persons hijacking the ship board it of any state17. The limitation governs both the in the last port of call and later are taking over the infringement itself and the powers granted to ship’s control when the ship reaches the high seas, suppress it18. The international law of piracy does one can state that such acts are not piracy in the not apply to archipelagic waters, where the coastal sense of HSC/ UNCLOS definition because only

STRATEGIC IMPACT No. 1/2013 81 SECURITY AND MILITARY STRATEGY one ship is involved32. Certainly, the definition violence endangering the safety of international must be updated to include other acts of piracy like navigation”47. The criminal legislation of the states hijackings and suicidal attacks with bombs even concerning piracy may fill this gap though48. if these acts are committed on board of a single A range of alternative definitions have been ship33. Until the reformation of the definition, the proposed to stand in for the impossibility of the only situation in which piracy acts could involve UNCLOS definition to cope with the actual piracy a single ship is that supposing acts of piracy are phenomenon. Thus, under International Maritime exercised against a ship, aircraft, persons, property Bureau (IMB) definition, piracy consists of “an act in a place outside the jurisdiction of any state34. of boarding any vessel with the intent to commit The provision is obviously out of date for today theft or any other infringement with the apparent there is no terra nullis anymore35. intention or possibility to use force in the furtherance Another UNCLOS requirement which has of that act.”49 This definition is not acknowledged given rise to many debates is that piracy to be within the international law, although it has been committed “for private ends.” The term “private supported by the shipping industry50. ends” is not defined within either HSC, UNCLOS IMO proposed a different definition which or the Harvard Draft Convention on piracy and its divides between piracy acts according to legal and meaning could not be unequivocal determined in geographical area where they take place: piracy any of these documents36. The traditional point in high seas is reputed as piracy in the sense of of view regarding this issue is that the political UNCLOS definition, whilst similar acts in ports motivated acts are not piracy in the sense of or national waters are defined as “armed robbery Convention37. As such, terrorism cannot be equated against ships”51. The adversion upon this definition with piracy38. This opinion gains new senses under goes to the content of the notion “armed robbery current circumstances which suppose that pirates against ships” which remains obscure and to the operating in Somali waters could claim some impossibility of overlapping piracy with “armed social and political ends and it is very possible robbery against ships” which may include other to be controlled by a group of local politicians39. acts of violence52. Besides, an act of maritime Likewise, the issue of a correct qualification could violence within national jurisdiction of any state be debated in a situation in which a group of persons shall be regarded as piracy only if under domestic use acts of depredation or detention of a ship or its legislation of that state is considered like that53. crew for ransom payments as a funding scheme The 2004 Regional Cooperation Agreement for political activities40. Other scholars embrace on Combating Piracy and Armed Robbery against a more consonant point of view to this situation. Ships in Asia (ReCAAP) has proposed a similar According to their opinion, political motivated definition which has turned IMO non-binding attacks cannot be excluded from the Convention’s definition into a definition of legal value54. aim41 as long as perpetrators are acting for private ends42. It seems that, under these circumstances, 3. Universal jurisdiction and the culture the relevant distinction is not private/political of impunity but private/public43. According to Guilfoyle “any act of violence on the high seas which cannot be Piracy is the first infringement that attracts attributed to or sanctioned by a State (a public act) universal jurisdiction55 and for hundreds of years is piracy (a private act)”44. the principle has been applied to it exclusively56. The Article 101 of UNCLOS does not mention Universal jurisdiction represents an exception the attempt, the conspiracy to commit piracy, the to jurisdictional regimes requiring a connection aid and complicity regarding the commission between the offence and the state investigating the of piracy acts and their results45, or other acts of case57. Hence, as hostis humanis generis, pirates violence which are not directly linked to piracy46. may be tried by any nation irrespective of their This aspect was emphasised in the Naples nationality or the place in the high seas where they Declaration (2009): “the international law on piracy are captured and may be summarily executed58. as reflected in UNCLOS 1982 Convention on the The special jurisdictional treatment was justified Law of the Sea which is restricted to proscribing by the fact that the infringement being directed acts of violence...does not fully cover all acts of against shipping and international commerce

82 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY all states have an interest in exercising universal and logistic resources that have a limited capacity jurisdiction59. for investigating cases69. Even for the states with For centuries, the lawfulness of universal an important institutional capability, investigating jurisdiction on pirates has received a wide cases may prove difficult from the evidentiary and recognition from scholars and jurists of all cost-benefit perspective70. Investigating piracy major maritime nations60. Although it was never cases will prove difficult because of multiple challenged, the universal jurisdiction has proved to aspects: evidentiary problems, establishing identity be more a question of theory than practice, being and nationality, providing counsel and translation71. applied just for a small number of cases61. The Additional, allegations of abuse on religious principle was subsequently codified by UNCLOS grounds will increase if the lawsuits will become in the Article 105: “On high seas, or in any other regular and will have negative consequences on place outside the jurisdiction of any State, every states seizing or detaining pirates72. Applying the State may seize a pirate ship or an aircraft, or a universal jurisdiction, the states in case shall bear ship or an aircraft taken by piracy and under the all the costs, but the benefits are few73. Therefore control of pirates, and arrest the persons and seize perhaps, contrary to the international obligations the property on board. The courts of the State deriving from UNCLOS some states limit through which carried out the seizure may decide upon the their internal legislation the jurisdictional ability to penalties to be imposed, and may also determine prosecute pirates74. States such as US or Belgium the action to be taken with regard to the ship, impose the condition of a nexus between the state’s aircraft or property, subject to the rights of third interests and the pirates’ acts75. The reluctance of parties acting in good faith”. states in exercising universal jurisdiction is also Currently, the universal jurisdiction has been motivated by implications linked to the observance updated after quite a while, since its original of human rights76. Concerns related to possible application has seemed to have been forgotten62, violations of human rights prevail on fight against but it becomes a challenge since no state is willing piracy77. Last but not least, the majority acts of to exercise it63. Certainly, after a period of 12 years, maritime violence occur now in waters within from 1998 until 2009, the incidence of universal national jurisdiction where UNCLOS does not jurisdiction was extremely low, less than 1.5 % have legislative power78. On political level, the of reported cases64. A real culture of impunity states generating piracy – fallen states like Somalia thrived on a basis of three undesirable options: – are not capable to control the phenomenon79. investigating the cases in national jurisdiction with Overcoming the practical difficulties was the perspective of confronting extensive judicial differently understood. While France, one of proceedings and potential application for asylum; the most active nations in anti-piracy campaign freeing the captured pirates and thus affording resorts regular to pirates repatriation in Somalia, them a de facto immunity; sending pirates back to other states such as US, UK, Denmark and the EU Somalia, where they risk to be tortured and thus Member States have entered into arrangements breaking the non-refoulment obligation65. by which the pirates captured were turned over The hurdles influencing the culture of impunity to Kenyan authorities and prosecuted in this are of political, legislative and operational nature. country80. China has turned the suspects over to At an operational level, the great immensity of Transitional Federal Government (TFG) and UE oceans imposes significant costs in terms of military and UK concluded transfer arrangements with effectives, equipment and danger66. The vast Seychelles81. The legality of these transfers is majority of obstacles are still of legislative nature. questionable though. Most of the scholars agree Some states still have not adopted a domestic upon the fact that the customary international law legislation for incriminating piracy67. Particularly, of the sea was confirmed only in part by the Article East African states have judicial systems in an 105 of UNCLOS82. According to this article, “the incipient phase and it is well known they lack not courts of the State which carried out the seizure only judicial systems but also resources for law may decide upon the penalties to be imposed, and enforcement68. Similarly, the affected flag states may also determine the action to be taken with are in the vast majority of cases states with open regard to the ship, aircraft or property...” The registries as Panama or Liberia which lack judicial history of issuing these provisions seems to support

STRATEGIC IMPACT No. 1/2013 83 SECURITY AND MILITARY STRATEGY the interdiction83. Other authors, like Treves, 4 Ibidem, p. 43; James KRASKA, “Coalition underpin a contrary point of view: UNCLOS does Strategy and the Pirates of the Gulf of Aden and the not establish the exclusive jurisdiction of the state Red Sea”, Comparative Strategy, 28:197–216, 2009, p. which has carried out the seizure of pirates84. A more 200 a; James KRASKA, Brian WILSON, “Combating nuanced understanding of the Article 105 would pirates of the Gulf of Aden: The Djibouti Code and the Somali Coast Guard”, Ocean & Coastal Management be that although UNCLOS does not authorize the 52 (2009), p. 517. judgment of a third party, nor does it preclude the 5 Alexa K. SULLIVAN, “Piracy in the Horn of Africa existence of other valid jurisdictions and does not and its effects on the global supply chain”, Journal of prevent transfers between them85. In the current Transportation Security, Volume 3, No. 4, p. 237. context, it is unlikely there will be objections to 6 Lauren PLOCH et al., op.cit., p. 11; Michael H. this interpretation of the Article 105 considering PASSMAN, “Protections Afforded to Captured Pirates the reluctance of the states to prosecute in national Under the Law of War and International Law”, Tulane courts86. Maritime Law Journal, Volume 33 Winter 2008 Number 1, p. 7. Conclusions 7 Lauren PLOCH et al., op.cit., p. 11. 8 Lloyd’s List, 18 February, 2011, www.lloydslist. com/ll/sector/regulation/article356560.ece, accessed on The legal component of a complex phenomenon March, 15, 2011. which multidimensional affects the international 9 Munich Re Group, Knowledge series Piracy security represents an obstacle and at the same – Threat at Sea: A Risk Analysis, 2009, p. 19, accessed time one of the key of its solution. Exercising the on February, 20, 2011. universal jurisdiction, although perfect according 10 Alexa K. SULLIVAN, op.cit., p. 233; Peter to UNCLOS Convention, became more theory CHALK, op.cit., pp. 7-8; European Security and Defence than practice in front of hurdles of political, Assembly, Assembly of the Western European Union, legislative and operational nature. Applying the Report: The Role of the European Union in Combating universal jurisdiction the states bear all the costs Piracy, Document A/2037, 4 June 2009, available at http://www.assembly-weu.org/en/documents/sessions_ and the benefits are few. Beyond the lacunae of a ordinaires/rpt/2009/2037.php, accessed on February definition which does not correspond to the reality, 20, 2011. to the concerns related to human rights and to the 11 James KRASKA 2009 a, p. 198. complying and prosecuting of the cases, the lack 12 ��ESDA, 2009. of interest in prosecuting the cases in the light 13 James KRASKA, Brian WILSON, op.cit., p.� of national legislations appears in an obvious 248. way. Under the circumstances in which most of 14 ��ESDA, 2009. the states lack an adequate domestic legislation 15 Ibidem. for addressing piracy (or it lacks completely) or 16 Yvonne M. DUTTON, “Bringing Pirates they show no interest in applying it, one of the to Justice: A Case for Including Piracy within the Jurisdiction of the International Criminal Court”, few viable solutions is represented by the transfer Chicago Journal of International Law, Vol. 11, No. 1, between jurisdictions. Even in these conditions, Summer 2010, 201-245, p. 208. the legislative solution is only a temporary one 17 J. Ashley ROACH, “Countering Piracy and with a limited effect, because the economic- Off Somalia: International Law and International political motivation is the real driving force of the Institutions”, American Journal of International Law maritime piracy. (2010), Vol. 104, Issue 03, pp. 398, 407, 421; Rytis SATKAUSKAS, “Piracy at sea and the limits of NOTES: international law”, Aegean Review of the Law of the Sea and Maritime Law, 2011, 1: 217-235, p. 220; Keyuan ZOU, “New Developments in the International Law of 1 James KRASKA, “Fighting Pirates: The Pen and Piracy”, Chinese Journal of International Law, Vol. 8, the Sword”, World Policy Journal, Winter 2008/09, Vol. Issue 2, 2009, p. 326; Yvonne M. DUTTON, op.cit., p. 25, No. 4, p. 44; b. 210; Milena STERIO, “The Somali Piracy Problem: 2 Peter CHALK, The Maritime Dimension of a Global Puzzle Necessitating a Global Solution”, International Security Terrorism, Piracy, and Challenges American University Law Review, Volume 59, Number for the United States, 2008, Rand, pp. XI-XII. 5, June 2010, p. 1467. 3 James KRASKA, op.cit., p. 42. 18 Douglas GUILFOYLE, “Counter-piracy law

84 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY enforcement and human rights”, International and 37 Douglas GUILFOYLE, op.cit., 2010, p. 143; Comparative Law Quarterly vol 59, January 2010, p. Douglas GUILFOYLE, op.cit., 2009, p. 3; Yvonne M. 144. DUTTON, op.cit., p. 211. 19 J. Ashley ROACH, op.cit., p. 399. 38 Douglas GUILFOYLE, op.cit., 2009, p. 3. 20 Milena STERIO, op.cit., p. 1467. 39 Keyuan ZOU, op.cit., p. 328. 21 Michael BAHAR, Attaining Optimal Deterrence 40 H.E. Jose Luis JESUS, op.cit., p. 379. at Sea: “A Legal and Strategic Theory for Naval Anti- 41 Malvina HALBERSTAM, op.cit., pp. 277-284. Piracy Operations”, Vanderbilt Journal Of Transnational 42 Michael BAHAR, op.cit., p.149; Law, Vol. 40, 2006, p. 17. 43 Douglas GUILFOYLE, op.cit., 2010, p. 143; 22 Eugene KONTOROVICH, «“A Guantánamo” Douglas GUILFOYLE, op.cit., 2009, p. 3. on the Sea: The Difficulty of Prosecuting Pirates and 44 Ibidem. Terrorists», California Law Review, 2010, vol. 98, p. 45 J. Ashley ROACH, op.cit., p. 402. 253. 46 Tullio TREVES, op.cit., p. 402; Rytis 23 Ibidem. SATKAUSKAS, op.cit,.p. 231. 24 Yvonne M. DUTTON, op.cit., p. 210. 47 Institut de droit international, Naples declaration, 25 Ibidem; Eugene�� KONTOROVICH, op.cit., p. 2009, http://www.idi-iil.org/idiE/declarationsE/2009_ 253. Naples_EN.pdf, accessed on February 20, 2011. 26 Ibidem. 48 J. Ashley ROACH, op.cit., p. 402. 27 Milena STERIO, op.cit., p. 1468; Milena 49 Keyuan ZOU, op.cit., p. 327. STERIO, “Fighting Piracy in Somalia (and Elsewhere): 50 Ibidem. Why More is Needed”, Fordham International Law 51 Ibidem. Journal, Volume 33, Issue 2, 2009, p. 386. 52 Ibidem. 28 Keyuan ZOU, “New Developments in the 53 Alexa K. SULLIVAN, op.cit., p. 233. International Law of Piracy”, Chinese Journal of 54 Keyuan ZOU, op.cit., p. 327. International Law, Vol. 8, Issue 2, 2009, 323-345, pp. 55 Eugene KONTOROVICH, “International 325-326. Legal Responses to Piracy off the Coast of Somalia”, 29 Ibidem, p. 326; Douglas GUILFOYLE, Treaty ASIL Insights, February 6, 2009, Volume 13, Issue 2 Jurisdiction over Pirates: A Compilation of Legal (available at: http://www.asil.org/insights090206.cfm ); Texts with Introductory Notes, http://ucl.academia.edu/ Malvina HALBERSTAM, op.cit., p. 288. documents/0046/8186/Guilfoyle_Treaty_Jurisdiction_ 56 Eugene KONTOROVICH, op.cit., 2009. over_Pirates_ CGPCS.pdf, 2009, p. 4. 57 Barry Hart DUBNER, Karen GREEN, “On The 30 Douglas GUILFOYLE, op.cit., 2010, p. 143; Creation of a New Legal Regime To Try Sea Pirates”, Douglas ��GUILFOYLE, op.cit., ��2009, p. 3; Tullio Journal of Maritime Law and Commerce, 2010, 41 issue TREVES, “��Piracy,�� Law of the Sea, and Use of Force: 3, 439-463, p. 449; KONTOROVICH, 2009. Developments off the Coast of Somalia”��,� The European 58 Barry Hart DUBNER, Karen GREEN, op.cit., p. Journal of International Law, 2009 Vol. 20 no. 2, 399 449; Eugene KONTOROVICH, “The Piracy Analogy: – 414, p. 402. Modern Universal Jurisdiction’s Hollow Foundation”, 31 H.E. Jose Luis JESUS, “Protection of Foreign HARV. INT’L L.J. Volume 45, Number 1, Winter 2004, Ships against Piracy and Terrorism at Sea: Legal 183-237, p. 190; Yvonne M. DUTTON, op.cit., p. 207- Aspects”, The International Journal of Marine and 208. Coastal Law, Vol 18, No. 3, Kluwer Law International, 59 Yvonne M. DUTTON, op.cit., p. 208; Eugene 2003, 363-399, p. 377. KONTOROVICH, op.cit., 2010, p. 252. 32 Milena STERIO, op.cit., 2010, p. 1468; Milena 60 Eugene KONTOROVICH, op.cit., 2004, p. 190. STERIO, op.cit., 2009, p. 386. 61 Ibidem, p. 192. 33 Mike MADDEN, “Trading the Shield of 62 Eugene KONTOROVICH, op.cit., 2009. Sovereignty for the Scales of Justice: A Proposal for 63 Barry Hart DUBNER, Karen GREEN, op.cit., Reform of International Sea Piracy Laws”, University pp. 450-451. of San Francisco Maritime Law Journal, Vol. 21, No. 64 Eugene KONTOROVICH and Steven ART, “An 2, 139-166, 2009, p. 147. Empirical Examination of Universal Jurisdiction for 34 Keyuan ZOU, op.cit., p. 326; H.E. Jose Luis Piracy”, American Journal of International Law (2010), JESUS, op.cit., p. 377. Vol. 104, Issue 03, pp. 436-453. 35 Ibidem. 65 Barry Hart DUBNER, Karen GREEN, op.cit., p. 36 Malvina HALBERSTAM, “Terrorism on the 455. High Seas: The Achille Lauro, Piracy and the IMO 66 Eugene KONTOROVICH and Steven ART, Convention on Maritime Safety”, 82 AJIL, 1988, 269- op.cit., p. 449. 310, p. 277. 67 Yvonne M. DUTTON, op.cit., p. 222; Rytis

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SATKAUSKAS, op.cit., p. 225. 6. GUILFOYLE, Douglas, “Counter- 68 KRASKA 2009 a, p. 197; KRASKA b, p. 46; piracy law enforcement and human rights”, James KRASKA, Brian WILSON, op.cit., p. 518. International and Comparative Law Quarterly, 69 KRASKA 2009 a, p. 203; KRASKA b, p. 46. vol. 59, January 2010, pp. 141–169, DOI: 10.1017/ 70 Yvonne M. DUTTON, op.cit., p. 223. S002058930999011X. 71 Eugene KONTOROVICH, op.cit., 2010, p. 263. 72 Ibidem, pp. 266-267. 7. GUILFOYLE, Douglas, Treaty Jurisdiction 73 Eugene KONTOROVICH and Steven ART, over Pirates: A Compilation of Legal Texts op.cit., p. 450. with Introductory Notes, http://ucl.academia. 74 Milena STERIO, op.cit., 2009, p. 392. edu/documents/0046/8186/Guilfoyle_Treaty_ 75 Ibidem; ��Barry Hart DUBNER, Karen GREEN, Jurisdiction_over _Pirates_CGPCS.pdf op.cit., ��p. 457. 8. HALBERSTAM, Malvina, “Terrorism on the 76 Tullio TREVES, op.cit., p. 409. High Seas: The Achille Lauro”; “Piracy and the 77 Ibidem. IMO Convention on Maritime Safety”, 82 AJIL, 78 Yvonne M. DUTTON, op.cit., p. 210. 1988, pp. 269-310. 79 Ibidem, p. 222. 9. Institut de droit international, Naples 80 Eugene KONTOROVICH, op.cit., 2010, p. 255. 81 Douglas GUILFOYLE, op.cit., 2010, p. 152. declaration (2009), http://www.idi-iil.org/idiE/ 82 Ibidem, p. 144;�� Barry Hart DUBNER, Karen declarationsE/2009_Naples_EN.pdf GREEN, op.cit., ��p. 456;�� KONTOROVICH 2010, p. 10. JESUS, H.E. Jose Luis, “Protection of 270; STERIO 2010, p. 1468. Foreign Ships against Piracy and Terrorism at 83 Eugene KONTOROVICH, op.cit., 2010, p. 270; Sea: Legal Aspects”, The International Journal of Eugene KOTOROVICH, op.cit., 2009. Marine and Coastal Law, Vol. 18, No. 3, Kluwer 84 Tullio TREVES, op.cit., p. 402. Law International, 2003, pp. 363-399. 85 Douglas GUILFOYLE, op.cit., 2010, p. 144. 11. KONTOROVICH, Eugene and ART, 86 Eugene KONTOROVICH, op.cit., 2010, p. 272. Steven, “An Empirical Examination of Universal Jurisdiction for Piracy”, American Journal of BIBLIOGRAPHY: International Law (2010), Vol. 104, Issue 03, pp. 436-453. 1. BAHAR, Michael, “Attaining Optimal 12. KONTOROVICH, Eugene, “A Guantánamo Deterrence at Sea: A Legal and Strategic Theory on the Sea”: The Difficulty of Prosecuting Pirates for Naval Anti-Piracy Operations”, Vanderbilt and Terrorists”, California Law Review, (2010) Journal Of Transnational Law, Vol. 40, 2006, pp. vol. 98, pp. 243-275. 3-85. 13. KONTOROVICH, Eugene, “The Piracy 2. CHALK, Peter, The Maritime Dimension Analogy: Modern Universal Jurisdiction’s Hollow of International Security Terrorism, Piracy, and Foundation”, HARV. INT’L L.J., Volume 45, Challenges for the United States, 2008, RAND Number 1, Winter 2004, pp. 183-237. Corporation. 14. KONTOROVICH, Eugene, “International 3. DUBNER, Barry Hart; GREEN, Karen, “On Legal Responses to Piracy off the Coast of The Creation of a New Legal Regime To Try Sea Somalia”, ASIL Insights, February 6, 2009, Pirates”, Journal of Maritime Law and Commerce Volume 13, Issue 2, available at: http://www.asil. (3/2010), issue no. 41, pp. 439-463. org/insights090206.cfm 4. DUTTON, Yvonne M., “Bringing Pirates 15. KRASKA, James and WILSON, Brian, to Justice: A Case for Including Piracy within the “The Pirates Of The Gulf of Aden: The Coalition Jurisdiction of the International Criminal Court”, Is The Strategy”, STAN. J. INT’L L. 241 (2009), Chicago Journal of International Law, Vol. 11, pp. 241-284. No. 1, Summer 2010, pp. 201-245. 16. KRASKA, James, “Coalition Strategy and 5. European Security and Defence Assembly, the Pirates of the Gulf of Aden and the Red Sea”, Assembly of the Western European Union, Report: Comparative Strategy, 28:197–216, 2009, DOI: The Role of the European Union in Combating 10.1080/01495930903025250. Piracy, Document A/2037, 4 June 2009, http:// 17. KRASKA, James, “Fighting Pirates: The www.assembly-weu.org/en/documents/sessions_ Pen and the Sword”, World Policy Journal, Winter ordinaires/rpt/2009/2037.php 2008/09, Vol. 25, No. 4, pp. 41-52, DOI: 10.1162/

86 STRATEGIC IMPACT No. 1/2013 SECURITY AND MILITARY STRATEGY wopj.2009.25.4.41. 24. SATKAUSKAS, Rytis, “Piracy at sea and 18. Lloyd’s List, 18 February, 2011, www. the limits of international law”, Aegean Review of lloydslist.com/ll/sector/regulation/article356560. the Law of the Sea and Maritime Law (2011), 1: ece, accessed on October 15, 2011. 217-235, DOI 10.1007/s12180-010-0013-3. 19. MADDEN, Mike, “Trading the Shield of 25. STERIO, Milena, “Fighting Piracy in Sovereignty for the Scales of Justice: A Proposal Somalia (and Elsewhere): Why More is Needed”, for Reform of International Sea Piracy Laws”, Fordham International Law Journal, Volume 33, University of San Francisco Maritime Law Issue 2, 2009, pp. 372-408. Journal, Vol. 21, No. 2, 139-166, 2009. 26. STERIO, Milena, “The Somali Piracy 20. Munich Re Group, Knowledge series Problem: a Global Puzzle Necessitating a Global Piracy—Threat at Sea: A Risk Analysis, 2009, Solution”, American University Law Review, www.munichre.com/publications Volume 59, Number 5, June 2010, pp. 1149-1497. 21. PASSMAN, Michael H., “Protections 27. SULLIVAN, Alexa K., “Piracy in the Horn Afforded to Captured Pirates Under the Law of of Africa and its effects on the global supply chain”, War and International Law”, Tulane Maritime Law Journal of Transportation Security, Volume 3, Journal, Volume 33, Winter 2008 Number 1, pp. Number 4, 231-243, DOI: 10.1007/s12198-010- 1-40. 0049-9. 22. PLOCH Lauren, BLANCHARD 28. TREVES, Tullio Piracy, “Law of the Sea, Christopher M., O’ROURKE Ronald, MASON and Use of Force: Developments off the Coast of R. Chuck, KING Rawle O., Piracy off the Horn Somalia”, The European Journal of International of Africa (Congressional Research Service, Report Law, 2009, Vol. 20 no. 2, 399 – 414, DOI: 10.1093/ No. R40528, updated Apr. 19, 2010), http:// ejil/chp027. opencrs.com/document/R40528/ 29. ZOU, Keyuan, “New Developments in the 23. ROACH, J. Ashley, “Countering Piracy International Law of Piracy”, Chinese Journal of Off Somalia: International Law and International International Law, Vol. 8, Issue 2, pp.323-345, Institutions”, American Journal of International 2009 DOI:10.1093/chinesejil/jmp006. Law (2010), Vol. 104, Issue 03, pp. 397-416.

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REDEFINING THE ROLE OF THE STATE AS A SECURITY GUARANTOR IN THE ERA OF GLOBALIZATION

Filofteia REPEZ, PhD* Cătălina TODOR**

The beginning of the 21st century is defined The literature offers an abundance of studies by a series of paradoxes. In security terms, even on globalization, but in most of the cases this is though we are at a very high level of global approached from economic perspective, this being interconnections and interdependences, this easier to observe and measure, meanwhile the link fact does not translate into a safer world, a less between globalization and security is less exploited, conflictual or more organized one. being more difficult to observe and measure. The present research is aiming to identify the In order to establish the coordinates of this link nature of the connection between globalization between globalization and security, a scientific and security, according to the literature and the conceptual approach is needed, in an attempt consequences of this connection from the perspective to make a notional delimitation about what of the risks and threats that globalization can pose globalization is and is not, and then about what to security. The last part of the research is reserved security is, all those reflecting on the nature of the to the role of the state as a guarantor of security previous mentioned relation. in the new architecture of the globalized security The literature is abundant in defining the environment. globalization process. Keywords: globalization; security; effects Thus, globalization can be defined as a reality of of globalization; risks; asymmetrical threats; the contemporary world that puts its mark on every national state. human activity area (economic, political, military, social, cultural, scientific, technological, ecologi- 1. Globalization and security. cal) an adds a distinction in prioritizing the levels Conceptual delimitation of influence: “Above all, globalization is a geoeconomic process and then a geopolitical and geocul- Globalization is perhaps one of the most tural one... globalization is a complex phenomenon actual, debated and even controversial worldwide that has a profound implication in all the human phenomena, having repercussions on all the activity areas.”1 Basically, the economic power is human activity areas and as a consequence on all the first coordinate which transcends the spatial the sectors and dimensions of security. borders, creating interconnections and interdepen-

* Lieutenant Colonel Filofteia REPEZ, PhD is lecturer at the Department of Joint Operations, Strategic and Security Studies, within “Carol I” National Defence University, Bucharest, Romania. E-mail: [email protected] ** Cătălina TODOR is PhD candidate in Geography with Babeş-Bolyai University, Cluj-Napoca, Romania. E-mail: [email protected]

88 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS dences and facilitating the evolution of technology, the globalization concept. It has been concluded communications and means of transport. that “this notion is not absolute, but relative and Another definition confines the globalization its projection at national and international level concept as „not an event, but a gradual and ongoing reflects a certain gradualist approach”6. expansion of an interaction process, forms of According to the Romanian Explicative Dic- organization, and forms of cooperation outside the tionary, „the term of security originates from the traditional space defined by sovereignty. Activity Latin word securitas-securitatis, notion that means takes place in a less localized, less isolated way “the state of being at shelter/ being protected of as transcontinental and inter regional patterns any danger; the feeling of confidence and peace which cross and overlap one another.”2 Also, he of mind that the absence of any danger gives to makes the difference between globalization and someone”7... The security becomes real and effec- the simple interconnections by adding to this tive when it acquires the dimension of certainty dimension the inter-penetrations, measured in and for the collective security nothing can be more terms of movement of goods and capital, to which important than the certainty of the frontiers, the the movement and the inter-penetrations of people territorial unity and integrity of the states, preserv- and ideas is added. ing the language, culture and spirituality8. Also, globalization could mean „the domination At a practical level, a definition of this security of ideas, products, powers, etc, but it is neither concept, comprehensively enough, to which we equal nor universal.” the same author underlines, will relate in terms of globalization and outcome however, the lack of a rigorous definition, of the link between security and globalization which increases the possibility of this process states that “security is a state represented by the to “become a cliché, a grand idea that captures system of favorable internal and international, absolutely everything that happens around us and ecological, social, economic, military, diplomatic, cannot be explained coherently, or the cause of political, informational and cultural conditions, all the problems that the world economy and the in which every human community activates.” To contemporary society are dealing with.”3 this adds a classification based on the geographical Last, but not least globalization is “a controversial environment in which it manifests: “national notion in the sphere of the economic, political and security (when we take into consideration the cultural studies”4, fact confirmed by reviewing the territory of a state), regional security (includes literature, controversy that brings positive visions several states from a specific geographical area) based on the advantages of globalization, negative and the international security (captures the whole visions based on its negative outcome and also a Planet)”9. Also, the author acknowledges that moderate vision that combines the two approaches, national security can be considered a component of making of globalization a process that brings both international security and consists in “guaranteeing opportunities and vulnerabilities in all dimensions the fundamental rights and freedoms of citizens, of international environment. protecting the sovereign and independent, unitary In our current research, we relate to a definition and indivisible national state, consolidating the rule considered among the most used ones: “globaliza- of law and the democratic institutions, ensuring tion represents the process by which the geograph- a decent standard of living for the population, ical distance becomes a gradually less important protecting and promoting the national interests factor in establishing and developing cross-border worldwide”10, meanwhile international security economic, political and socio-cultural relations. “consists in a state of dynamic balance, outcome of The networks of relations and dependencies ac- the multiple and complex interactions between the quire a growing potential of becoming interna- states of the world, in the pursuit of natural human tional and worldwide ones”5 a definition which is activity”. This involves “that state of normality comprehensive enough, but also general and neu- for the planetary security environment in which tral enough in order not to point either the negative the threats and risks that can affect the physical or the positive effects of this process. and mental integrity of a person, as well as their Regarding the concept of security, literature material goods, are under the effective control of offers a multitude of versions and definitions, those who manage human activity both at national comparable from this point of view to defining and global level.”11

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Therefore, from the perspective of action areas, since the end of superpower competition due to the we can observe that the concept of security has been end of the Cold War, these effects often merge with associated to different sectors such as: economic, the changes in the international agenda and second, political, military, environmental, etc; so concepts because these effects are harder to conceptualize as: economic security, cultural security, social and measure as opposed to the economic ones security, etc can be explained, concepts which which, for example, are manifested and measured make of security a concept with practicability in by means of the international capital flows or of all the human activity areas. The same thing is the internet use.15 valid in the case of the globalization concept. As previously stated, the effects, which we Both globalization and security are concepts may consider in the present research as the which lack a notional clarity, the link between security effects of globalization, are both positive these two being thus even more difficult to define. and negative and they can be summarized as In the security context, a very relevant definition follows16: is the one made by Philippe Delmas, stating that • the feeling of belonging or of solidarity globalization is “an ensemble of ideological- between states belonging to the same region may political beliefs, having a consensus in the analysis experience an accentuation. For example, Ignacio of the planetary dimension which the political, Ramonet claims that this actual situation is more technological, economic and social challenges of a chaos, one of its peculiarities being the rebirth humanity is facing at the present has gained.”12 of the nationalist sentiments itself and the increase Therefore, it is essential for the security notion of the fundamentalist ones17; that globalization does not act unidimensionally, • the magnification of solidarity between the but in all the areas of human activity (economic, states of the world regarding the peacekeeping political, social, cultural, etc). National, regional, at regional and worldwide levels, preventing and international security is unequal and capable of controlling the conflict and crisis, solving the contracting the spatio-temporal dimension, increas- major humanitarian problems, the terrorism; etc.; ing the degree of interdependence and interconnec- • the deconstruction and the rebuilding of the tion between the groups that interact both at macro actual international system can generate some and micro level of decision locally, regionally and crisis of diverse nature (economic, religious, ethnic worldwide. Globalization is a process whose main or national one, etc); characteristic is the paradox itself, explained as fol- • the increased economic interdependence lows: “globalization unites and divides, approach- between the worldwide states can determine the es and separates, but it also disrupts; it enhances increase in stability at a regional and global level; wealth, but also extends the poverty area.”13 • the increased sensitivity of the world economy Other authors see globalization as a necessity of towards any local or regional malfunction or the modern age due to its possibility of decreasing difficulty; the vulnerabilities created by “the accelerating • the reduced possibilities of anticipation and technological advances and information prevention of economic and financial crises and technology, the deepening of the strategic fissures politico-economic syncopes can threat and disrupt between the civilized world and its major effects of the technological and military capacity of a country marginalization of some populations, regions and or even more than one; even continents, the combat against threats of all • the decreasing level of national security due kind and the management of crisis and conflicts”, to the very high level of dependence between the but they point out that it has “a multitude of other resources, information and technologies of different effects, including negative ones, within the global, countries; the international interdependences regional and national security.”14 can affect the independence of the governmental decisions, according to national interests and to the 2. Risks and threats towards security negative repercussions towards other fields than posed by globalization the economic one (such as the cultural identity, controlling criminal groups and cross-border Globalization’s effects on security are less mafia, etc.); approached for at least two reasons: first because • the appearance and proliferation of some

90 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS asymmetrical threats and risks with negative ef- Regarding the territorial dimension of security, fects felt by many countries such as: proliferation it will manifest as national security risks in of the terrorist and human traffic mafia networks, the first place and then the regional and global drugs, weapons, military and nuclear technolo- risks. Practically speaking, all those threats first gies; breaking of the informational and banking have implications at local dimension and then, systems; disinformation and manipulation of in- based on their spreading potential, at regional or formation, the decreasing authority of the state and international dimension. the encouragement of creating autonomous, mafia- Globalization can also lead to an increase type structures with powerful international ramifi- in the occurrence of risk materialization by cations, which leads to the globalization of organ- the simple fact that this process has radically ised crime, the emphasis of economic, financial modified “the capabilities placed in service of and political dependency of the developing states the threats.”21 Globalization creates opportunities on the developed ones; the expansion of clandes- for the insecurity generating actors by means tine immigration; the environmental challenges. of technology, diversification and expansion of We may assert that the positive effects of communication and transport means. the globalization are given especially by the Victor D. Cha appreciates that those who advantages of the high level of international produce threats can belong to state actors, non- cooperation, meanwhile the negative ones are the state actors and individuals. The simple question consequences of a much too fast development that arises is: who is left the task to oppose them of the interaction between the humanity and the and what is the role of the state in this equation? strategic resources (the information resources, the In the following lines, the present research is modern technological resources, etc.) – on one trying to find a possible answer to this question. side – and on the other side, of the much too rapid interaction between civilizations and values. 3. Globalization and the state's role Regarding the source of those effects, some in providing security authors say these are occurring due to the globalization process: “globalization implies... The security threats and risks arisen as a biunivocal relations (between the states with consequence of the globalization process bring the same level of development) and univocal forth the need for a “new order” that redefines relations (between the states with different levels the responsible actors for the individual, national, of development), being active (in the first case) regional and global security. The process of and passive (in the second case), taking into remodeling the world can be explained through consideration the economic, political and cultural the following aspect: “in the last decade the power of the states engaged in this process ”18. events, phenomena and increasingly dynamic and Kofi Annan, former General Secretary of the UN, complex mutations have accelerated the process of observes that “the benefits of globalization are remodeling the world … leading to that new order, unevenly distributed, meanwhile the disadvantages a reset of the international system.”22 Examples devolve upon all.”19 of this kind of manifestations are numerous: the Relating to the security risks, Ignacio Ramonet 9/11 2001, the terrorist attacks from Madrid and points out the fact that the most profound effects London, but also the transformation of regional of globalization involve the complication of the organizations (NATO and EU expansion to the “threat” notion: “the enemy has become a monster East, reforming the EU through the adoption of with thousands of faces that can mean arise of the Lisbon Treaty in 2009 and NATO through the demographic boom, drugs, mafia, the nuclear adopting the New Strategic Concept in 2010), or proliferation, ethnic fascism, AIDS, the Ebola China's rising influence, the global warming, the virus, organized crime, Islamic fundamentalism, emergence of some pandemics such as H1N1, the the greenhouse effect, the desertification, the Libyan war, the popular riots in North of Africa population migration, the radioactive clouds, etc.”20 and the Middle East at the beginning of 2011, the Also, he draws attention to the fact that this threats increase in the frequency of the energy crisis. do not have boundaries, so that retaliation cannot Reorganizing the international system�� is likely be made with the traditional weapons of war. to�� change�� the position of the national state�� bot��h�� at��

STRATEGIC IMPACT No. 1/2013 91 ANALYSES, SYNTHESES, EVALUATIONS the level of actions�� against�� the actual�� security�� risks geostrategy.” As a solution to the inability of the and�� in terms�� of�� security structures of�� transnational state to avoid the globalization effects, “replacing organizations which are�� undergoing a�� redefinition the state concept understood as a whole sovereign process�. state by the meaning of a state understood as a Traditionally, the state has been considered a place of concentration of influence networks and security guarantor, power being measured in terms relationships”28 is estimated the only possible one. of military capacity, economic power and natural At the level of international action, it is a real resources. The ability to transform these assets in and visible fact that the national state is not at its exercise of influence determined Sean Kay to claim end of existence, but what has changed is the space the fact that globalization forces states to redefine in which security actions are applied: “a post- the meaning of the power concept.23 In his vision, sovereign space whose spectrum ranges from non- globalization brings important changes in the nature state to sub-state and trans-state arrangements” of power dynamics: the asymmetrical power, the and that the state has less control, globalization state power, the role of human resource, the role acting in both ways: “widening boundaries, but of ideas and the power of media. Therefore, new also weakening them.” To the traditional security coordinates have been added to the power, such role (defending the territory and its sovereignty) as: human resource, informational resource and globalization adds the necessity of defending the technological advance.24 Given the international technological and informational assets.29 dynamics, flows and movements of these sources These statements are reinforced and justified: of power and the fact that they exceed the frontiers the state does not go down; the “state remains, in of the national state and its ability to have total terms of economy, society and culture, the main control over them, the traditional position of actor both in globalization and regionalization, the state is now in a process of redefinition. its position being more full of interdependent Basically “no state, regardless of its size (area processes that allow it to achieve its goals only and population), level of economic development, through cooperation with the third parties.”30 political regime, military power can oppose this Another idea focuses on transferring “a series of process” of globalization and that there are trends specific characteristics of the traditional concept of towards “realizing a global community” which state sovereignty ... to the competence of regional changes “the whole life of the nations”.25 Relating and/or international organizations with recognized 31 this aspect to the concept of security translates into powers in human security area” . modifications of the state’s implication in ensuring The globalization process makes out of states 32 and supporting security. “agents of the so-called planetary village” , in Analyzing the role of the state in this new which the individuals and societies are no longer architecture generated by globalization, the protected, stopped and constrained by borders, following finding is particularly relevant: “the meaning that people and goods are freed of the globalization theories present either hyperglobalist geographical context. On the other hand, negative scenarios, or state-centered scenarios.”26. It is thus connotations are being associated to the concept of emphasized that the sovereignty of the states is planetary village: the global village remains at least being questioned, arguing “the lack of relevance for the future an utopia because, in the opinion of 33 of geographical anchored jurisdiction” in the many, it is not even something to desire. In this circumstances that “globalization cleaves the context, the authors call for the concept of global geographical borders more and more”, focusing on governance, a new world order as a response to the influence transfer from geographical space to globalization, finding that the nation state is too cyberspace.27 “Sovereignty is becoming relative” is small to effectively cope the global challenges another finding and this supports the idea that “the alone; they claim its corrosion, its being no longer fundamental problem faced by any state remains able to fulfill some of “its important functions (e.g. identifying a new balance between international safety of its citizens in this age of mass destruction 34 competition and preserving the national cohesion; weapons).” between the new geoeconomic requirements and By means of the global governance concept, the those belonging to the traditional geopolitics and state is maintaining its regulatory functions and its filling the gap of regulatory deficit by: cooperation,

92 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS creating some political forms, involving the civil as lacking of clarity in their notional delimitation. society (at a global level) and strengthening the This brings up the difficulty in measuring the ef- international organizations35. fects of globalization within the security dimen- We may thus observe how actual and important sion, for which the connection between the two the discussion about the role of state in the concepts is relatively less approached by the lit- age of globalization is. Being in a continuous erature, generally those approaches being centered reconfiguration, the international environment is on the economic dimension of globalization. It is shaped by paradoxes in which chaos and order, the no doubt that the repercussions of globalization on state and the geopolitics, international organizations security are carried out both at the level of security and global governance are coexisting in a tandem challenges and at the level of guarantors of secu- manner. rity actors. The role of the state in the new security archi- In terms of challenges, this paper’s aim was tecture is that of ensuring the security of its citi- to show that they result primarily due to the mark zens, and, together with other actors of the global that globalization has on the term “threat” itself architecture, preventing transboundary security which becomes a concept increasingly difficult to risks from happening. It is certain that the state delimit, acting in all spheres of the human activity can no longer act as the only responsible guaran- (economic, social, cultural, political, military), tor of security, needing to act together with and but also at the level of environment through its according to a series of international, regional, ecological dimension. Threats of various kinds national and local actors such as: international or- occur both at the individual, local, national, ganizations (UN, World Bank, IMF etc), regional regional and international levels. blocks (EU, OSCE, etc), media (from the interna- From the perspective of security ensuring tional channels such as CNN, BBC, to the social actors, a crucial aspect for the current security networks), NGOs (The International NGO Safety environment, emphasized by this research, is the and Security Association «INSSA», International change that occurs due to globalization at the Crisis Group, International Federation for Human level of the role that the state has in providing Rights etc.), civic society. security. The age of the state does not end, but it Taking into account the direction traced by the is redefining, the state being no longer the only previous analysis of the literature, we can make guarantor of security, but acting along with other the following remarks: globalized actors or actors of globalization such • the state alone can no longer cope with as: international organizations, regional blocks, challenges that go beyond the national borders; global media, NGOs , etc. • the reality regarding the connection between Currently, the 21st century world is in full globalization and security is midway between the process of reshaping the international security state-centered and the hyperglobalist approaches; environment, a context in which the debates and • the age of the state does not end having in concerns on globalization and security are more mind that in terms of security, the state should than necessary. be the umbrella under which “a concentration of influence networks and relations”36 takes place; NOTES: • the security in a globalized age must be the 1 Mircea�� MURE��ŞAN�, “Globalization and result of cooperation between the state and other Insecurity”, in Strategic Impact no. 4/ 2005, pp. 5-9. international, regional and national actors; 2 Victor D. CHA, “Globalization and Study of In this context, what is crucial for the security International Security”, in Journal of Peace Research, is the way in which the state will be able to strike a Vol. 37, No. 3/2000, p. 392. balance between global environment transferable 3 Teodor FRUNZETI, “Globalization or Regionali- tasks and the imperative task to remain national zation”��,�� in Strategic Impact no. 2/ 2011, p. 8. 4 Sven BISVEL, “Globalization, State Transforma- Conclusions tion and Public Security”, in International Political Sci- ence Review, 2004, Vol. 25. No. 3, 281-296, p. 284. 5 Eugen SITEANU, “Globalization and Political Globalization and security are two concepts as and Military Decision”, in Strategic Impact no. 1/ 2006, actual and expanded in terms of the area of action pp. 22-24.

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6 C. PANAIT, A. PASOL et all, „Dimensiunea de 35Ibidem, p. 85. securitatea a globalizării”, in Evoluţia arhitecturilor 36 Gheorghe NICOLAESCU, op. cit., p. 59. de securitate sub impactul globalizării - noi vremuri, BIBLIOGRAPHY: noi actori, G. TOMA, T. LITEANU, C. DEGERATU (coordonatori), Editura A.N.I, Bucureşti, 2007, p. 81. 1. BISVEL, Sven, “Globalization, State 7 DEX online, http://dexonline.ro/definitie/securitate Transformation and Public Security”, in (accessed on March 14, 2013) International Political Science Review, Vol. 25, 8 Cf. C. PANAIT, A. PASOL et all, op. cit., p. 81. 9 Petre DUŢU, “Globalization and the Relation No. 3, 2004. Between National Security and International Security”, 2. CHA, D. Victor, “Globalization and Study in Strategic Impact no. 14, 1/ 2005, pp. 11-15. of International Security”, in Journal of Peace 10 Ibidem, p. 13. Research, Vol. 37, No. 3/2000. 11 Ibidem, p. 12. 3. DUŢU, Petre, “Globalization and the 12 Philippe DELMAS, apud Eduard Vitalis, “The Relation Between National Security and Globalization and the Effects of Projecting it into the International Security”, in Strategic Impact no. 14, Regional Security Field”, in Strategic Impact no. 2/ 1/ 2005. 2005, pp. 50-52. 4. FRUNZETI, Teodor, “Globalization or 13 Teodor FRUNZETI, op. cit., p. 8. Regionalization”, in Strategic Impact no. 2/ 2011. 14 Eduard VITALIS, op. cit., p. 51. 15 Cf. Victor D. CHA , op. cit., p. 393. 5. HEDEŞIU, Emil; STOICA, Constantin, 16 E. HEDEŞIU, C. STOICA, G. TOMA, Securitatea TOMA Gheorghe, Securitatea Internaţională sub internaţională sub impactul globalizării – Realizări, Impactul Globalizării – Realizări, provocări şi provocări şi schimbări, Editura Academiei Naţionale schimbări, Editura A.N.I, Bucureşti, 2007. de Informaţii, Bucureşti, 2007, pp. 15-18. 6. KAY, Sean, Globalization, Power and 17 Ignacio RAMONET, The Geopolitics of Chaos, Security, SAGE Publications, Security Dialogue, Algora publising, New York, 1998, p. 6. vol. 35, no. 1/ 2004. 18 Mircea MUREŞAN, “Globalization and 7. MUREŞAN, Mircea, “Globalization and Insecurity”, in Strategic Impact no. 4/ 2005, p. 7. Insecurity”, in Strategic Impact no. 4/ 2005. 19 Ibidem. 8. MUREŞAN, Mircea, “Globalizare, 20 Ignacio RAMONET , op. cit., p. 18 21 Cf. C. PANAIT, A. PASOL et all , op. cit., p. 88. Integration, Development – the Pillars of a Lasting 22 Teodor FRUNZETI , op. cit., p. 7. World”, in Strategic Impact no. 1/ 2005. 23 Cf. Sean KAY, “Globalization, Power and 9. NICOLAESCU, Gheorghe, “Globalizare, Security”, Security Dialogue, vol 35, no. 1/ 2004, regionalizare şi stat”, in Impact Strategic no. 4-5 / SAGE Publications, p. 14. 2002. 24 Ibidem. 10. PANAIT, C.; PASOL, A. et all, 25 C. PANAIT, A. PASOL et all, op. cit., p. 80. „Dimensiunea de securitatea a globalizării”, in 26 Liviu Bogdan VLAD, Gheorghe HURDUZEU, Evoluţia Arhitecturile de securitate sub impactul Andrei JOSAN, “Geopolitics and globalization – The globalizării - noi vremuri, noi actori, G. TOMA, Nation-State in the Postmodern World”, in Strategic T. LITEANU, C. DEGERATU (coordonatori), Impact no. 1/ 2009, pp. 71-76. 27 Ibidem, p. 75. Editura A.N.I, Bucureşti, 2007. 28 Gheorghe NICOLAESCU, “Globalizare, 11. RAMONET, Ignacio, The Geopolitics of regionalizare şi stat”, in Impact Strategic nr. 4-5 / 2002, Chaos, Algora Publising, New York, 1998. p. 59. 12. SITEANU, Eugen, “Globalization and 29 Cf. Victor D. CHA , op. cit., pp. 392-395. Political and Military Decision”, in Strategic 30 Teodor FRUNZETI , op. cit., p. 8. Impact no. 1/ 2006. 31 Petre DUŢU, op. cit., p. 13. 13. VITALIS, Eduard, “The Globalization 32 Marshall McLuhan – the concept of “global and the Effects of Projecting it into the Regional village” Marshall McLUHAN, Understanding Media, Security Field”, in Strategic Impact no. 2/ 2005. The extensions of man, London and New York, 1964, 14. VLAD, Liviu Bogdan, HURDUZEU, apud Eduard VITALIS, op. cit., p. 51. 33 Cf. C. PANAIT, A. PASOL et all, op. cit., p. 80. Gheorghe, JOSAN, Andrei, “Geopolitics and 34 Ibidem. globalization – The Nation-State in the Postmodern World”, in Strategic Impact no. 1/ 2009.

94 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS GENERAL CONSIDERATIONS CONCERNING THE LEGAL STATUS OF INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS

Mădălina Virginia ANTONESCU, PhD*

The legal statute of international organizations with the phenomenon of proliferation of such legal (in absence of an unanimous legal definition, entities with multiple roles but well established accepted by states) is important in order to by the states. Often, they play a significant role in understand the basic principles of political the establishment or recognition of a democratic international environment at the beginning of 21st behaviour for countries on different continents, century, the need to make this environment safer, in securing international political and military the need of cooperation between states as well, in environment (organizations with a defensive order to fulfil objectives of common interest. In this military profile), in combating international article, we are trying to realize a brief analysis of terrorism, in protecting human rights, in the field the incident literature, in order to underline the of humanitarian law and other numerous fields general legal framework in which states can create where joint cooperation and persistent effort by such entities and also, their specific elements, states are required in order to preserve peace and distinguishing them in comparison with other spread democracy across the globe, as well as actors. respect for human rights and individual freedoms. Keywords: international organization; It is, therefore, important to understand their principle of specificity; founding members; establishment and defining elements, which give admitted members; exclusion; withdrawal. them individuality and efficiency in international or regional political and legal environments, in 1. An attempt to legally define the combating various types of phenomena that are term “international intergovernmental specific to the international environmental in the organization” start of the 21st century. According to Jean Combacau1, due to the In the society at the end of the 20th century and diversity and increasing number of international in the start of the 21st century, the importance of organizations, a general definition that would the international intergovernmental organizations include the common elements of international experienced a continuous growing, simultaneously intergovernmental organizations would only

* Mădălina Virginia ANTONESCU, PhD in European Law, is expert in international relations with the Romanian Diplomatic Institute and honorary researcher with the Romanian Institute for Human Rights. E-mail: [email protected]

STRATEGIC IMPACT No. 1/2013 95 ANALYSES, SYNTHESES, EVALUATIONS have a theoretical feature2. In his opinion, the According to another author, since we can not international organization is defined as “a group speak of a universally accepted definition of the with a permanent purpose consisting essentially international organizations, there are no features of states created by them based on a generally that can be identified as “preset”11. multilateral convention, a group having their own An essential element for the legal existence of bodies and conferred powers”. According to this an international organization entails the association definition, international organizations are based of states to achieve joint objectives12 (in case of on a “principle of specificity”: thus, by virtue of the integration organizations, where their level the “instrumental or functional featurec of the of autonomy to the Member States is higher in international organizations, specific tasks are comparison with the cooperative organizations, assigned to each of them under an interstate treaty. so that there are actual objectives specific to the The international organizations have, by the will organization, as an entity that is distinct from the of the states founding them, their own personnel will of the states). “ensuring the functioning of the collegial bodies”; Creating an international organization under they also have “a state funding and possibly an international treaties concluded between sovereign international personality, exercise legal and / or states, treaties with various names (charter, operational activities, in accordance with the statute, and constitution) is a distinctive element provisions of their establishment act”3. in the definition of such entities, according to the The UN International Law Commission, doctrine13. through its rapporteur, G. Fitzmaurice, proposed Also, another constituent for an international within its proceedings in 1956, a definition of organization, according to the doctrine, concerns the international organization, regarded as “an the existence of its own institutional structure, association of states4, established by the Treaty, a number of bodies with permanent or periodic provided with a constitution and joint bodies and operation, depending on the specific of the possessing legal personality distinct from that of organization concerned, through which it performs the Member States”. Although generally accepted the work provided in its establishment act. Among within the international law doctrine, this definition such bodies, according to the doctrine, there should is not adopted in the text of the Vienna Convention be at least a representative body of all Member on the Law of Treaties, 1969. Thus, art. 2 of the States14. Convention states that “international organization” Finally, it should be noted that international is a phrase equivalent to “intergovernmental organizations are subjected in terms of their organization”, so the emphasis is on the capacity establishment, goals, and activities, to international of the participants in the organization, namely they law standards and in particular the fundamental should be the states only5 (while the other distinctive principles of international law15, an aspect which elements of the international organization to which is another constituent element of international the doctrine refers are not adopted). organizations. At the moment, we can not say that there is a By adding the components of such an entity, it precise and universally accepted legal definition would automatically acquire own legal personality of the international organization within the (of national and international law).16 international law6. On the other hand, considering the recent origin However, the definition of the international of this legal concept (“international organization”), organization should also include the element we can not say that there is a strict, clear, and of “free will” of the organization7. This element widely accepted definition of such institutions (“free will8, expressed in the legal personality of of international law, applicable at regional and the organization”) also appears in the definition international levels. given by Mircea Maliţa on the international organization9, which is considered a “permanent 2. Legal relations between international institution, established as a legal entity consisting organization and Member States generally of states, for certain purposes10, with a will of its own and reflecting the will of the Regarding this topic, we should mention from majority of Member States”. the very beginning that we will refer briefly to

96 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS some issues such as the obtainment and loss of may participate in activities of the organization as membership17. full members only after having passed a specific Thus, a State may accede to an international admission procedure (performed by accession), organization if it shows that it can assume the whose conditions are usually specified in the obligations provided in the establishment act and establishment act of the organization24. Given the can contribute to the achievement of the objectives variety of provisions in these legal documents of common interest in the establishment act18. underpinning the international organizations, it is It is essential, in this view, that the voluntarist difficult to identify generally applicable rules on nature of the international organization as a form states’ accession. of cooperation between states19 is emphasized, A trend noticed in the doctrine and related since, by virtue of their sovereign nature, states to the regional international organizations is to can not be forced to participate in the activity subject the State wanting to accede to such an of the international organizations or assume organization, to the condition of belonging to legal obligations in relation to it, or accept the a certain geographical area25 (in other cases, an objectives in its establishment act or respect the economic or political criterion is added to the decisions taken by the bodies of the international geographical criterion). organization concerned. However, in general, the diversity and large Although there are numerous and diverse20 number of international organizations lead to the international organizations, there are comparable existence in the establishment act of each of these rules that allow us to detect a legal regime applicable organizations, of their own specific conditions, to the “membership status” of the organization (we related to the obtainment of membership, depending refer to general legal rules on obtainment and loss on the objectives of the organization26. of membership). With regard to the procedural requirements Thus, as regards the obtainment of membership imposed by the establishment act for the obtainment by an international organization, it should be noted of membership of the organization, one can say that this is achieved either by the participation of that they differ from case to case, depending on the State in question to the development of the the type of establishment act (international treaty, organization's establishment act or by the State’s which will be subject to ratification or acceptance adhesion, following the development of such act, procedures, agreement in a simplified form). to the organization concerned21. However, as mentioned by a part of the doctrine, In the first case, the capacity of “founding it is crucial that the State concerned expresses its member” of the international organization is a consent to become a party to the establishment act, legal consequence of the state’s participation in according to its constitutional provisions27. the establishment of the organization and the Another procedural requirement related to the development of its establishment act (although obtainment of membership of the organization the doctrine22 emphasizes the fact that there is refers to the submittal of ratification or approval no hierarchy, no distinction between such states instruments by the adhering State to the Depositary and those that subsequently adhered to the (State or organization) of the establishment act of organization, whereas both are “full members” of the organization concerned. This step usually takes the organization, so not having a different legal place following the decision of the organization in status in terms of the rights and obligations provided question to accept the State as a member and after by the establishment act of the organization). the latter has fulfilled its internal constitutional As shown in the literature, adhesion of a State formalities. to an international organization has a doubly Regarding the legal status of the members of voluntary nature (entailing both a manifestation the organization, it is mainly governed by the of the will of the State and a manifestation of the provisions of the establishment act and completed will of the organization itself)23. The “original by the acts adopted subsequently by the bodies of members” (or founders) of the organization gain the organization. Thus, by virtue of its status as a such legal capacity by ratifying the establishment “full member” within the organization – but still act of the organization (previously negotiated and remaining a sovereign state – the state concerned signed by them), while the “admitted members” must comply with its legal obligations taken under

STRATEGIC IMPACT No. 1/2013 97 ANALYSES, SYNTHESES, EVALUATIONS the establishment act of the organization and to State which is at odds with the organization31. exercise specific rights as a Member State. Many of the establishment acts of the international Usually (whereas there may be cases when the organizations expressly provide for the unilateral binding character of the derived acts of the orga- withdrawal from the organization (NATO treaty, nization and the centralization of interpretation of FAO Constitution, ICAO Convention), and stipulate the establishment act by a body of the organization, precise terms (from one year to five years) whose typical cases for international integration organiza- duration varies depending on the organization tions), the international organization serves as a co- (noting that, in other cases, for example organizations operation forum for the Member States, as a place such as the IMF or IBRD, the withdrawal takes of permanent negotiation among them (while the or- effect immediately). The existence of an express ganization concerned does not lose its autonomous provision in the establishment act concerning the decisional character). In addition, the international unilateral withdrawal allows regulation of the organization may sanction28 Member States by de- legal consequences of the withdrawal but may also cision of its bodies, when states do not meet their reduce its exercise way by imposing an advance obligations arising from their membership. notice requirement32, allowing negotiation of the We can not overlook the issue of the loss of withdrawal, and even influence the state concerned membership (the causes producing such legal effect to waive its withdrawal. On the other hand, a are: voluntary withdrawal, exclusion, dissolution formal entry in the establishment act of the right of of the organization; disappearance of the Member withdrawal could present a risk of weakening and State). failure of the organization, and such an entry can As regards the voluntary withdrawal of a state be interpreted as encouraging states to leave the from an international organization, we should organization at any time. mention from the very beginning the diversity of An express condition for the withdrawal provisions contained in the establishment acts of to produce legal effects is the obligation of the international organizations (an aspect that is the Member State to notify its decision to the reflected in the controversies within the doctrine organization which it wishes to withdraw from33 on this issue). Thus, while a part of the doctrine (e.g., withdrawal of U.S. and other Western states considers that the right of withdrawal of states from ILO in 1977 and UNESCO in 1984), while from an international organization is absolute, be- the withdrawal does not stop the state concerned ing a form of manifestation of state sovereignty from subsequently reconsidering its decision and (hence, even when not expressly provided for in re-becoming a member of the organization, which the establishment act, the right of withdrawal exit withdrew from, at some point. ists, whereas it arises from the state sovereignty29), The doctrine approaches also the issue of another part of the doctrine claims (based on the practicing not expressly authorized withdrawal; legal regime of withdrawal of states from multilat- thus, under the law of treaties, it is admissible that eral treaties and considering the establishment acts the withdrawal is justified by the (multilateral) of the international organizations as multilateral nature of the treaty (in the preparatory proceedings treaties) that the withdrawal can take place only of the San Francisco Charter, the withdrawal seems when the goals of the organization concerned fun- to be regarded as an implicit right of the states). damentally change 30. In our opinion, considering Regarding the effects of withdrawal, for the past the capacity of secondary subject of international – the obligations previously arising persist, and for law of the international organization in relation the future – the state that withdraws will remain to states, the fact that the international organiza- bound by the treaty rules but customary in nature tions have not a sovereign nature as states, and also (for example, ban of the use of force in Article 2, the voluntary legal nature of such entities, based paragraph 4/ UN Charter34. on the free consent of states to become members Regarding the exclusion35 of a Member State thereof, and therefore their possibility to always from an international organization, as another leave the organization concerned, we agree with specific case of loss of the legal capacity of the first doctrinaire view. member of an international organization, it is seen Generally, the state can withdraw from the in the doctrine either as a sanction or as a measure organization following an initiative of the Member to protect the organization36.

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By exclusion, regardless of the perspective in matter if the consent of all members or only a which it is seen, the state loses the rights enjoyed part thereof was required for the dissolution of the while member of that organization and also, is not organization40). bound to fulfil its legal obligations assumed in We should also mention, however, other aspects relation to the organization any more. In practice, related to the legal relationship between Member there are not many cases of exclusion of states States and the international organization which from the international organizations37. they are part of. Thus, Member States have certain Exclusion may be expressly provided for legal obligations in relation to the organization in the establishment act of the international (having to comply, as members, with its decisions, organizations but there is no generally valid rule particularly with the secondary legislation issued of statutory requirements relating to the adoption by the bodies of that organization41. of the decision to exclude the State concerned. In As regards the Member States that do not some international organizations where decisions fulfil their obligations under the establishment are taken unanimously, such as the Arab League, act of the organization, various types of sanctions the State to which the exclusion procedure would may apply to them, ranging from suspending the apply has no right to vote, in most international voting rights of the states that have not paid their organizations the vote of 2/3 of the members is contributions (procedure applied by UN bodies needed for the adoption of the exclusion decision38. against Kampuchea in 1977) to excluding members There are also international organizations whose that have seriously violated certain provisions establishment acts do not expressly provide (e.g., violation of art. 3/ Statute of Council of exclusion of its members. In practice, however, Europe, protecting human rights and fundamental nothing stops Member States from putting freedoms, which led to the withdrawal of Greece pressure, individually or within the bodies of that threatened with expulsion from the organization in organization, in order to determine the unilateral 1969, before returning in 1971 within the Council and voluntary withdrawal of the State that no of Europe). longer meets the statutory requirements imposed In conclusion, we can say that despite the by membership39. inconsistent nature of the legal regime of the An establishment act that does not expressly international intergovernmental organizations provide for the exclusion of the members from the and doctrinal controversies regarding their organization may be amended at any time by the establishment, constituent elements, conditions Member States so as to include such a provision. of access / loss of membership, such legal entities In practice, the adoption by the General Assembly experience a great proliferation in the international of the organization of the proposal to amend the political environment at the beginning of this establishment act determined the State concerned century, showing both normative and institutional to withdraw from the organization before the character of the environment where states make ratification of the amendment by the Member decisions and act upon common objectives (when States (e.g., withdrawal from ILO of South Africa referring to the reasons for the establishment of the in 1961). In other cases, plenipotentiaries of some numerous international organizations). Member States were excluded from the bodies of that organization or deprived of their right to NOTES: vote within those bodies (case of South Africa and Portugal, whose plenipotentiaries were excluded 1�� Jean COMBACAU, Serge SUR, Droit internatio- from ITU Conference and UPU Congress in the nal public, Montchrestien, Paris, 1997, p. 694. 60s). 2�� Idem, p. 694. Loss of membership of an international 3�� Jean COMBACAU, Serge SUR, op.cit., p. 694 organization can also be triggered by the 4�� Such distinctive feature of the international organization is also adopted in the definition given by disappearance of the Member State (its Ph. CAHIER – Changements et continuité du droit disappearance as a subject of international law international. Cours general de droit international causes automatically the loss of membership of the public, Recueil des Cours, Académie de Droit organizations it used to be part of) or dissolution International, 1985, vol. 195 VI, Martinus Nijhoff, of the international organization as such (no 1992, p. 131.

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5�� Raluca MIGA-BEŞTELIU, Drept internaţional. order to decide “obligations of public interest” (in this Introducere în dreptul internaţional public (International sovereignist view, we would say, the author believes that law. Introduction to the public international law), states would exercise “immediately a kind of power, as Publishing House All-B, Bucharest, 1998, p. 119-120. holders of sovereignty, so that the establishment of the 6�� Raluca MIGA-BEŞTELIU, Organizaţii common good would be safe from any alienation”). See internaţionale interguvernamentale (International Suzanne BASTID, Place de la notion d’institution dans intergovernmental organisations), Publishing House une théorie générale des organisations internationales, All Beck, Bucharest, 2000, p. 10. For the purposes of in L’evolution du droit public, Etudes en l’honneur this article, which aims at exploring the notion of “inter- d’Achille Mestre, 1956, cited by René-Jean DUPUY, national intergovernmental organization”, the lack of a L’organisation internationale et l’expresion de la universally accepted definition within the international volonté générale, Extrait de la Révue Générale de Droit law on the international organizations is a good thing, International Public, octobre-decembre 1957, no. 4, because it implicitly excludes the disadvantage of a rig- Paris, Publishing House Pédone, 1958, p. 2. id and restrictive interpretation of it, which would have 11�� Richard GARDINER, International law, resulted in exclusion from this legal category of other University College London, Pearson and Longman, forms of association between states, which do not meet Pearson Education Limited, England, 2003, pp. 214- all the requirements of that definition. Therefore, we in- 215. terpret the multitude of definitions of the international 12�� Objectives that are different, for example, from organization in a positive sense, as aiming to enhance those of an international cooperation organization the possibility of taking various types of international with universal vocation (art. 1/ UN Charter): maintain organizations into account. international peace and security, develop friendly 7�� The element of free will of the international relations among nations, international cooperation, organization, more or less distinct from that of the the objective of becoming a centre for harmonizing Member States, also appears in the definition given by the actions of nations in the attainment of these Pierre GERBET, Les Organisations internationales, common ends. See also Ion RUSU, Organizaţii şi PUF, col. Que sais-je?, Paris, 1958, p 5. According relaţii internaţionale (International organisations and to this opinion, in order to be in the presence of an relations), Lumina Lex Publishing House, Bucharest, international intergovernmental organization, “there 2002, pp. 20-21. should be, between different human groups, a willingness 13�� Raluca MIGA-BEŞTELIU, Drept internaţional to cooperate regularly, inspired from the need to defend (International law), op.cit., p. 121; Alexandru against an external threat or through a community of BOLINTINEANU, Adrian NĂSTASE, Bogdan religious, ideological, and economic conceptions. Such AURESCU, Drept internaţional contemporan cooperation will should occur in a specific geographical (Contemporary international law), All Beck Publishing environment through the establishment of permanent House, 2000, p. 97. bodies, able to express a will of their own”. Permanence 14�� However, international organizations are not and free will are two distinctive features for Paul solely driven by representatives of states – its bodies are REUTER, as well, Institutions internationales, PUF, composed of other categories of people, as well (some Paris, ed. Maurice DUVERGER collection, 1963, pp. of them can be even parliamentarians appointed by an 193-194 (“only due to its free will, the international assembly). See Paul REUTER, op. cit., pp. 196-197. organization manages to differ from a confederation”, 15�� Grigore GEAMĂNU, op.cit., vol. II, p. 203, Jean “the international organization possesses own legal COMBACAU, Serge SUR, op. cit., p. 695. will, which is attributable to it”, according to the author, 16�� Raluca MIGA-BEŞTELIU, Organizaţii an will “that can occur validly only by following the internaţionale interguvernamentale (International rules that define the organization”. See also Grigore intergovernmental organisations), op.cit., p. 12. GEAMĂNU, Public International Law, Didactic and 17�� Raluca MIGA-BEŞTELIU, op.cit., pp. 52-67; Ion Pedagogic Publishing House, Bucharest, 1981, vol. II, M. ANGHEL, Subiecte de drept internaţional (Subjects p. 201. of international law), Lumina Lex, Bucharest, 2002, pp. 8�� Alexandru BOLINTINEANU, Adrian NĂSTASE, 395-400. Drept internaţional contemporan (Contemporary 18�� Usually, only states can be members of the international law), IRSI, Official Gazette, Bucharest, international organizations but, exceptionally, the 1995, p. 65. international organizations themselves can be members 9�� Mircea MALIŢA, cited from Grigore GEAMĂNU, as well. See Alexandru BOLINTINEANU et alii, op. cit., vol. II, pp. 201-202. op. cit., p. 101. Since the international organizations 10�� The purpose of the international organization have the capacity to conclude treaties, a “capacity is to “achieve a common good of all its members”. In that is necessary for them to exercise their functions this opinion, states are creators of the organization, in and to achieve their goals” (according to the Vienna

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Convention, 1986 on the law of Treaties between States is incident “to punish rejection by a Member State of the and international organizations), it is considered that ideals of the organization”. Thus, the Council of Europe entities other than states can participate as contracting called on this procedure against Greece in 1969 but parties and thus as members of an international the latter withdrew voluntarily. See Daniel VIGNES, organization, as well. See Daniel DORMOY, Droit des op.cit., pp. 77-78. organisations internationales, Dalloz, Paris, 1995, p. 38 ��In some cases, it was considered that it was better 25. that the State remained a member of the organization 19�� The international organization is “a very instead of being expelled, as a means to maintain important framework for cooperation between states in pressure from the international community on it and various fields”, according to Dumitru MAZILU, Drept make it to meet its legal obligations (case of South internaţional public (Public international law), Lumina Africa, Israel, Iraq, which were not excluded from Lex, Bucharest, vol. II, p. 210. the UN precisely for this reason). See Jean François 20�� See Pierre GERBET, op.cit., p. 37. GUILHAUDIS, op.cit., p. 192. 21�� Alexandru BOLINTINEANU et alii, op.cit., p. 39�� Raluca MIGA-BEŞTELIU, op.cit., p. 65. 101. 40�� Idem, pp. 66-67. 22�� Raluca MIGA-BEŞTELIU, op.cit., p. 54 ; 41�� Maxime LEFEBVRE, Le jeu du droit et de la Grigore GEAMĂNU, op.cit., vol. II, p. 205. puissance. Précis�� de relations internationales, PUF, 23�� Jean COMBACAU, Serge SUR, op.cit., p. 717. Paris, 2000, p. 106. 24�� See Daniel VIGNES, La participation aux organisations internationales, in Réné–Jean DUPUY, BIBLIOGRAPHY: Manuel sur les organisations internationales, Martinus Nijhoff Publishers, Dordrecht, Boston, Lancaster, 1988, 1. ANGHEL, Ion M., Subiecte de drept Académie de droit international de la Haye, Kluwer internaţional, Lumina Lex, Bucureşti, 2002. Academic Publishers Group, pp. 68-69. 25�� Aurel PREDA-MĂTĂSARU, Tratat de drept 2. BASTID, Suzanne, „Place de la notion internaţional public (Treaty of public international d’institution dans une théorie générale des law), Lumina Lex Publishing House, Bucharest, 2002, organisations internationales”, in L’evolution du pp. 291-292. droit public, Etudes en l’honneur d’Achille Mestre, 26�� Thus, in terms of membership of a state to the 1956, apud René-Jean DUPUY, „L’organisation UN, it must meet certain specific requirements of art. internationale et l’expresion de la volonté 4 of the Charter (to be a peace-loving state, to accept générale”, Extrait de la Révue Générale de Droit the obligations of the Charter, to be able and willing to International Public, octobre- decembre 1957, no. carry them out). The organization itself is the one that 4, Paris, Ed. Pédone,�� p. 2. has to ascertain the capability of the State wishing to 3. BOLINTINEANU, Alexandru; NĂSTASE, obtain UN membership, to meet the requirements laid down in the UN Charter. Adrian; AURESCU, Bogdan, Drept internaţional 27�� Raluca MIGA-BEŞTELIU, op.cit., p. 57. contemporan, Ed. All Beck, 2000. 28�� See Jean COMBACAU, Serge SUR, op.cit., p. 4. CAHIER, Ph., Changements et continuité 719. du droit international. Cours general de droit 29�� Jean Fran�ç��ois GUILHAUDIS, Relations international public, Recueil des Cours, Académie internationales contemporaines, LexisNexis, Paris, de Droit International, 1985, tome 195 VI, Martinus Litec, 2005, p. 192. Daniel VIGNES, op.cit., p. 75. Nijhoff. 30�� Raluca MIGA-BEŞTELIU, op.cit., p. 61. 5. COMBACAU, Jean; Sur, Serge, Droit 31�� Jean COMBACAU, Serge SUR, op.cit., p. 720. international public, Montchrestien, Paris, 1997. 32�� Daniel VIGNES, op.cit., p. 75. 6. DORMOY, Daniel, Droit des organisations 33�� Raluca MIGA-BEŞTELIU, Organizaţii internaţionale interguvernamentale (International internationales, Dalloz, Paris, 1995. intergovernmental organisations), op.cit., pp. 62-63. 7. GARDINER, Richard, International law, 34�� Jean COMBACAU, Serge SUR, op.cit., p. 720. University College London, Pearson and Longman, 35�� Daniel VIGNES, La participation aux Pearson Education Limited, England, 2003. organisations internationales, in Réné–Jean DUPUY, 8. GEAMĂNU, Grigore, Drept internaţional op.cit., p. 74. public, Ed. Didactică şi Pedagogică, Bucureşti, 36�� Raluca MIGA-BEŞTELIU, op.cit., p. 63. vol. II, 1981. 37�� The exclusion procedure appears in the 9. GERBET, Pierre, Les organisations establishment acts of some international organizations internationales, PUF, col. ��Que sais- je?, Paris, such as the Council of Europe or the Arab League, while

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1958. de drept internaţional public, Ed. Lumina�� Lex, 10. GUILHAUDIS, Jean François, Relations Bucureşti, 2002. internationales contemporaines, LexisNexis, 15. REUTER, Paul, Institutions Paris, Lite, 2005. internationales, PUF, Paris, coord. collection 11. LEFEBVRE, Maxime, Le jeu du droit et de Maurice Duverger, 1963. la puissance. Précis de relations internationales, 16. RUSU, Ion, Organizaţii şi relaţii PUF, Paris, 2000. internaţionale, Ed. Lumina�� Lex, Bucureşti, 2002. 12. MIGA-BEŞTELIU, Raluca, Drept 17. VIGNES, Daniel, La participation internaţional. Introducere în dreptul internaţional aux organisations internationales, in Réné public, Ed. All-B, Bucureşti, 1998. –Jean DUPUY, Manuel sur les organisations 13. MIGA-BEŞTELIU, Raluca, Organizaţii internationales, Martinus Nijhoff Publishers, internaţionale interguvernamentale, Ed. All�� Beck, Dordrecht, Boston, Lancaster, Académie de Bucureşti, 2000. droit international de la Haye, Kluwer Academic 14. PREDA-MĂTĂSARU, Aurel, Tratat Publishers Group, 1988, pp. 68-69.

102 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS THE 21ST CENTURY CHALLENGES AND COUNTERACTION WAYS: BIOLOGICAL WEAPONS AND MOLECULAR BIOLOGY RESEARCH

Lucia Elena IONESCU* Nicoleta Simona BICHERU**

The biological weapons are a real threat in processing, analysis (detection, identification and the contemporary period and are considered one confirmation) of biological agents (bacteria and of the main means of mass destruction, because viruses) by molecular biology techniques. of the seriousness disease that they can cause and Keywords: biological weapons; biological epidemic or pandemic extension. The medico- agents; molecular biology; viruses; bacteria. military scientific research in the domain of protection against biological weapons directs and Preliminary remarks coordinates the national effort in order to maintain the health of the forces, population, animals, plants The risk of bioterrorist attacks with biological and surrounding environment. weapons is at present a threat to national security Although pathogenic biological agents can of the world countries, both because of human and be used as biological weapons with destructive material damage produced by direct attack and effects, means of prevention, diagnosis and subsequent effects on economies and societies. treatment are insufficient. Therefore, measures It is important to make distinction between of counteraction should be taken that aimed bioterrorism and warfare biological agents, at improving preparedness and response to used for military purposes. Although biological bioterrorist attacks. Military Medical Research weapon or the means used to obtain it are similar, Centre (MMRC) has a permanent concern for fast objectives and mode of operation are different. implementation of rapid strategies allowing it the Therefore, the bioterrorist follow in the first place, development of effective diagnostic capabilities induction of panic and destabilization of economic, and response to potential threats with bioterrorist political and social life while military utilization of agents. It has the needed expertise to develop warfare military agents has aimed the incapacity working protocols for the collection, transport, or destruction of enemy military force1.

* Lucia Elena IONESCU, biologist researcher at Military Medical Research Centre, Bucharest, PhD student at University of Bucharest, Biology Department. E-mail: [email protected] ** Nicoleta Simona BICHERU, biologist researcher at Military Medical Research Centre, Bucharest, PhD student at University of Bucharest, Biology Departament. E-mail: [email protected]

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Biological weapons, although are prohibited International biological warfare prevention by international legislation (The Convention on can be achieved through commitments of states in Biological Weapons, 1972)2, represent a real danger this area, stipulated in international conventions: by the perspective of a biological war. Biological The Convention on the Prohibition of the Devel- weapons are a real threat in the contemporary period opment, Production and Stockpiling of Bacterio- and are considered one of the main means of mass logical (Biological) and Toxin Weapons and on destruction, due to the seriousness disease that they their Destruction6, 1972, usually referred to as can result and epidemic or pandemic extension3. the Biological Weapons Convention, abbreviation The scientific medico-military research in the area (BWC) or Biological and Toxin Weapons Conven- of the protection against biologic weapons should tion (BTWC), agreed by more than 180 countries, guide and coordinate the national effort in order to Chemical Weapons Convention (CWC, 1993)7 maintain health of the forces, population, animals, etc. plants and surrounding environment4. To succeed in the medical protection against The pathogenic biological agents that could biological weapons, preventive measures must be used as biological weapons are numerous, precede any event and public health authorities which leads to particular difficulties in developing should implement monitoring systems to protective measures and treatment. Whether it is by recognize a biological attack. The system must be bacteria or viruses, the effects are destructive, and fast, sensitive, specific and practical. To recognize the means of prevention, diagnosis and treatment unusual changes in the occurrence of the disease, are limited. In addition to this category, genetic there must be implemented supervision of the engineering techniques allow obtaining some epidemic and any variation must be followed germs with new qualities, not found in natural promptly by a direct examination of the facts that conditions (modified or hybridized) that may be generated the change. It is important to note that more dangerous in pathogenicity and resistance in the recognition of and preparation for a biological the external environment. attack is similar to that for an ordinary epidemic, It should be noted that some biological agents but surveillance, response and other resource have lethal and others have only debilitating effect, requirements, certainly, will be of great intensity. by removing the human from current activity for a A strong public health infrastructure capable period of time, which can vary from a few hours of epidemiological investigations and practical to a few weeks. It should also be pointed out that training programs are essential in preventing and there is possible simultaneous use of two or more controlling natural or intentional outbreaks. biological agents, in this case the pathogenic effects An example are U.S. policies that act as are potentiated and difficulty of intervention much both the military and civilian domains, through higher5. various forms of training of specialists for It is obvious that bioterrorist attacks are a real combating terrorism, such as during the “Medical threat at present. The manifestation of terrorism Management of Chemical and Biological Attacks has diversified and the range of global terrorism Victims” handed to U.S. Army Medical Research has spread. All this leads to the assertion that Institute of Infectious Diseases (USAMRIID)8 biological threat is a reality and accordingly should and U.S. Army Medical Research Institute of be strengthened measures to improve preparedness chemical defence (USAMRICD) that instructs and response to biological attacks which could approximately 560 military medical professionals occur as ways to counter it. The majority of the each year, biological and chemical defence. world countries, starting with major world powers, Through such courses, medical staff learned that began work improvement, equipment and training medical measures are effective against bacteria, and intensified financial effort to obtain necessary viruses and toxins that could be used as biological resources for fight against terrorism CBRN weapons against military and civilian communities. (Chemical, Biological, Radiological, and Nuclear). The importance of this education is high and it is Global threat represented by the use of biological hoped that specialized staff will acquire knowledge weapons by terrorist groups is relatively high and for defence against potential biological hazards. high infectious potential of biological agents can Specific capabilities of Medical Assistance cause devastating number of casualties. Directorate of the Ministry of National Defence are

104 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS important for health protection against weapons of resources for diagnosis, prevention, treatment mass destruction (WMD) and especially against and recovery of patients. Scientific research biological attacks. This always has the forces and in the medical and military protection against means for medical protection against chemical, biological weapons must guide and coordinate biological, radiobiology, nuclear (CBRN), the national effort to preserve the health of the diagnosis, prevention, treatment and recovery of troops, people, animals, plants and the surrounding injured: contagious disease departments, clinical environment11. laboratories, antiepidemic laboratories, Military The bioterrorism has been placed as in the Medical Research Centre (MMRC) etc9. context of public health measures focusing on defence in the form of prevention, monitoring and 1. Molecular biology techniques – part of ways diagnosis of their disease, and improve capability to counter biological weapons attacks response. Prevention, monitoring and response to bioterrorism should be supplemented by methods Bioterrorist attack is defined, according to of defence against possible threat scenarios. An the Centre for Diseases Control and Prevention effective defence requires setting priorities; sing up in Atlanta, USA (CDC), as the deliberate release real-time threat identification and implementation of viruses, bacteria or other germs, in order to of research agendas, detection and response to cause disease or death in humans, animals or counter them. plants. They can be found in nature, but can be In the category of military medical importance modified to increase capacity to cause infection, diseases can be classified infections caused by making them more resistant to current drug pathogenic microorganisms with increased risk for therapy or increasing the ability to be spread into civilians and military. In the event of an intentional the environment. Biological agents can be spread attack, rapid detection and response to biological through air, water or food and usually are difficult terrorism is essential. Public health authorities to identify. Classification criteria established led to must have a first efficient infrastructure to enable it the classification in three categories (according to to operate under special conditions. Knowledge of NATO & CDC)10. epidemiological measures, surveillance methods Category A – germs and/or toxins with high and diagnostic techniques to be applied are very risk (primary) or person to person transmission that important to identify and respond to an attack with can be easily disseminated in population: Bacillus biological agents known or unknown. Terrorists anthracis, Clostridium botulinum, Yersinia pestis, may use combinations of agents, can attack in one Variola major, Francisella tularensis, viral or more locations simultaneously, can use new hemorrhagic fevers (Ebola, Marburg), Lassa virus, agents that are not on the lists of bioterrorist agents. Machupo virus. It is therefore recommended that these lists always Category B – germs with medium transmis- be modified as information becomes available12. sion risk (secondary): Brucella sp., Epsilon toxin Intervention in case of bioterrorist attacks is an of Clostridium perfringens food security threats extremely complex process because it requires the (Salmonella sp., Escherichia coli O157:H7, Shig- involvement and communication of many people, ella sp.), Burkholderia mallei, Burkholderia pseu- interaction and correlation of different types of domallei, Chlamydia psittaci, Coxiella burnetii, activities. For best results in such situations, we Ricin toxin from Ricinus communis, Staphylococ- must put first measures to be taken to prevent and cus enterotoxin B sp., Rickettsia prowazekii, Ven- respond in real time to a possible biological attack. ezuelan equine encephalitis virus, Eastern equine That is why the training for these situations is very encephalitis virus / Western, water security Threats important. Epidemiological investigation in such (Vibrio cholerae, Cryptosporidium parvum). incidents is essential because it leads to the first Category C – germs with low-risk (tertiary): control measures of the situation. Diagnosis of can be any other pathogenic microbes (bacteria, infections, specific laboratory tests, pathogenesis, virus, fungus, parasite, etc.), Nipah virus, decontamination and treatment represent Hantavirus, etc. intervention measures in the case of bioterrorist Military medicine is the first line of defence attacks with biological weapons13. against biological weapons, with forces and specific

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2. Biological weapons and molecular biology 3. Molecular biology research for the diagnosis of bacterial and viral biological agents Because the range of pathogens used as biological agents is large, there are particular Laboratory diagnosis of biological agents by difficulties in developing diagnostic measures, molecular methods is a highly complex process protection and treatment. Ability of laboratories and requires specific analysis of microorganisms to identify and confirm the presence of biological genome. After isolation and identification, the threat agents has improved significantly in recent organism can be characterized as regards of decades, methods evolved from the classical ones, virulence markers, antibacterial and antiviral which are done only in reference laboratories, to susceptibility, antigenic properties etc. Today, the the last generation, that can be achieved under availability of a wide range of immunological field. reagents and the development of molecular Since bioterrorist threats are increasingly biology techniques, allows faster and more specific present throughout the world, we should have a diagnosis. The main methods of molecular analysis modern diagnostic and identification system, al- are represented by Polymerase Chain Reaction lowing us to interfere effectively in crisis situa- – PCR, multiplex PCR, reverse transcription PCR, tions. Thus, the new immunodiagnostic methods sequencing of nucleic acids and Real Time PCR. and the molecular analysis of the genes are used Current trends in modern diagnosis of today to detect a broad spectrum of biological biological agents made that the Military Medical markers to achieve a fast and accurate diagnosis of Research Centre have a permanent concern for a large number of biological agents. the implementation of some rapid molecular The combination of several diagnostic methods detection strategies to allow efficient development provides safety and confidence in laboratory results, of diagnostic capabilities and respond to potential which can guide treatment or following an attack threats with bioterrorism agents. Therefore, response. On the other hand, cooperation between endowment with laboratory modern devices allowed military and civilian medical services is essential the development of specific working protocols for in order to optimize diagnostic technologies, achieving collection, transport, processing, analysis but also to interfere in real time in the case a and identification of microorganisms (bacteria and biological weapon threats. Response team should viruses) by molecular biology. include experts from many fields (epidemiology, microbiology, medicine, etc.) and have at least the 3.1. Identification of viral biological agents by equipment and reagents to enable identification molecular biology analyses of microorganisms encountered first, to assess the Tick Borne encephalitis virus – TBEv sensitivity of bacteria to antibiotics and to be able Tick encephalitis is an infection caused by an make a screening for viral infections14. arbovirus belonging to the family Flaviviridae, Fast and reliable diagnosis, such as molecular genus Flavivirus. Tick borne encephalitis virus epidemiology for identifying the strain, in other is transmitted through the bite of infected ticks words the source of contamination, can be made or by milk and dairy products consumption only by molecular biology. Molecular biology from viremic animals. Arthropod vector is the techniques are currently used to characterize Ixodes ricinus ticks. In Romania are reported viral and bacterial isolates in microbiological neuroinvazive infections caused by this virus with laboratory diagnosis and research, but also in sporadic outbreaks especially in rural areas from medical protection against bioterrorism agents. In Transylvania. Tick borne encephalitis virus is cases in which incriminated pathogens are listed involved in neurological infections with varying as biological agents, it is necessary to involve degree of severity. Laboratory diagnosis is made military medicine for specific expertise, in order by detection of IgM/IgG specific antibodies or to distinguish between a natural outbreak of a viral nucleic acid in serum and cerebrospinal fluid biological attack, especially since in recent years samples from infected person. such situations were found in several countries, TBE virus identification is made by isolation creating the concept of bioterrorism15. from vectors Ixodes ricinus that represent the natural reservoir of the virus. We are demonstrating

106 STRATEGIC IMPACT No. 1/2013 ANALYSES, SYNTHESES, EVALUATIONS the presence of TBE virus in Ixodes ricinus ticks by fluid. West Nile virus identification is achieved by molecular biology methods: reverse transcription reverstranscription PCR, sequencing, Real Time PCR combined with nested PCR, sequencing, Real PCR, antigen detection tests, immunohistochemical Time PCR. methods. Viral isolates obtained from ticks collected from The optimization of molecular methods used for goats in households of people diagnosed with the the detection, identification and characterization of tick encephalitis in Brateiu / Sibiu (1999) outbreak West Nile virus strains circulating in Romania were and TBE Hypr Central European reference strain performed on reference strain West Nile Egypt 101. from Reference Centre in Bratislava, were tested We are obtained a 408pb specific fragment forWest by molecular methods. We have demonstrated Nile virus genome. By sequencing of the region the presence of TBE virus by obtaining a 178 have completed work methodology for molecular bp (base pairs) DNA fragment corresponding to identification of West Nile18 virus. Collaboration 5’noncodant region of tick borne encephalitis RNA with the Laboratory of Vector-Borne Infections virus genome. By sequencing of this fragment, we and Medical Entomology – “Cantacuzino” completed the work methodology for molecular National Institute of Research and Development identification of tick borne encephalitis virus. for Microbiology and Immunology – led to the Collaboration with the Laboratory of Vector- identification of West Nile virus by Real Time RT- Borne Infections and Medical Entomology – PCR. “Cantacuzino” National Institute of Research and Development for Microbiology and Immunology – 3.2. Identification of bacterial biological led to the identification of TBE virus byReal Time agents by molecular biology analyzes PCR technique for samples analyzed and proved Bacteria are biological agents that can be easily accuracy of serologic diagnosis in the outbreak of multiplied, stored, conditioned as weapons and 1999 for human infections16. disseminated. West Nile virus (WNv) Bacillus anthracis is one of the favourite Fever / West Nile encephalitis is one of the species of microorganisms for biological attacks most widespread disease caused by an arbovirus, and bioterrorism, by the side of other biological which belongs to the family Flaviviridae, genus agents identified as being a potential threat. Flavivirus. The virus has an RNA genome type, Bacillus anthracis is a virulent, toxygene and spor- containing nearly 11,000 nucleotides. Main forming bacteria. Because has it high resistance in transmission cycle of West Nile virus is mosquito the environment and can be multiplied easily, it is – bird – mosquito. Human is an accidental or a preferred microorganism for use as bioterrorist tangential host. It is transmitted to humans by agents. mosquitoes, particularly Culex genus. The contamination with Bacillus anthracis The main natural reservoir of the virus is the produces anthrax, infectious disease common migratory birds. West Nile virus circulation in our to several species of animals, transmissible to country has been reported since the early 1966 - humans, characterized clinically by evolving 1967 by detection of specific antibodies in migratory acute fever, circulatory and digestive disorders, birds coming from Africa in the Danube Delta. In followed by death. Bacillus anthracis has a DNA 1996, an outbreak was registered in Bucharest and genome type, consisting of two plasmids, pXO1 the Danube Plain, with 500 clinical cases and a and pXO2. PXO1 plasmid carrying the toxin and mortality rate of approximately 10%17. encoding genes that produce secreted exotoxin. The subclinical or asymptomatic manifestation PXO2 is the smallest plasmid bearing capsule and of infection requires performing laboratory encodes 3 genes (capB, capA, capC) involved in diagnosis because clinical signs of infection are poliglutaminic capsule synthesis. Modern methods nonspecific. Serological tests remain the main of identification and characterization of bacteria methods of diagnosis of infection with West Nile compared to the conventional methods, presents virus. Standard serological test is neutralization the advantage of a quick diagnosis more sensitive reaction plate, which is used both to confirm and specific. infection and to assess neutralizing antibody Molecular study methods used to identify specific toWest Nile virus in serum or cerebrospinal Bacillus anthracis agent targeting fragments

STRATEGIC IMPACT No. 1/2013 107 ANALYSES, SYNTHESES, EVALUATIONS of genes encoding capsule and toxin synthesis. processing, analysis and identification of biological Laboratory diagnosis is made by detection of agents (bacteria and viruses) by molecular specific antibodies (IgM / IgG) or bacterial nucleic biology laboratory and field conditions. MMRC acid (DNA) in serum, cerebrospinal fluid, bacterial is involved in health protection measures against culture, tissue or other biological samples. Rapid biological weapons by research tasks and the identification of Bacillus anthracis strains was medical-military attributions with fixed laboratory performed by methods of molecular biology: (at the base), with laboratory and field deployable PCR – Polymerase Chain Reaction (the fragment (mobile intervention biological team), the order of obtained has 596 base pairs corresponding to the the General Staff or the Medical Department or any region pag – gene encoding the protective antigen Foreign Theatre of Operations in the Alliance. – PA63, component of toxin)19, sequencing and real time PCR. Collaboration with the Laboratory of NOTES: Vector-Borne Infections and Medical Entomology – “Cantacuzino” National Institute of Research and The studies and experiments have been con- Development for Microbiology and Immunology, ducted in the context of applied research projects led to the identification of Bacillus anthracis funded by the Ministry of National Defence, carried strains by Real Time PCR20 methods. out during the last years at Military Medical Re- Molecular analysis methods and operating search Centre, whose Director is Major Gen. (ret) procedures, adapted and implemented by our Victor VOICU, MD PhD Prof. Senior Researcher, team in medical-military activity of biological Fellow of Romanian Academy, with a team coor- agents in analytical laboratory can be applied to dinated by Col. (ret) MD PhD Viorel ORDEANU, any biological agent (using commercial kit and Senior Researcher, that includes MD Vet. PhD appropriate reagents) to identify and confirm Marius NECŞULESCU, Senior Researcher, Bi- them. ologist Researcher Lucia Elena IONESCU, PhD student, Biologist Researcher Nicoleta Simona Conclusions BICHERU, PhD student, Biologist Researcher Diana Mihaela POPESCU, PhD student and Bi- The main ways to counter possible attacks with ologist Gabriela Victoria DUMITRESCU, PhD biological weapons are: improving the preparation, student, in collaboration with “Cantacuzino” Na- monitoring and response, endowment with specific tional Institute of Research and Development for systems for fighting against bioterrorism, increased Microbiology and Immunology, Biologist PhD Al- laboratory capacity to identify a biological exandru Vladimirescu, Senior Researcher. agent and to deal with crisis situations. Medical protection against biological weapons is a priority 1 Adrian�� Mircea BACIU, Bioterorism arme biologice task for military medicine and the health system in şi structurile de aplicare a legii, 2009, p. 17. Romania. 2�� The Convention on Biological Weapons (1972), Military Medicine is in the first line of defence http://www.unidir.org/bdd/fiche-ouvrage .php ?ref_ ouvrage=1-85521-235-8-en against biological weapons with forces and specific 3�� Viorel ORDEANU (coordonator), Nicoleta resources for diagnosis, prevention, treatment and Simona BICHERU, Victoria Gabriela DUMITRESCU, recovery of patients. Identifying and responding Lucia Elena IONESCU, Marius NECŞULESCU, to an attack with biological agents, known or Viorel ORDEANU, Diana Mihaela POPESCU, unknown, involves knowing epidemiological Protecţia medicală contra armelor biologice (manual measures, methods for monitoring and diagnostic pentru pregătire postuniversitară), Bucureşti, Centrul de techniques that to be applied. Cercetări Ştiinţifice Medico-Militare, 2012, pp. 60-65; The Military Medical Research Centre 217-229. implemented rapid molecular detection strategies 4�� Diana Mihaela POPESCU, Lucia Elena that have allowed the development of effective IONESCU, Simona BICHERU, Aurora ALEXSE, Marius NECŞULESCU, Viorel ORDEANU, Cristian diagnostic capabilities and respond to potential NICOLAE, “Research of molecular biology for the threats to biological agents. Laboratory facilities diagnosis of some viral and bacterial biological agents- with modern equipment allowed the development biological weapons”, Strategic Impact, no. 2(19)/2006, of protocols for achieving the collection, transport, Bucureşti, Editura Universităţii Naţionale de Apărare

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„Carol I”, pp. 81-87. diagnosis of some viral and bacterial biological agents- 5�� Marius NECŞULESCU, Bioterorismul în biological weapons”, in Strategic Impact, 2(19), 2006, Contextul Politico-Militar Naţional (Lucrare de pp. 81-87. Disertaţie) Bucureşti, Universitatea Naţională de 16�� Lucia Elena IONESCU, Alexandru Apărare “Carol I”, Departamentul Operaţii Întrunite, VLADIMIRESCU, Aurora ALEXSE, Gabriela Studii Strategice şi de Securitate, Masterat Securitate DUMITRESCU, Simona BICHERU, Diana POPESCU, Naţională şi Comunicare Publică, 2011, p. 26. Marius NECŞULESCU, Viorel ORDEANU, 6�� Monitorul Oficial, no. 57.07/07/1979. “Identificarea prin analiză moleculară a virusului 7 Chemical Weapons Convention (1993). encefalitei de căpuşă”, in Revista de Medicină Militară, 8�� http://www.usamriid.army.mil/education/index. no. CXIV (1)/2011, pp. 13-17. cfm 17�� Elvira Sînziana CIUFECU, Virusologie Medicală, 9�� Marius NECŞULESCU, Bioterorismul în Editura Medicală Naţională, 2003, pp. 510-515. Contextul Politico-Militar Naţional (Lucrare de 18�� Simona BICHERU, Marius NECSULESCU, Disertaţie) Bucureşti, Universitatea Naţională de Aurora ALEXSE, Diana POPESCU, Lucia Ionescu, Apărare “Carol I”, Departamentul Operaţii Întrunite, ALEXANDRU VLADIMIRESCU, Gabriela Studii Strategice şi de Securitate, Masterat Securitate DUMITRESCU, “Identificarea moleculara a virusului Naţională şi Comunicare Publică, 2011, pp. 56-58. West Nile prin RT-PCR si secventiere”, in Revista 10 Emergency Preparedness & Response Specific Română de Medicină Veterinară, 17, (3)/2007, pp. 83 Hazards Bioterrorism diponibil la http://emergency. – 92. cdc.gov; Viorel ORDEANU (coordonator), Nicoleta 19�� Simona BICHERU, Marius NECŞULESCU, Simona BICHERU, Victoria Gabriela DUMITRESCU, Diana POPESCU, Lucia IONESCU, Viorel ORDEANU, Lucia Elena IONESCU, Marius NECŞULESCU, Viorel Angela POSTOARCA, “Identificarea unor tulpini de ORDEANU, Diana Mihaela POPESCU, Protecţia Bacillus anthracis prin tehnici moleculare” in Revista medicală contra armelor biologice - vademecum, Română de Medicină Veterinară, no. 18 (2)/2008, pp. Bucureşti, Centrul de Cercetări Ştiinţifice Medico- 52-60. Militare, 2012, p. 8. 20�� Simona BICHERU, Marius NECSULESCU, 11�� Diana Mihaela POPESCU, Lucia Elena Alexandru VLADIMIRESCU, Cornelia LUPESCU, IONESCU, Simona BICHERU, Aurora ALEXSE, Diana Popescu, Viorel OREANU, Gabriela Marius NECSULESCU, Viorel ORDEANU, Cristian DUMITRESCU, “Identificarea unor tulpini de Bacillus NICOLAE, “Cercetarea în biologia moleculară pentru anthracis prin tehnica Real Time PCR”, în Revista de diagnosticarea unor agenţi virali şi bacteriologici/arme Medicină Militară, no. CXIV (3)/2011 pp. 55-60. biologice”, in Securitatea şi Apărarea Spaţiului Sud-Est European în contextual transformărilor de la începutul BIBLIOGRAPHY: mileniului III, Secţiunea 10 Management şi Educaţie, Vol. 1 Management Educaţional, 2006, Bucureşti, 1. ***, Biological and Chemical Terrorism: Editura Universităţii de Apărare „Carol I”, pp. 714- Strategic Plan for Preparedness and Response. 725. Recommendations of the CDC Strategic Planning 12�� Centres for Disease Control and Prevention. Biological and Chemical Terrorism: Strategic Plan for Workgroup, Centers for Disease Control and Preparedness and Response. Recommendations of the Prevention, MMWR 2000; 49 (No. RR-4). CDC Strategic Planning Workgroup. MMWR 2000; 49 2. ***, Emergency Preparedness & Response (No. RR-4). Specific Hazards Bioterrorism, http://emergency. 13�� Marius NECŞULESCU, Bioterorismul în cdc.gov Contextul Politico-Militar Naţional (Lucrare de 3. BACIU, Adrian Mircea, Bioterorism arme Disertaţie) Bucureşti, Universitatea Naţională de biologice şi structurile de aplicare a legii, Pro Apărare “Carol I“, Departamentul Operaţii Întrunite, Universitaria, 2009. Studii Strategice şi de Securitate, Masterat Securitate 4. BICHERU, Simona; NECŞULESCU, Naţională şi Comunicare Publică, 2011, pp. 56-67. 14�� Erik A. HENCHAL; George V. LUDWIG; Chris Marius; ALEXSE, Aurora; POPESCU, Diana; A.WHITEHOUSE; John M. SCHERER; ��“Laboratory�� IONESCU, Lucia; VLADIMIRESCU, Alexandru; Identification of Biological Threats” inMedical aspects DUMITRESCU, Gabriela, “Identificarea of Biological Warfare, 2007. moleculară a virusului West Nile prin RT-PCR 15�� Diana Mihaela POPESCU; Lucia Elena şi secvenţiere”, in Revista Română de Medicină IONESCU; Simona BICHERU; Aurora ALEXSE; Veterinară, no. 17, (3)/2007. Marius NECSULESCU; Viorel ORDEANU; Cristian 5. BICHERU, Simona; NECŞULESCU, NICOLAE, “Research of molecular biology for the Marius; POPESCU, Diana; IONESCU, Lucia;

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ORDEANU, Viorel; POŞTOARCĂ, Angela, Victoria Gabriela; IONESCU, Lucia Elena; “Identificarea unor tulpini de Bacillus anthracis NECŞULESCU, Marius; ORDEANU, Viorel; prin tehnici moleculare” in Revista Română de POPESCU, Diana Mihaela, Protecţia medicală Medicină Veterinară, no. 18 (2)/2008. contra armelor biologice - vademecum, Bucureşti, 6. BICHERU, Simona; NECŞULESCU, Centrul de Cercetări Ştiinţifice Medico-Militare, Marius; VLADIMIRESCU, Alexandru; 2012. LUPESCU, Cornelia; POPESCU, Diana; 14. ORDEANU, Viorel (coordonator); ORDEANU, Viorel; DUMITRESCU, Gabriela, BICHERU, Nicoleta Simona; DUMITRESCU, “Identificarea unor tulpini de Bacillus anthracis Victoria Gabriela; IONESCU, Lucia Elena; prin tehnica Real Time PCR”, in Revista de NECŞULESCU, Marius; ORDEANU, Viorel; Medicină Militară, no. ��CXIV (3)/2011. POPESCU, Diana Mihaela, Protecţia medicală 7. CHYBA, F. Cristopher; GRENINGER, contra armelor biologice (manual pentru pregătire L. Alex, Biotechnology and Bioterrorism: An postuniversitară), Bucureşti, Centrul de Cercetări Unprecendented World, Survival, vol. 26, no. 2, Ştiinţifice Medico-Militare, 2012. Summer 2004. 15. POPESCU, Diana Mihaela; IONESCU, 8. CIUFECU, Elvira Sînziana, Virusologie Lucia Elena; BICHERU, Simona; ALEXSE, Medicală, Editura Medicală Naţională, 2003. Aurora; NECSULESCU, Marius; ORDEANU, 9. Convenţia cu privire la interzicerea Viorel; NICOLAE, Cristian, “Research of perfecţionării, producţiei şi stocării armelor molecular biology for the diagnosis of some bacteriologice (biologice) şi cu toxine şi viral and bacterial biological agents-biological la distrugerea lor, Monitorul Oficial, nr. weapons”, in Strategic Impact, 2(19), 2006. 57.07/07/1979. 16. POPESCU, Diana Mihaela; IONESCU, 10. HENCHAL, A. Erik; LUDWIG, V. Lucia Elena: BICHERU, Simona; ALEXSE, George; WHITEHOUSE, A. Chris; SCHERER, Aurora; NECŞULESCU, Marius; ORDEANU M. John; “Laboratory Identification of Biological Viorel; NICOLAE Cristian, “Cercetarea în Threats” in Medical aspects of Biological Warfare, biologia moleculară pentru diagnosticarea unor 2007. agenţi virali şi bacteriologici/arme biologice”, 11. IONESCU, Lucia Elena; in Securitatea şi Apărarea Spaţiului Sud-Est VLADIMIRESCU, Alexandru; ALEXSE, Aurora; European în contextual transformărilor de la DUMITRESCU, Gabriela; BICHERU, Simona; începutul mileniului III, Secţiunea 10 Management POPESCU, Diana; NECŞULESCU, Marius; şi Educaţie, Vol. 1 Management Educaţional, 2006, ORDEANU, Viorel, “Identificarea prin analiză Bucureşti, Editura Universităţii de Apărare „Carol moleculară a virusului encefalitei de căpuşă”, in I”. Revista de Medicină Militară, no. CXIV (1)/2011. 17. POPESCU, Diana Mihaela; IONESCU, 12. NECŞULESCU, Marius, Bioterorismul Lucia Elena; BICHERU, Simona; ALEXSE, în Contextul Politico-Militar Naţional (Lucrare Aurora; NECŞULESCU, Marius; ORDEANU, de Disertaţie) Bucureşti, Universitatea Naţională Viorel; NICOLAE, Cristian, “Research of de Apărare „Carol I”, Departamentul Operaţii molecular biology for the diagnosis of some Întrunite, Studii Strategice şi de Securitate, viral and bacterial biological agents-biological Masterat Securitate Naţională şi Comunicare weapons”, in Strategic Impact, no. 2(19)/2006, Publică, 2011. Bucureşti, Editura Universităţii Naţionale de 13. ORDEANU, Viorel (coordonator); Apărare “Carol I”, pp. 81-87. BICHERU, Nicoleta Simona; DUMITRESCU, 18. Chemical Weapons Convention (1993).

110 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW THE CONFLICT OF VALUES IN THE MUSLIM WORLD AND ITS IMPACT UPON SECURITY

Iulian CHIFU, PhD*

Nowadays world is being confronted with a 1. The Salman Rushdie Case: Launching real conflict of values on one side between the the Debate in the Conflict of Values extreme freedom of expression and tolerance for alternative point of view, and on the other side It is obvious that, in the current state of values like cohabitation, respect, common sense, globalization, values, rights and behaviours that self censorship, political correctness, civilization we cherish in the Western society can be in conflict and, once again, tolerance. When exaggerated with those promoted by any other type of society. liberty provokes violence and death, unrests and The most debated situation in the past years is that societal clashes of civilizations, the conflict of in which religious beliefs or of a group of persons values becomes more and more important and comes in conflict and even brings offence to that of basic values of democracy and human rights, another person or group of persons. minorities and religious rights are at stake. The first case to make headlines and open the The current analysis brings forward concrete debate, which is still valid now, is “The Satanic cases, such as Salmon Rushdie, the caricatures Verses” novel of Salman Rushdie. This is the most published in “Jyllands-Posten” newspaper, of famous case when the limits of free speech were at burning the Koran and the film “Innocence of stake and multiculturalism was used for imposing the Muslims” that re-launched the debate in the limits to challenges of the free spirit in the name Western capitals about the perspectives of the of social cohesion and unity, political correctness multiculturalism and tolerance in Western societies and respect for the sensitivities of a community and how much the liberal democratic values can of believers. Ultimately, this led to phenomenon accept being influenced by the interference with of self-censorship that is affecting the Liberal the Islam and its sensibilities especially when it is structure of the democratic society and is asserting about free speech, free choice and expression, but tolerance and civilization as values against free also very specifically about the artistic presentation speech and. The whole process touches upon the of the Prophet. basic substance of the Liberal democratic society. Keywords: multiculturalism; freedom of The conflict of values enshrines several speech; self censorship; political correctness; components in the debate. On one side, we could radicalization; violence. list multiculturalism – in the sense of a society,

* Iulian CHIFU, PhD associate professor is presidential councilor with the Romanian Presidency for Strategic Affairs, Security and Foreign Policy, associated professor at the National School of Political and Administrative Studies, Bucharest and “Titu Maiorescu” University in Bucharest, Romania. E-mail: [email protected]

STRATEGIC IMPACT No. 1/2013 111 POINTS OF VIEW which respects the diversity by avoiding to After nine years in hiding, the Iranian challenge it through the limitation of reactions to government declared in 1998 that it was distancing ethnocentric views and segregate behaviour. This itself from the reward offered for the killing of behaviour occurs within closed groups that refuse Rushdie1. Since 2000, Rushdie has lived in New integration and to accept responsibility for the York, and in 2007 he began a five-year term colonial era, being intolerant towards co-citizens in Emory University in Atlanta, Georgia, as a with other faiths and ways of life. distinguished writer in residence. Rushdie was Basically, we are talking about the power of the knighted in 2007 – a move which was criticised liberal society to define itself, and its free spirit by the Iranian government, Pakistan’s parliament and diverse ideas or one that accepts to be defined and al-Qaeda2. by the others and condemns to death the thinkers, The Rushdie affair is, however, an original issue reacting with violence to art and controversial used for domestic affairs in Iran. A power struggle creations. Tolerance and accepting diversity is a between moderates and conservatives in Iran led common set of values for both groups, so there is a to the extremist reactions that put at stake the free ground for building a solution to this controversy. speech limits in a democracy. It is becoming like ritual in Iran that every year on the anniversary From a Surreal Novel to a Theological of the fatwa the conservatives reiterate the death Debate sentence against Salman Rushdie should warn In 1988, the British-Indian author Salman their moderate rivals against any compromise. Rushdie published his fourth novel, “The Satanic Therefore, it is no surprise that Ayatollah Hassan Verses”. The book charts the adventures of two Sanei, the leader of the religious foundation that Indian actors, Gibreel and Saladin, who fall to earth offered the original reward for killing Mr Rushdie, in Britain when their Air India jet explodes. Some stated that the offer still stands3. of the adventures in the book feature a character “As long as the exalted Imam Khomeini’s based on the prophet Muhammad, which shows historical fatwa against apostate Rushdie is not both him and his transcription of the Koran in a carried out, it won’t be the last insult. If the fatwa light that drew criticism from Muslim leaders. The had been carried out, later insults in the form of book includes a dream sequence with prostitutes caricature, articles and films that have continued impersonating the wives of Mohammed. It also would have not happened,”4 the paper quoted refers to Mohammed as Mahound, a demon in Saneii. Iran’s hardliners say Khomeini’s fatwa is Christian morality plays. “irrevocable”. The story was an allegory and a surreal novel But what is different this time is the fact that the rather than a theological approach or interpretation government of the reformist President, Mohammad that would deserve reactions. However, the taste Khatami, for the first time publicly committed or limits of the exploration of the human mind himself to do nothing to carry out the death threat caused reactions and people should discuss it. and distanced himself from the reward. But the condemnation of a writer for its lack of The conservatives are opposing President respect or nonconformism should not lead to his Khatami’s efforts to improve relations with the condemnation to death. West and with the United Kingdom in particular. Mr. Rushdie’s book, which was first banned in They know that the West is sensitive about the India, in the fall of 1988, and prompted riots in fate of Mr. Rushdie and they deliberately insist Pakistan in early 1989 just before coming under on implementing the fatwa in order to thwart Mr Ayatollah Khomeini’s edict, shocked Muslims in Khatami’s efforts. The origin of the story can be many countries. Accusations of blasphemy and said to be use of some Iranian political party made demonstrations by Islamist groups in Pakistan and of Rushdie story for internal purposes, a country India took place. that had nothing to do with story. On 14th February 1989, the orthodox Iranian The Iranian Foreign Minister publicly divorced leader Khomeini officially condemned the book. his Government from the death threat imposed Khomeini issued a fatwa against the author and a on the British author Salman Rushdie in 1989 bounty was offered to anyone who would execute by Ayatollah Ruhollah Khomeini, and Britain him. responded by restoring full diplomatic relations.

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«The Government of the Islamic Republic of Islamic seminary in the north Indian state of Uttar Iran has no intention, nor is it going to take any Pradesh, caused a stir by declaring that the Indian action whatsoever, to threaten the life of the author government should have denied a visa to Rushdie, of “The Satanic Verses” or anybody associated who, because of his depiction of the Prophet in his with his work, nor will it encourage or assist novel “The Satanic Verses”, was “a person whom anybody to do so,»5 the Iranian Foreign Minister, the Muslims of the world hate”.8 Kamal Kharrazi, said in a statement. Mr. Kharrazi’s Uttar Pradesh, India’s largest state was ready remarks followed comments made in New York by to go to the polls in April this year. It is home Iran’s President, Mohammad Khatami, who told to a substantial chunk of India’s 160 million reporters that the Rushdie affair was “completely Muslims, a bloc being courted by all the major finished”. parties of the state. In that context, Rushdie was But it didn’t last. “The Satanic Verses” story banned from the festival through the interdiction has a sustainable effect and is coming back each of reading from its novel. This is not new, since time a similar issue appears in the media. This was in 1988, after demonstrations against “The Satanic the case of the film “Innocence of the Muslims”. Verses” by Indian Muslims, the government A semi-official religious foundation in Iran has banned importations of the book adding that “the increased the reward it had offered for the killing ban did not detract from the literary and artistic of British author Salman Rushdie to $3.3 million merit of Rushdie’s work”9. India is one of the (from $2.8 million) days after protests coursed very few countries in the world where the ban through the Muslim world over alleged insults stands, placing it alongside Egypt, Pakistan, Iran, to the Prophet Muhammad. Hardline Jomhoori Malaysia, Liberia and Papua New Guinea, among Eslami daily and other newspapers6 reported that others. the move appeared to be linked to protests over an The situation was even more visible when amateur anti-Islam film, which crowds in some 20 four writers present at the festival decided to use countries said drove them to defend their faith – in their time to read aloud passages of “The Satanic some cases by attacking American embassies. Verses”, as a gesture of protest at Rushdie’s de facto exclusion. The news spread fast and within Self censorship and political correctness still minutes it was being broadcasted all over the continues in Rushdie’s affair world by the massive press contingent present at The terror of Ayatollah Khomeini’s fatwa the festival. has faded, but the challenge it posed to artistic Sir Salman Rushdie has said he does not think freedom has not. Indian authorities have shown his 1988 novel “The Satanic Verses” would be that “The Satanic Verses” ban is still valid in India. published today because of a climate of “fear and Religious sectarians and cynical politicians were nervousness”. “A book which was critical of Islam once again using Rushdie’s novel for political would be difficult to be published now”. Salman reasons, in order to whip the faithful into line. In Rushdie said writers were still being attacked for January 2011, the affair was also used for electoral their works in Muslim countries including Turkey, purposes. Although Rushdie had visited India Egypt, Algeria and Iran. many times since 1989 without incident, Muslim “If you look at the way in which free expression leaders saw a chance to create a controversy and is being attacked by religious extremism, the things told the festival organisers that they must not allow of which these people are accused is always the “an enemy of Islam”7 to speak. same – it’s blasphemy, heresy, insult, offence – it In the city of Jaipur in India, the country of is this medieval vocabulary. We are in a difficult Salman Rushdie’s birth, the author of “The Satanic place because there is a lot of fear and nervousness Verses” was one of more than 250 writers from around”.10 around the world who had agreed to speak at the The debate launched by Rushdie and the Indian Jaipur Literary Festival, the largest such gathering episode were constituted around the sustainability in South Asia, and probably the most eagerly of “The Satanic Verses” affairs, once the first steps awaited. But a few days before the festival was to of the controversy were launched. Both moments begin on Jan. 20, Maulana Abul Qasim Nomani, a – the issue of the fatwa and the reaction of Indian cleric at the Darul Uloom Deoband, a prominent officials – are linked to the political and electoral

STRATEGIC IMPACT No. 1/2013 113 POINTS OF VIEW moments and rational, but proved to create serious to withdraw the book from all the bookshops in emotional reaction, extreme violence and religious the area. Wise idea? Self censorship? Respect driven criticism of a “war against the Islam”. This for the susceptibilities of a community? The was based on frustration and the sense of oppressed understanding of multiculturalism by the respect that Muslims had as a follow-up of the colonial for the sensibilities of that community? We never period. know, the fact is that, on the same day, Muslim These emotions were very carefully used and leaders demanded Islamic law for family matters. channelled in order to give advantages to the The British authorities demonstrated that they politicians involved in their domestic disputes and would abandon liberal values for the false promise international search for legitimacy. Radical political of a quiet life. That decision has resulted, according Islam took the best of the episode and succeeded to a lot of liberal sources in UK, in a situation where even in creating a policy of fear of the West11. British citizens blow themselves up on buses and This policy of fear was doubled in the West by the subways and plot to take down passenger jets12. same feelings and the announcement by three of James Forsyth, but also many others, believed that the major European leaders that multiculturalism the signal given by tolerating the burning of Salman has failed – James Cameron, Angela Merkel and Rushdie’s books on the streets of Bradford and the Nicolas Sarkozy. retreat of the books from bookshops was a first Was self censorship and political correctness step towards loosing control over the development of the multicultural approach a good response of home grown terrorists. UK participation in the to the need for cohabitation and observing the Iraq war and domestic inequality were not enough sensibilities of the Islamic community of the to ignite and let develop some 70 terror plots in world? Is it “civilized” to avoid controversies for Great Britain, that found itself in the situation of the sake of respecting sensibilities of the others? being forced to deal with attacks in the very core Or is it this a way of altering and giving up the of London. basic values of the liberal democracy that forged A direct link could not be made and, for sure, modernity? there is a kind of excessive logic inside this rea- The most important fact is that both parts are soning, but the fact is that those attacks took place referring to tolerance as a value: on one side, it and that home grown terrorist, self radicalized lone is about tolerance for the freedom of expression, wolfs were there, or even whole communities radi- for free circulation of ideas, for protests without calized around mosques where radical preachers violence and refraining from extreme reactions, praised the orthodox Islamic faith and even Jihad- banning blasphemy from the applied religious ism – as proved by the expel of some of those Im- and administrative sanctions. On the other side, ams. That is a fact and no pragmatic analysis can tolerance is used as a means to let the other accept ignore it. For Great Britain, the enemy within is a different way of life of a community that does a reality, and domestic inequality cannot explain not want specifically to integrate in the Western why some Britons are driven to kill their neigh- norms and rules that wants to conserve the habits bours. of religious preeminence over administrative life. And if the problem is the fact that at some moment UK did not stand up for liberal values? The impact of Rushdie affair in Western If the nuance introduced to political correctness, Societies self censorship, civilization of the ones that respect In the last years, there were expressed certain the sensibilities of the Islamic community is a opinions that a violent reaction to artistic creation part of the explanation for those developments? is a matter that belongs only to Islam countries. No one could tell, but this is difficult to reject a Far from being true, it seems that the reactions priori. And Salman Rushdie as a symbol and to “The Satanic Verses” were just as important in the first case of this clash of civilizations could Western states, specifically in those areas where represent the turning point of the badly understood Muslim communities are important. It happened multiculturalism which could mean ignoring our in the Northern town of Bradford, on January, own basic, fundamental democratic liberal values. 14, 1989, when, following the burning of the In 2006, a poll showed that young British book, the country’s largest bookseller decided Muslims believe in surprising numbers, 31

114 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW percent, that their country’s foreign policy justifies Muslim sensibilities. The Palestinian representative terrorist attacks13. In Bradford, “The Satanic in Denmark and ambassadors from 10 countries Verses” were burnt because the book was regarded with Muslim populations sent a letter to the former as blasphemous. The situation became even more Danish Prime Minister, Anders Fogh Rasmussen, disturbing after Iran’s Supreme Leader Ayatollah on 12 October 2005, demanding a meeting with Khomeini called for Rushdie’s head on February him and urging action against “Jyllands-Posten”. 14, 1989. The call was frequently repeated in Fogh Rasmussen has later declined the meeting. Britain, despite a British law that makes incitement The Danish Prime Minister spoke out against to murder punishable by a maximum of life “attempts to demonize groups of people on the imprisonment. basis of their religion”, but said Denmark is According to the liberal thinkers, the end result committed to freedom of speech. The government of the Rushdie affair was a lost opportunity to answered the ambassadors’ request for a meeting show that British citizens must obey the law of the with Rasmussen only by a letter: “The freedom land. Within the Muslim community, the moderate of expression has a wide scope and the Danish position had been undercut and the standing of the government has no means of influencing the more radical elevated. Under Iqbal Sacranie, who press. However, Danish legislation prohibits acts from 2002 to 2006 headed Britain’s biggest Muslim or expressions of blasphemous or discriminatory organization, the Muslim Council of Britain, stated nature. The offended party may bring such acts that “death is perhaps too easy for Rushdie”. or expressions to court, and it is for the courts to During the 1990s, London became the gathering decide in individual cases”14. point for Islamic terrorists. Europeans and The ambassadors maintained that they had Washington, as well, complained that the British never asked for “Jyllands-Posten” to be prosecuted; were tolerant of the presence of radical Muslims. possibly, the non-technical phrase of the letter, After 9/11, the British attitude shifted radically “to take the newspaper to task under law”, meant and some 93 percent supported reactions to protect something like “to hold newspaper responsible the citizens from terrorist attacks. But the poison within the limits of the law”15. Rasmussen had already spread. Polls revealed that 57 percent replied: «Even a non-judicial intervention against of British Muslims regarded the campaign against “Jyllands-Posten” would be impossible within our the Taliban as a war on Islam, 40 percent thought system»16. those Britons who went to fight with the Taliban Danish Muslims travelled throughout the were justified, and 15 percent viewed the attacks Middle East in November and December that on the Twin Towers as in some way warranted. In same year to tell people about the cartoons and call those conditions, the Salman Rushdie case stood for protest. They carried with them not only the as an important warning signal that deserved to be published cartoons, but also a few others – even considered far more attentively. more offensive – that “were sent to them by private Danish citizens”. 2. Another example illustrating the conflict The cartoons were reprinted in newspapers in of values: “Jyllands-Posten” cartoons more than 50 other countries over the following controversy few months, further deepening the controversy, although the bulk of the reprints took place after The “Jyllands-Posten” Muhammad cartoons the large scale protests in January and February controversy began after 12 editorial cartoons were of 200617. Newspapers in the U.S., France, published in the Danish newspaper “Jyllands- Germany, Spain, Italy, the U.K., Iceland, Belgium, Posten” on 30 September 2005, most of which Switzerland, Hungary, Greenland, Bulgaria, depicted the Islamic prophet Muhammad. The Portugal and Jordan reprinted the cartoons on the newspaper announced that this publication was 2nd of February 2006, claiming to defend freedom an attempt to contribute to the debate regarding of speech and the right to publish. The managing criticism of Islam and self-censorship. editor of “France Soir”, a Paris daily, is fired over Members of 16 Danish Muslim organizations his decision to run the cartoons under the headline condemned “Jyllands-Posten”, claiming the “Yes, we have the right to caricature God”. newspaper acted provocatively and insulted Muslims held protests across the Islamic

STRATEGIC IMPACT No. 1/2013 115 POINTS OF VIEW world, some of which escalated into violence with secular society is rejected by some Muslims. They instances of police firing on crowds of protestors demand a special position, insisting on special resulting in a total of more than 100 reported considerations on their own religious feelings. It deaths18, including the bombing of the Danish is incompatible with contemporary democracy and embassy in Pakistan and setting fire to the Danish freedom of speech”. On 19 February 2006, Rose embassies in Syria, Lebanon and Iran, storming explained his intent further in “The Washington European buildings19, and burning the Danish, Post”: “The cartoonists treated Islam the same Dutch, Norwegian, French and German flags in way they treat Christianity, Buddhism, Hinduism Gaza City20. and other religions. And by treating Muslims in Danish Prime Minister Anders Fogh Rasmussen Denmark as equals they made a point: We are described the controversy as Denmark’s worst integrating you into the Danish tradition of satire international crisis since World War II21. UN because you are part of our society, not strangers. Secretary General Kofi Annan urged newspaper The cartoons are including, rather than excluding editors around the world to stop republishing Muslims”25. the cartoons. “It is insensitive. It is offensive. It is provocative, and they should see what has Prohibition against drawing Muhammad? happened around the world”, he declared. U.S. The real clash of civilizations happened not President George W. Bush also called for an end only between Islam and Christian countries, but to the violence. “We reject violence as a way to inside Western societies. And the claimed War express discontent with what may be printed in a on Terrorism seems to have as a side effect this free press”, he stated. In a statement, Prime Minister apprehension of escalating any controversy or act Stephen Harper said he regretted the publication considered to be against religion into a huge casus of the Muhammad cartoons in Canadian media beli for the Muslims all over the word. We have to outlets, and commended “the Canadian Muslim note here that some 6 month and huge protests by community for voicing its opinion peacefully, Muslim countries were needed, plus a trip of the respectfully and democratically”.22 Danish Muslim Community, which has done more The legal action came two weeks after than showing the cartoons in order to obtain the Denmark’s top prosecutor declined to press reaction of the Muslim Word at a level of violence criminal charges against the paper, on 30th March that deserved the political intervention of World 2006, saying the drawings that sparked a firestorm leaders to calm down the controversy. in the Muslim world did not violate laws against The violence of the Muslims and the intolerance racism or blasphemy. The newspaper won the case, of the Islamic countries and communities were once which proved to be a real case for freedom of press. again in the forefront and radical representatives The Danish prime minister won the legitimacy by used the moment for personal agendas. On standing up for the basic liberal democratic values February 17, Mohammed Yousaf Qureshi, the and became NATO Secretary General in 2009. Imam of a mosque in Peshawar, said he would Critics of the cartoons described them as offer a 1.5 million rupee reward to those who killed Islamaphobic, racist23, or baiting and blasphemous one of the cartoonists that portrayed the Prophet to people of the Islamic faith, possibly intended Muhammad. The precedent of the reward for the to humiliate a Danish minority, or were a killing of Salman Rushdie acted in this case, for manifestation of ignorance about the history of the benefit of this obscure Islamic preacher. Western imperialism. Supporters generally said On 21st April, more than half a year after the that the publication of the cartoons was a legitimate cartoons were published, Al-Qaeda deputy leader exercise of the right of free speech, whatever the Ayman al-Zawahiri called in a video for revenge validity of the expression itself. Many argued that attacks on Danish targets. “I urge and incite every Muslims were not targeted in a discriminatory way, Muslim who can harm Denmark to do so in support since unflattering cartoons about other religions of the Prophet, God’s peace and prayers be upon (or their leaders) are frequently printed24. him, and in defence of his honourable stature”26, al- Flemming Rose, culture editor with Zawahiri said, quoted by Intel Center, a U.S. group “Jyllands-Posten”, commented in the original that monitors al-Qaeda messages. No surprise that, text accompanying the cartoons: “The modern, after such a big debate and hundreds of victims in

116 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW violent clashes, Al Qaeda also stepped in, trying to “Thus, this morning’s operation must first and get some dividends for the terrorist organization. foremost be seen as a preventive measure where Free speech seems to have limits in the Muslim the aim has been to stop a crime from being societies. According to the Imams, and to some committed”. interpretations of the Quran, insulting Muhammad Westergaard has previously stated that he wanted is considered one of the gravest crimes. Some his cartoon to say that some people exploited the interpretations of the Shariah, in particular of prophet to legitimize terror. However, many in the the relatively fringe Salafi (Wahabi) group states Muslim world interpreted the drawing as depicting that any insult to Muhammad deserves death their prophet as a terrorist. penalty27. Westergaard remains under police protection However, the Organization of the Islamic and does not know for how long it will continue. Conference has denounced calls for the death of “I could not possibly know for how long I have to the Danish cartoonists. OIC’’ Secretary General live under police protection; I think, however, that Ekmeleddin Ihsanoglu stated in a press release: the impact of the insane response to my cartoon “The Secretary General appeals to the Muslims to will last for the rest of my life”, he said. “It is sad stay calm and peaceful in the wake of sacrilegious indeed, but it has become a fact of my life”.30 depiction of Prophet Muhammad which has deeply There have been several attempts on the life hurt their feelings. He has stated that Islam being of Kurt Westergaard and his wife. According to the religion of tolerance, mercy and peace teaches Stratfor, successive evaluations on the matter, them to defend their faith through democratic and including by the Somali, said to be associated legal means28. with the al-Shabbab group, who has recently been Clearly, violent responses to perceived injury convicted in Copenhagen. In January, 2010, he are not integral to Islam. Every chapter of the broke into Westergaard’s home, and was shot and Quran begins with the words “In the name of Allah wounded by Danish police while pursuing the [God], the most compassionate, the most merciful”. artist with an axe. The Prophet Mohammad (PBUH) is referred to The most recent of several terrorist plots as Rehmatul-lil-Alameen, or “the one bringing described by Stratfor came to light on December compassion for all worlds”. After announcing his 29, when police in Denmark and Sweden arrested prophethood, the Prophet Mohammad (PBUH) five men with a variety of ties to Iraq, Lebanon, prayed for those who insulted or opposed him29. and Tunisia. The men were allegedly planning an The fact is that two years later, the author of armed assault on the offices of “Jylland-Posten” the cartoons was targeted by a terrorist attempt. in Copenhagen and were said to have obtained a The Danish Security and Intelligence Service said pistol and submachine gun equipped with a sound police arrested a 40-year-old Dane of Moroccan suppressor, and to possess flexible handcuffs – origin and two Tunisians in the Aarhus area of indicating that they intended to take hostages in a western Denmark on 13th February 2008, following theatrical operation. lengthy surveillance. The Danish citizen is charged Other recent plots involving depictions of with a terrorism offence, the intelligence service Muhammad include the March 2010 arrest in said, and the Tunisians will be deported. Police Ireland of seven people with Middle Eastern and have not yet released the names of the three. North African backgrounds, in connection with an The target of the plot, the intelligence service alleged plot to kill Lars Vilks, the Swedish artist said, was the cartoonist for the Danish newspaper who depicted Muhammad as a traffic-circle (or “Morgenavisen Jullands-Posten”, which first roundabout dog). An American woman, Colleen published the controversial drawings in September LaRose – known online alias “Jihad Jane” –, was 2005. The paper identified the cartoonist as Kurt arrested by the FBI while returning to the US Westergaard. from Ireland in November. In early February, she “Not wanting to take any undue risks [the pleaded guilty to a series of federal charges that intelligence service] has decided to intervene at a included a plot to kill Vilks. very early stage in order to interrupt the planning One of the most alarming attacks so far and the actual assassination”, the statement by connected with the cartoon controversy was the Jakob Scharf, the agency’s director general, said. suicide-bombing in Stockholm on December 11

STRATEGIC IMPACT No. 1/2013 117 POINTS OF VIEW by Taimour Abdulwahab, an Iraqi-born Swedish radical interpretations of Islam in order to obtain citizen. Fortunately, the attack, which could support for the faith, it happened so 6 months have been devastating, was frustrated when his latter, when all the defenders of Islam stepped in explosives went off prematurely, killing only and used the controversy for internal purposes. himself31. In an e-mail sent to the Swedish News Statements such as the “Jyllands Posten” Agency shortly before his attempted atrocity, cartoons have several tracks. For sure, we are Abdulwahab referred explicitly to Vilks’s pictures, talking here about the fight between on one side as well as to the presence of Swedish troops in believers, Muslim piety and respect for the faith and Afghanistan. Muslim militants, defenders of the faith, fighters Another issue at stake, besides intolerance in for “the real Islam” and for the Islamic honour holy the name of Allah or death penalty for insulting war against, on the other side, Western influences. Mohammad, is whether drawing the Prophet is a Moderate Islam, tolerance, quiet observance of sin in the Islamic belief. Is this a part of the core the rituals and symbols of Islam had to fight with faith in Islam or is it an way of addressing and radical Islam, that has to be visible, aggressive, an interpretation of religion by groups that use it to speak up its faith and look on the other’s way politically, as did the conservatives in Iran in the of living there religious life, an orthodox Islam case of Salman Rushdie, in an internal domestic that calls for a rigid interpretation of the Quran political fight? that does not fit with the multiculturalism and Traditional Islamic doctrine offers little tolerance of other religions and beliefs, but isolates explanation for this violent response. There is Islamic communities under the control of Radical no explicit ban on figurative art in the Quran, Imams, preventing them from merging with other and representations of Muhammad, though neighbour communities. absent from public spaces, appear in illuminated The rivalries between Salafists and moderates manuscripts up until the seventeenth century; are not the only one at stake here, even though they still feature in the popular iconography of we do have clear examples where the controversy Shiism, where antipathy to pictures of the Prophet reached the competition in electoral and political is much less prevalent. There are numerous such fight. Salafists want a return to the “pure Islam” depictions – faceless or veiled as an indication of of the Prophet’s era, but a pious Salafist response his holiness, or even depicted with facial features to the cartoon controversy is to refuse to look at – in manuscript collections32. blasphemous images and to talk about them and, Malise Ruthven noted33 that it is only quite for sure, to avoid multiplying, distributing or recently that Muslims living in the West have begun showing them around. lodging objections to the reproduction of these But a part of the Salafists and for sure the images in books. The objections are by no means militants, the Jihadists, have taken the opposite confined to a militant fringe. Populist sentiment— view, trying to polarize the community, to attract fuelled by the Salafist or “fundamentalist” trends the public support for the wrongdoings and recruit emanating from the Gulf and Saudi Arabia, has suicide bombers. They are defusing via internet produced a near consensus among a majority of the controversial and images that they claimed are Muslims that representations of the Prophet and blasphemous and are making threats against artists other holy figures are forbidden by Islam. and publishers who dare to display them in public galleries or on a printed page. Politics in religion: the use of “Jyllands Jihadists prepare a revenge that may highlight Posten” cartoons their profile, using the issue for their own political Politics did play a role in the controversy of purposes, but, as rightly underlined Malise Ruthven, Jyllands Posten’s cartoons that nearly led to a thanks to the combined effects of television and global religious war between the Islam and the the Internet, the main outcome of their efforts West – and helped fuel the interpretations that the is a quantum leap in the dissemination of the War against terrorism is, in fact, a war of the West images pious Muslims find most offensive. By against the Islam, a sort of new modern crusade. drawing attention to them those militants become In any case, if it was not plan as such from the accessories to the blasphemies they ostensibly beginning, when teasing the crowds and using seek to repress.

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Another line of debate is the one involving recent terrorist incidents – including Mohammed authoritarian regimes that used the reactions Atta, the September 11 ringleader; the March 7 against the cartoons in order to forge their regimes Madrid bombers; Mohammed Bouyeri, assassin of and to reject any attempt of democratization. the Dutch filmmaker Theo van Gogh; and the July This happened before the Arab Spring, when in 7 London bombers – were radicalized not in the Egypt and Pakistan such violence was allowed Middle East, but in Western Europe. Many, like for another category of political reasons, in order Bouyeri and the London bombers, were second- to raise the support for an authoritarian leader. generation citizens who spoke their adopted Muslim rulers as well as Islamist political parties country’s language fluently. were both attempting to gain advantage through Fact is that the problem of integrating moderate riots of the Muslim peoples against the Western Muslims in Western societies, avoiding populist world. Islamists and authoritarian Muslim rulers side effects – that gave birth to terrorists like both have a vested interest in continuously fanning Brevik in Norway and to right wing nationalist the flames of Muslim victimhood, based on real or terrorists in Germany – is pressing as we have to perceived grievances. For Islamists, anger and rage understand that multiculturalism does not mean against the West is the basis for their claim to the leaving Muslim communities in isolated ghettos, support of Muslim masses. For authoritarian rulers, which then become fertile grounds for the growth religious protest is the means of diverting attention of a highly intolerant version of Islam. away from economic and political failure34. The As Fukuyama put it, the problem that most image of an ascendant West belittling Islam Europeans face today is that they do not have a with the view to eliminating it serves as a useful vision of the positive cultural values their societies distraction from their country’s own weaknesses. stand for and should promote, other than endless US former Secretary of State Condoleezza tolerance and moral relativism. Rice has pointed to the role of Syria and Iran in What each European society needs is to invent exacerbating the violence over an obscure Danish an open form of national identity similar to the newspaper’s insult against Muslims. Several American creed, an identity that is accessible to authoritarian Muslim regimes allied with the newcomers regardless of ethnicity or religion. The US have also used the opportunity to create the norms of integrating and accepting immigrants impression that their masses are unruly fanatics in Europe are far from offering the Muslim who cannot be controlled except with an iron immigrants a status of equal footing for those hand. welcomed in European societies, as is the case for Violent demonstrators in the Pakistani city the American immigrants. of Lahore controlled the streets for a day. Egypt, “Time is getting short to address these too, allowed angry demonstrations although it questions. Europeans should have started a normally does not allow its citizens to publicly discussion about how to integrate their Muslim express their sentiments. After putting down the minorities a generation ago, before the winds of orchestrated violence, the Mubarak and Musharraf radical Islamism had started to blow. regimes will most likely tell the US to tone down The cartoon controversy, while beginning its rhetoric about democratizing the Muslim world. with a commendable European desire to assert Democracy, they will argue, would only bring basic liberal values, may constitute a Rubicon Islamists chosen by angry anti-Western mobs into that will be very hard to re-cross. We should be power. alarmed at the scope of the problem, but prudent Francis Fukuyama underlined the fact that in responding to it, since escalating cultural the ongoing struggle with radical Islam is more a conflict throughout the Continent will bring us problem for Europe than it is for America35. In the closer to a showdown between Islamists and United States, Muslim population represents less secularists that will increasingly look like a clash than 1 percent, when in the Netherlands, 6 percent of civilizations”36, said Fukuyama in a prophetic to 7 percent of the population, and as much as half statement that is meant to offer European food for the population of large cities like Amsterdam and thought and to add to the conflict of values that is Rotterdam, are Muslim. In France, the percentage now so prominent in our word. may reach 13 percent. Many of the organizers of

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3. Extremism builds extremism: Burning finished with the killing of some 8 workers in the the Quran in Florida and attacks diplomatic representation of the UN that dealt in Mazar i Shariff only with projects for development and support for the local population. One of the victims of the A case-study of extremism that escalates slaughter was the Romanian head of mission ad happened in Mazar I Sharif, otherwise one of the interim, Filaret Motco, who was beheaded. calmest regions of Afghanistan, never subject Local police blamed what they said were Taliban to terrorist attacks and less exposed to violence. infiltrators among the crowd for urging violence Stirred up by three angry Mullahs who urged them and even distributing weapons; 27 suspects were to avenge the burning of a Koran in a Florida church, arrested on charges of inciting violence, some thousands of protesters overran the compound of from Kandahar and other provinces where Taliban the United Nations in this northern Afghan city on are the majority polulation40. Friday, killing at least 12 people. Both gestures were as extreme as they could Terry Jones, a Florida pastor, caused an be. As Robert Dreyfuss put it, “if we’re going to international uproar by threatening to burn the war against religious extremists – and let’s face it, Koran in 2011 on the anniversary of the September crazies – it’s a toss-up whether to invade Florida 11 attacks. Among others, the overall commander or Afghanistan. I’m not in favour of either one, but of forces in Afghanistan, Gen. David H. Petraeus, the United States has picked Afghanistan, leaving had warned at that time that such an action could the crazies in Florida a free hand”41. provoke violence in Afghanistan and could It is not about a clash of civilizations, once endanger American troops. Mr. Jones subsequently again, but taking profit of the easy way of using promised not to burn the Koran, but he nonetheless a population so reactionary and vulnerable to presided over a mock trial and then the burning religious extremism is a strategic mistake that of the Koran at his small church in Gainesville, seems to need a reaction inside our very society Florida, on March 20, with only 30 worshipers in order not to expose soldiers and to win hearts attending37. In early January 2011, Mr. Jones and minds far away. It is very difficult to do so – presented by Christine Fair38 – not as religious if there is no common understanding at home and scholar, but rather a homophobic, Islamophobic mature assuming of the fact that any gesture that used furniture salesman – announced, that he could bring some publicity based on its heavy would hold an “International Judge the Koran impact on the public could harm soldiers of the Day”, during which the Quran would be tried for nation far away. In that particular case, even not murder. On March 20, 2011 Mr. Jones served as soldiers, put humanitarian workers in development the judge in this “trial of the Koran”, which also UN projects, none of them being American. featured a mock prosecutor, defence attorney, and What’s happening is a textbook case of witnesses. The Quran was found guilty after which extremism begetting extremism. Like the Arab- it was doused with kerosene and burnt”. Israeli conflict, where radical Israeli settlers carry The Mazar-i-Shariff�� episode began 10 days out an extremist agenda, only to inflame radical later, when three Mullahs, addressing worshipers at Palestinians into carrying out suicide bombings Friday Prayer, 1st of April, inside the Blue Mosque and atrocities such as the recent massacre of an here, one of Afghanistan’s holiest places, urged entire family of Jewish settlers, including babies, people to take to the streets to agitate for the arrest in Afghanistan Islamic fundamentalists are reacting of Terry Jones, the Florida pastor who oversaw mindlessly to a provocation in Florida. the burning of a Koran. Mullah Mohammed Shah It is not the only case of extremism against Adeli said that Afghanistan should cut off relations Islam in the West. On February 12, 2009, the right- with the United States. “Burning the Koran is an wing Dutch politician Geert Wilders travelled to insult to Islam, and those who committed it should England’s House of Lords for a screening of his be punished”39, he said. short film, “Fitna”. A few hours after his arrival at Afghans chanted anti-American slogans during Heathrow, the Member of Parliament was detained a demonstration to condemn the burning of a and sent back to his native Holland, where he is copy of the Muslim holy book that turned into a now on trial for hate speech and faces up to sixteen riot that stormed UN headquarters in the city and months in prison. Shortly after his detention,

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British Home Secretary Jacqui Smith wrote a strategy. Frustration with night raids and civilian letter to Wilders justifying the ban, explaining that casualties has been mounting for years, and the his comments “about Muslims and their beliefs ... ISAF has always faced an uphill battle in the war would threaten community harmony and therefore of perception44. public security in the [United Kingdom].42” The polls showed that even those who blame the quick reaction of the Afghan to religious calls Blame game: the conflict of values in the is in minority, and that Afghans do realize what Western society the Taliban regime means and what are the costs Who is to blame? It seams none or everybody. that the US and international coalition are taking Fact is that a conflict of values is still in place in order to help and assist them. According to the in this case, too. On one side, there is the free recently downsized U.S. defence budget, American speech and free exercise of the religious beliefs, taxpayers will still pay about $300 million per day including the questionable ones. Second, it is for the military effort in Afghanistan alone. For all about responsibility, pure and simple individual operations in the country, the United States spent responsibility for you fellow citizen, your ally or about $17 billion in the Fiscal Year 2011 alone. even the human being near you. But this cannot be This is in addition to the 1,461 US soldiers killed found in norms and laws, but rather in the common and countless more injured in Afghanistan since sense of each person. And we cannot charge a guy 200145. for not having common sense. Needless to say, many more Afghan civilians What else can be done? Should we blame the and security forces have died in the same period, Afghans for not being informed and falling in the as have U.S. civilians as well as coalition military hands of a religious manipulation of their leaders? and civilian personnel. In 2010, more than 2,777 This is religious freedom as much as the actions civilians were killed. of Terry Jones and Gert Wilders. The democratic system seems to have failed and new areas and Political game that ignited the protests ways of improving our democracy have to be Once again, information showed, weeks and brought back in the debate. month later, that the attack on Mazar-i-Sharif UN Many Afghans do not realize that these few headquarters was largely ignited and has very do not stand for the majority of Americans, who strong political explanations. The first question respect Islam and vocally condemn the desecration marks were coming from the fact that the gesture of a holy book by a rogue, publicity-seeking pastor. of Terry Jones were largely passed unnoticed in And that Americans feel overwhelming shame and the US and the World and that American officials outrage at the killing of innocents at the hands from President to Secretary of State and chief of of U.S. soldiers, a sentiment particularly strong NATO forces in Afghanistan condemned those among those in uniform who see such crimes as wrongdoings. a brutal desecration of their own standards and It is also significant that the unrest began in values. a place like Mazar-i-Sharif, where the Taliban Many Americans do not realize that these few do presence and influence is much more limited and not stand for the majority of Afghans, who condemn where the ISAF has had much more success than the killing of innocents and feel horror and shame in other parts of the country. Not to ad the fact that for the attack on United Nations personnel. And it took almost two weeks between the burning of that in a December 2010 opinion poll, about 60 the Koran and the onset of unrest, which suggests percent of Afghans said they continue to support a deliberate campaign. This is similar to the way the U.S. military presence in their country and the initial release of controversial Danish cartoons oppose the Taliban43, despite growing insecurity. depicting the Prophet Mohammed went largely The polls are contradicting Stratfor’s assessment unnoticed until later protests gained traction across that what violence in Mazar-i-Sharif means is that the region. after nearly a decade of occupying Afghanistan, Moreover, the clashes did happen only in the American-led coalition is already in a very Afghanistan, and did not spread all over the region precarious position, particularly as it tries to win or the Muslim World. This is another mark of over hearts and minds using a counterinsurgency the fact that the whole story was linked to local

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Afghan politics and that is why a lot of analysts “reintegrated” Taliban-fighters, who had formally pointed out to President Hamid Karzai. In fact, the laid down arms. This could pose further challenges deadly events of April 1, 2011 likely would not for the international forces, as “the reintegration have happened had it not been for President Karzai of low and mid-level Taliban fighters is a key part himself, who drew attention to the little known of the ISAF strategy to defeat the Taliban and end event on March 24 when he issued a press release the terrorist insurgency, as Bill Roggio writes in in which he called the immolation of the Quran “a the Long War Journal. In an interview, Steve Coll crime against a religion and entire Muslim umma discusses secret negotiations between the Obama [community]”. He further called for the U.S. and administration and members of the Taliban, and the U.N. to “bring to justice the perpetrators of this challenges plaguing the process, when President crime”.46 Hamid Karzai refused to accept any negotiation Some Western analysts have blamed the without him at the table50. violence on Afghan President Hamid Karzai. For sure, the debate could (and did) fall into CNN Fareed Zakaria says the Quran burning went the usual arguments of Western commentators largely unnoticed in Afghanistan until March 31st, insisting on the clash of cultures and the clash when “Karzai decided to capitalize on the issue”47 of juridical systems between the West and Islam, and called for Pastor Jones’s arrest. Christine Fair and present the situation of the laws in countries noted, for Foreign Policy, “the finger must turn to such as Pakistan and Afghanistan (among other politics within Afghanistan itself: Afghanistan’s Muslim countries), which criminalize expressions president, Hamid Karzai. Rather than explaining of intolerance, such as blasphemy. to his population that Jones is a fringe crank whose Blasphemy laws in both Pakistan and actions are reviled by most Americans, Karzai has Afghanistan carry a maximum sentence to death, made this his most recent anti-American cause, as it was in the case of Said Musa, a 46 year-old denouncing Americans who have paid deeply Afghan Red Cross worker, who had been arrested in lives and treasure to support his inexplicably and faced the possibility of a death sentence for corrupt and unaccountable government. Despite “apostasy”. Mr. Musa was declared an apostate the condemnation of U.S. civilian and military because he had converted to Christianity, and this leadership, Karzai continues to stoke the sentiments is a sin according to extreme interpretation of the of Afghanistan’s uninformed masses and goad Quran that leads to death penalty. entrepreneurs of death of violence into further Arguments for the savagery of Muslims in murderous action”48. some countries come as well from massacres. It is very difficult not to conclude that Karzai Attacks and crimes inside the Islam itself, with chose to pursue a path of deadly controversy to arguments like Sunni militants that have attacked demonstrate his strategic independence from and razed dozens of Shia mosques and Sufi shrines the very country that continues to pay the vast in Pakistan in recent years alone. These attacks majority of all of his bills while his group of have, without a doubt, resulted in the incineration supporters loots the country’s capital. Moreover, of countless Qurans, but have sparked no apparent two other coincidences did occur and are linked mass outrage among Muslims in South Asia. to this near two weeks delay between the gesture The conclusion is, once again, most eloquently in Florida and the slaughter in Mazar-i-Sharif. presented by Christine Fair: “Clashing legal and First, Gen. David Petraeus, commander of the civil values alone cannot explain the bloody NATO-led International Security Assistance Force violence that has erupted across Afghanistan this (ISAF) and U.S. Forces-Afghanistan, apologized weekend. Sensible people understand differences for and condemned the Koran burning (as did in legal regimes across states and do not easily President Barack Obama), the incident came just mobilize into murderous mobs. Sensible people as American servicemen went on trial for killing understand that killing innocent people in reaction Afghan civilians and following the release of to an offender far away is not condoned in any photos of American soldiers posing with the body religion. Nor does the act of desecrating a Quran of a dead Afghan49. itself offer a satisfying exculpatory narrative for Second, Reuters reports a senior Afghan the savage murders at Mazar-i-Sharif”51. official blamed the killings of the UN staff on

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4. The conflict of values and the film little consolation that these excessive reactions are “Innocence of Muslims” “perpetrated by small bands of fanatics,” as if often claimed. The disruptive power of these “fanatics” Islamophobia at work. Once again – both the one in the US and those in Libya – and Another important case is the film “Innocence the inability of their societies to restrain and punish of Muslims”. It follows all the patterns of the them put the lie to the notion that these issues are precedent cases: a marginal site publishes a trailer tangential. of a film without any artistic value. After more than three months, it is used for symbolic reasons The political use of the film by terrorists in Libya who, under the cover of a Questions appear from the first moment in any mob that stormed the US Embassy on September analysis. How a film that did not benefit from any 9, 2012, killed the US Ambassador and three other attention and had less than 10.000 hits for the trailer American citizens, that the local authorities failed in more than three months became the source of to protect. the violent mass spread in all the Islamic world The film was used for political reasons in Egypt and Western Muslim communities? In happened and, in a very curious way, spread in no more than on the occasion of the 11-th commemoration of the 10 days all over the Islamic countries in the whole 9/11 attack on the twin towers in New York, and world, including the Muslim communities in this fact makes one wonder. Western countries. In the case of Salman Rushdie’s Why a mob in Libya was prepared on 9/11, “The Satanic Verses”,it took years to happen, and since Libya benefited the most – and Bengazi in even then, just a few countries kept the issue on the first place – of the international intervention the table. for protecting the rebels against the repression Meant to inflame the Muslim world, the film of Muamar el Kaddafi forces? If the US assisted “Innocence of Muslims”, is a 13-minute long low- the rebels in their fight, why did the US become budget video on You Tube, acted, directed and a target? Why did this happen in Egypt, another edited with amateurship; it might be risible, if it was place where the Arab Spring was supported by not for the ugly Islamophobia52 which it promotes the US and the West against another authoritarian and the effects of which are now being witnessed leader, Hosni Mubarak? around the world. It was apparently made by an Symbolism is in the forefront of the whole Egyptian-American based in the Los Angeles analysis and it seems that everybody taking area, one Nakoula Basseley Nakoula, reportedly profit of the event also knew how deeply rooted a Coptic Christian, who initially claimed to be symbolism linked to the Prophet Muhammad is in an Israeli property magnate called Sam Bacile, the Islamic word. using funds from “Jewish donors”. How Nakoula In addition to the fact that depicting Muhhamad financed his film is not clear, he himself being a is considered a sin in Salafi Wahhabi reading of convicted criminal. the Quran, any insult to the Prophet is considered Actually, the links with the US are so weak that a blasphemy that is punished with the death someone would ask why somebody would look at penalty in a lot of Islamic countries. Yet, this time, it as a piece where Washington authorities should the target was not the author of the film, but the be responsible, if not the fact that the movies are symbols of the West, and this fact raises questions still associated with the idea of America’s global on the thoroughness of the claims. power and prestige. At some point, everything Islam is again associated in the media with could be used symbolically to forge an attack acts of violence and fanaticism. The death of against the West: in Sudan, the attack took place at Chris Stephens, American ambassador to Libya, the German Embassy since, allegedly, one of the as a result of an attack on the U.S. consulate in actors was of German origin. Benghazi has shaken not only the United States, The production of the online film shedding but also members of the Muslim community unflattering light on the Prophet Muhammad has worldwide. The predominant image of Islam triggered the murderous events that claimed the presented in the media has been that of a religion lives of Ambassador Christopher Stevens and steeped in violence and misogyny; a religion of three other Americans in Benghazi. And it is of hate and self-destruction. Needless to say, Islam is

STRATEGIC IMPACT No. 1/2013 123 POINTS OF VIEW a faith of forgiveness and tolerance, according to but moreover from the Salafist opposition, a far the holly book, the Quran53. more radical and orthodox Islamic party. It seems The violence looked spontaneous; it was that this was at the origin of the promotion of the anything but that. Instead, it was the product of obscure trailer in the Middle East. a sequence of provocations, some mysterious, In his bid to head off the violence, Morsi said some obvious. It seemed to start in the U.S., then “it is required by our religion to protect our guests became magnified in Egypt and was brought to a and their homes and places of work”. He called deadly and sorrowful climax in Libya – all on the the killing of U.S. Ambassador Chris Stevens in 11th anniversary of 9/11. If Muslims responded Libya unacceptable in Islam. “To God, attacking a violently to every online insult to their faith, there person is bigger than an attack on the Kaaba”, he would be riots in Cairo and Benghazi every day said, referring to Islam’s holiest site in Mecca56. of the year54. The Internet is full of malefactors Morsi’s speech came after Obama spoke with him who constantly say, write or broadcast appalling by telephone. The Obama administration has been things about Islam and there are plenty of Muslim irritated by Morsi’s slow response to the attack Web nuts who vilify other belief systems. It is the Tuesday night on the U.S. Embassy in Cairo, outrage machine who pushes matters into anger and the Egyptian made little more than vague overdrive. They know the outcome of their efforts statements about it for days without an outright will be violence and subversion. These men are condemnation of the security breach57, in which enabled by media to spread the hate and violence. police did nothing to stop protesters from climbing But let us look more attentively on the political the embassy walls. His silence reflected the heavy background and context. First, in the US: “Innocence pressure that Morsi, a known figure from the of Muslims”, a film of no artistic value, has caused Muslim Brotherhood, faces from Egypt’s powerful things that some will interpret as intentional. ultraconservative Islamists. They are using the Some analysts affirm that they were timed for the film to boost their own political prominence while American elections, in this case to incite Muslim challenging Morsi’s religious credentials. communities and then provoke radical responses However, the film was released June 1, more from the presidential candidates55. than three months before the protest in Cairo. In In the case of Libya, the most deadly place fact, Egyptians were unaware that the video even where “Innocence of the Muslims” made victims, existed until a talk show host named Sheikh Khalid it was only a symbol, without any explanation, if Abdullah devoted his two-hour program to the film not the fact that the people that gathered in front of on September 8. As a Muslim sheikh, Abdullah the US Embassy were incited by Al Qaeda related undoubtedly was offended by the video’s contents. insurgents and that the killing itself have been But as a Salafist, whose beliefs run counter to made by declared terrorists taking advantage of the those of the ruling Egyptian Muslim Brotherhood, weak security in the region and not by the citizens Abdullah may have screened the film to incite that protested against the film. The symbolism is chaos and complicate Egypt’s internal politics. very important in that case, since it puts at stake Abdullah’s program, Masr al Jadida, was then the very Arab Spring and the Western support for quickly disseminated. A YouTube clip of the show democratization in the Arab World. It was a way was uploaded to a Salafist website September used by the authors of the incitement who remained 9, and in two days the clip received more than in the dark, to pass the word to American and 300,000 hits58. European public about another mistake of Western At the same time, “Leaders of Egypts” Jihad leadership. group, a former militant organization, held a conference in the Egyptian city of Alexandria “Innocence of the Muslims” in Egypt’s and said anyone involved in “defamation” of the domestic politics prophet should be killed. They called on Morsi to The most prominent political involvement was cut relations with US59. the one in Egypt. Here, the Muslim Brotherhood Sheikh Khalid Abdullah is�� a controversial was already indicated as an Islamist power since personality. He has been the subject of several Mubarak times, and the new president, Mohamed media reports alleging his lack of restraint and Morsi, is under pressure both from its own party, disregard for ethical boundaries. Abdullah has

124 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW even publicly attacked Sheikh Hazem Abd Ismail, of Islamic interferences. Also, one can speak of a fellow Salafist and 2012 presidential candidate. two dimensions of this problematic: on the one Abdullah has also been very critical of liberals side, there is the genuine conflict of values, and and the Muslim Brotherhood. That is vivid proof on the other side, there is its amplification and use of the political use of the trailer in order to press intentionally in politics. The four cases brought to on domestic politics in Egypt, between radicals analysis reflect a progressive growth of the political and moderates, close to the original reason for interference in the events that occurred. condemning Salman Rushdie to death in Iran. In the latter example, the speed with which As Steven A. Cook put it, the events are “a violence spread in the Muslim world in no more direct consequence of the Salafi satellite television than 10 days after the broadcasting in Egyptian station “Al-Nas” (“The People”), a religious TV and more than three month after its appearance network that publicized the existence of The on the web is raising serious questions. It is Innocence of Muslims. For the believers of a faith necessary to introduce in our analysis the impact that prohibits painting or reenacting its Prophet, in the Muslim and Jihadist world, knowing that let alone portraying him in a demeaning manner, Al Qaeda issued a condemnation not sooner than the emotional reaction should have been expected, Saturday, 13th of October (Associated Press). So, based on religious and cultural parameters, not even the fact that the events did happen in Libya political ones. It is highly likely that the religious on the 9/11, but specially the spread of the wave and political leaders who incited the protests of violence against America and the West raise solicited the emotions of keen defenders of Islam questions. with other agendas in mind; however, had the In order to demonstrate the intentional and movie not struck a cultural-religious nerve with the planned use of the aforementioned events in masses, such leaders would not have had troops to political aims, we bring forward the case of Russia’s call upon”60. position towards Syria, that on the contrary, was The pressure determined the attitude of Morsi, not so interesting for the Islamic world. It is well who was much nuanced in his public statements known that repeated vetoes in the Security Council even after the events. At least Libya’s President of the UN made Arab States, Arab League and OIC Mohamed el-Magariaf swiftly apologized to all to react and blame Russia for the fact that it allows Americans for the attack on the consulate and Bashar al Assad, the authoritarian Syrian leader to promised to hunt down those responsible. 24 hours kill the population that protested and asked for his after the attack on the embassy in Cairo, Egypt’s step down from power. Despite hundreds of news President Mohamed Morsi had not issued a similar claiming Jihadists and Islamic international fighters statement. When he finally did, he seemed less being on the ground, nobody attacked Russia concerned with what had happened at the embassy for that fact. The reaction in the case of Russia and more with the affront to the Prophet, which he is completely different than the one US faced condemned “in the strongest terms.”61 The Muslim together with Western democracies from Europe: Brotherhood, on its Twitter feed, condemned the coming from nowhere, even if those countries Benghazi attack, but made no mention of the one supported the Arab Spring – rejected by Russia in Cairo. – even if they allowed political parties including the Muslim Brotherhood parties and Salafi group Instead of conclusions: questions parties to enter in the democratic game and share to be answered the power after the deposition of the authoritarian leaders, America, Europe, the West are a target and From the analysis of the most important events Russia, who opposed this process, is not. in the last years illustrating the existence of a The sudden explosion of violence in the Muslim thorough conflict of values in the contemporary communities all over the word in the case of the world, there can be seen that it is necessary that film “Innocence of the Muslims” is unnatural, security studies should grant more attention to the compared to the experiences of the past cases. Yes, issues of multiculturalism and tolerance in Western we could consider responsible social networks societies, as well as to the measure in which that appeared much latter, but this explanation is democratic-liberal values can accept the influence not enough. At least a doubt still remains that the

STRATEGIC IMPACT No. 1/2013 125 POINTS OF VIEW coordinated reaction of the Muslim world, three muhammad_ cartoons_timeline.html#top month after “The Innocence of Muslims” was 18 Cartoon Body Count, March 2, 2006, archived posted on the Internet, is due to a well planned from the original on March 26, 2006, http://web. operation held by indefinite authors. archive.org/web/2006 0326071135/http://www. cartoonbodycount.com/ 19 �“Arson and Death Threats as Muhammad NOTES: Caricature Controversy Escalates”, Spiegel online, February 4, 2006, http://www.spiegel.de/ 1 Barbara�� CROSETTE, Iran Drops Rushdie Death international/0,1518,399177,00.html Threat, And Britain Renews Teheran Ties, September 20 Embassies torched in cartoon fury, CNN, 25, 1998, http://www.nytimes.com/1998/09/25/world/ February 5, 2006, http://www.cnn.com/2006/WORLD/ iran-drops-rushdie-death-threat-and-britain-renews- meast/ 02/04/syria.cartoon/ teheran-ties.html 21 Greg�� HURST, “70,000 gather for violent Pakistan 2 Salman Rushdie's memoir charts nine years cartoons protest”, Times, February 15, 2006, http:// in hiding, http://www.channel4.com/news/salman- www.timesonline.co.uk/article/0,,25689-2041723,00. rushdies-nine-years-in-hiding, 18 Sept. 2012. html 3 ��Sadeq SABA, Analysis: Why the Rushdie affair 22 Muhammad cartoons: a timeline, ibidem. continues, Sunday, February 14, 1999, http://news.bbc. 23 “�Cartoons of Prophet Met With Outrage”, co.uk/2/hi/middle_east/279493.stm Washington Post: «Kuwait called the cartoons 4 ��Nasser KARIMI, Salman Rushdie Death Fatwa: “despicable racism”»; “Blasphemous Cartoons Trigger Iran Adds To Reward For Author’s Killing, September Muslim Fury”, Iran Daily: «Although “Jyllands- 16, 2012, http://www.huffingtonpost.com/2012/09/16/ Posten” maintains that the drawings were an exercise in salman-rushdie-death-fatw_n_1888111.html free speech, many consider them as provocative, racist 5�� Barbara CROSETTE, op.cit. and Islamophobic»; “Muslim cartoon row timeline”, 6�� Barbara CROSETTE, op.cit. BBC online: «Egyptian newspaper “al-Fagr” reprints 7 Salman Rushdie has found peace – but the Satanic some of the cartoons, describing them as a “continuing Verses 'affair' won't go away, http://www.guardian. insult” and a “racist bomb”. co.uk/books/2012/jan/29/salman-rushdie-satanic- 24 “The limits to free speech – Cartoon wars”, The verses-censorship, The Guardian, January 29, 2012. Economist. February 9, 2006, http://www.economist. 8 ��Chandrahas CHOUDHURY, No-Show Revives com/opinion/displaystory.cfm?story_id=5494602 Rushdie Affair in India, January 26, 2012, http://www. 25 ��Rose FLEMMING, “Why I Published Those bloomberg.com/news/2012-01-25/no-show-revives- Cartoons”, February 19, 2006, Washington Post. rushdie-affair-in-india-choudhury.html http://www.washingtonpost.com/wp-dyn/content/ 9 Idem. article/2006/02/17/AR2006021702499.html 10 Salman Rushdie: Satanic Verses 'would not be 26 Muhammad cartoons: a timeline”, ibidem. published today', September 17, 2012, http://www.bbc. 27 “Question #22809: Ruling on one who insults the co.uk/news/ entertainment- arts-19600879 Prophet”, Islam Q & A, http://www.islam-qa.com/index. 11 ��Dominique MOISI, Geopolitics of Emotions, php?ln=eng&ds=qa&lv=browse&QR=22809&dgn=4 Anchor Books, New York, 2010. 28 “Statement by H.E. Prof Ekmeleddin Ihsanoglu, 12 ��James G. FORSYTH, Satanic Delusions, Secretary General of the OIC”, Organization of the August 16, 2006, http://www.foreignpolicy.com/ Islamic Conference, January 28, 2006, http://www. articles/2006/08/15/ satanic_delusions_0 oic-oci.org/press/english/2006/January%202006/ 13 Idem. denemark-3.htm 14 Official response to ambassadors from A. F. 29 Karen�� ARMSTRONG, The History of God, Rasmussen, archived from the original on February 19, Nemira, 2009 (Romanian version). 2006, http://web.archive.org/web/20060219083657/ 30 Newspapers reprint Prophet Mohammed cartoon, http://gfx-master.tv2.dk/images/Nyhederne/Pdf/side3. February 13, 2008, http://edition.cnn.com/2008/ pdf WORLD/europe/02/13/denmark.cartoon/ 15 Ambassadør-breve blev forvekslet i Politiken, 31 ��Malise RUTHVEN, “Why Are the Muhammad Politiken. February 20, 2006. http://politiken.dk/ Cartoons Still Inciting Violence?”, February 9, 2011, VisArtikel. iasp?PageID=439519 http://www.nybooks.com/blogs/nyrblog/2011/feb/09/ 16 Oversættelsen er helt uvæsentlig (Danish), why-are-muhammad-cartoons-still-inciting-violence/ Politiken, February 21, 2006. http://politiken.dk/Vis 32 Ibidem. Artikel.iasp?PageID=439706 33 Ibidem. 17 Muhammad cartoons: a timeline, CBC News 34 “Playing�� Politics with Religion”, Gulf News, Online, http://www.cbc.ca/news/background/islam/ February 22, 2006, http://carnegieendowment.

126 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW org/2006/02/22/playing-politics-with-religion/2yxt articles/2011/04/01/massacre_in_mazar 35 Francis ��FUKUYAMA, “Europe vs. Radical 47 Jayshree BAJORIA, Afghan Rage over Quran Islam”, Slate, February 27, 2006, http://www.slate.com/ Burning, April 5, 2011, http://www.cfr.org/afghanistan/ articles/arts/books/2006/02/europe_vs_radical_islam. afghan-rage-over-quran-burning/p24584 single.html 48 ��Christine FAIR, op.cit. 36 Ibidem. 49 A Week in the War: Afghanistan, idem. 37 ��Mustafa NAJAFIZADA, Afghans Avenge 50 Afghan Rage over Quran Burning…, idem. Florida Koran Burning, Killing 12, http://www.nytimes. 51 ��Christine FAIR, op.cit. com/2011/04/02/world/asia/02afghanistan.html?_r=2 52 ��“Innocence of Muslims: a dark demonstration 38 Christine�� FAIR, Explaining the inexplicable: of the power of film”, The Guardian, ��http://www. murder at Mazar, April 4, 2011, http://afpak. guardian.co.uk/film/filmblog/2012/sep/17/innocence- foreignpolicy.com/posts/2011/04/04/explaining_the_ of-muslims-demonstration-film inexplicable_murder_at_mazar 53 The Mercy of Prophet Muhammad, September 39�� Mustafa NAJAFIZADA, op.cit. 13, 2012, http://www.huffingtonpost.com/kamran- 40 Idem. pasha/the-mercy-of-prophet-muhammad_b_1879601. 41 Robert�� DREYFUSS, Afghans and Floridians: html Extremism Builds Extremism, April 2, 2011, http://www. 54 Bobby GHOSH, The Agents of Outrage, thenation.com/blog/159658/afghans-and-floridians- September 13, 2012, http://world.time.com/2012/09/13/�� extremism-builds-extremism the-agents-of-outrage 42 ��Sam KERBEL, The Satanic Adversaires: Self- 55 “Innocence�� of Muslims: a dark demonstration of Censorship and the Rushdie Legacy, http://www. the power of film”,idem . columbia.edu/cu/current/articles/spring2009/kerbel. 56 “Innocence of Muslims” sparks violent protests, html Anti-Islam YouTube video, http://www.abc15.com/dpp/ 43 ��Gayle TZEMACH LEMMON, Afghanistan, news/national/anti-islam-youtube-video-innocence-of- pushed to the edge, April 4, 2011, http://edition.cnn. muslims-sparks-violent-protests#ixzz27MuGxssV com/2011/OPINION/04/04/lemmon.afghanistan. 57 Idem. protests/index.html?iref=allsearch 58 In Egypt, an Anti-Islamic Film as a Political 44 “Afghanistan�� at the Crossroads: Insights on the Tool, September 14, 2012, http://www.stratfor.com/ Conflict. A Koran Burning and Social Unrest”, A Week analysis/egypt-anti-islamic-film-political-tool in the War: Afghanistan, March 30-April 4, 2011, http:// 59 “Innocence of Muslims” sparks violent protests, www.stratfor.com/analysis/week-war-afghanistan- idem. march-30-april-4-2011 60 ��Guest Blogger for Steven A. COOK, Hello, West? 45 ��Christine FAIR, op.cit. It Really is About the Movie, September 19, 2012. 46 ��Anna BADKHEN, Massacre in Mazar, 61 Bobby GHOSH, op.cit. April 1, 2011http://www.foreignpolicy. com/

STRATEGIC IMPACT No. 1/2013 127 POINTS OF VIEW THE NEW MEANING OF NATIONAL SECURITY CONCEPT FROM THE ENERGY PERSPECTIVE

Laurenţiu Victor PACHIU*

Energy has become a global and central asset for any community. Being a crucial source 1. Energy security from a historical for the development of human society, but also a perspective tool of politics and geopolitics, ensuring energy security requires reaching a proper preparedness The global energy security dilemma marking and responsibility by the actors involved. In what the beginning of the 21st century embodies several Romania is concerned, the advantage given by elements foreshadowing fundamental and long- its favorable geostrategic position and by the lasting changes in the philosophy, geopolitics presence of natural resources on its territory, as and legal principles that govern it. We hereby well as the recent regional/global evolutions in refer to the entire array of problems, starting the energy sector, should represent a sufficient with the challenges associated to the depletion incentive so the strategies and political action of conventional resources, the need for resource regarding energy matters shift to a more realistic, diversification, the security of production, transport mature, consistent and visionary level. “Geological and demand, the efficiency of energy consumption, Romania” offers a chance in terms of transforming transparent and genuine competition and last, but Romania in a powerful and credible international not least, ensuring environmental balance. partner. However, in order to accomplish this, an The 20th century (and most significantly its first active approach of the energy security challenges half) firstly saw energy security as a component of is needed. This article is a recommendation military (defense) and economic security, the oil for immediate action aimed at structuring and crisis of the seventies propelled the energy issue implementing a clear and viable energy security at the forefront of political agendas worldwide, concept as a matter of Romanian policies, strategy becoming a per se security commandment, a vital and statutes, particularly in regard to the recent factor in ensuring the inherent security of society as proposed draft amendment of the national security a whole. Energy security, as a dimension that needs laws. to be perceived differently for each state, economy, Keywords: energy; security; national security region and market in part, already deems itself as laws; critical infrastructure. the gravity center of all other security elements

* Laurentiu Victor PACHIU is the Managing Partner and founder of “Pachiu & Associates” law firm, coordinator of Public Private Partnerships and Finance and Oil&Gas Divisions of Energy Department within the company. E-mail: [email protected]

128 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW

(political, national, economic, social, military, know-how necessary for its development. The environmental, food etc.). Chronologically testimony for such dilemma resides in the already speaking, we are still at the onset of an “energy traditional, circumstantial and superficial, political era”, when the security of an actor (state or non- and legislative approach, of the national energy state) is achieved solely at the expense of another resources exploitation; and also in the way actor. However, the technical and technological Romania is positioned within the European and progress and the global dimensions of economic regional energy and political context. and social interdependencies, which are engulfed Obviously, the Romanian “mine laws” of the and promoted at every community level, become first half of the 20th century (which also covered oil accelerating factors and lead to dramatic changes. and gas production), through their almost exclusive Any debate regarding Romania’s energy security political substantiation (see the liberal “by must benefit from and should be grounded ona ourselves” doctrine opposed to the “open gates” historical perspective of the country’s experiences. Christian-democratic doctrine) were not able to This is because for almost half a century (from the cast forward the full geopolitical potential of a first end of the 19th century to the beginning of the 20th rang hydrocarbons producing country. They did so century), Romania was part of the major league of only in a circumstantial, non-strategic, short-term oil-producing countries. manner, without taking into account the broader Approximately 100 years later, Romania (as a continental and global challenges. The mining and geographical and geological area and by no means petroleum laws were substantially amended once as a society) has the chance to become again a with every political regime change. From a strictly crucial factor in the evolution of energy security historical perspective, this legislative instability realities and strategies around South East Europe, and incoherence was somehow explicable, given the Black Sea region and others. the fact that the energy supply-and-demand A major contribution to this new geopolitical equation was not as complex as it is today (the and geoeconomical environment is made by the Hubbert curve was still in its ascending phase). potentially significant shale gas reserves (“the new The energy security concept was, practically, energy revolution”), the hydrocarbon reserves in inexistent. The political foreshadowing capacity the Black Sea shelf and other mineral resources regarding the energy factor was limited to defense relevant for the energy equation. Basically, imperatives and respectively to the provision of Romania could complement in a logical manner financial resources from oil revenues necessary the energy crescent represented by the potential for the development of industry as a whole (at the discoveries and energy resources in the Black time Romania being predominantly an agrarian Sea, the Mediterranean basins (Cyprus and Israel) country). and the Caspic region. The projection of these The historical significance of every regulatory geological and geoeconomical facts against the deed does not reside in the capacity of addressing background of an increasingly precarious balance some immediate, or predictable, interests of the of the European energy security – precariousness actors involved (governing and/or governed), derived from the EU Member States’ insecurity of but in its ability to respond to several complex, energy supply, from the relation of dependence, or, unpredictable and long-term challenges, without better said, “interdependence”, with the Russian affecting the stability and the economical, social Federation, from the complexity of configuring and cultural development of the state. Reaching the energy supply routes and last but not least, such a degree of regulatory appeasement claims from the absence of a consistent, uniform, well- an adequate, non-ideological, visionary and connected to present and future challenges concept consistent underlying of any strategically- – transfigures Romania’s potential geopolitical and important regulatory initiative. geoeconomical advantages in challenges thrusting Regrettably, in its short history as a democratic at its national security. state and free market economy, Romania was The defining features of the Romanian energy unable to conceptualize and define an energy policies mostly revolved around the predicaments security strategy which would establish itself in relation to the industry’s national character and as a cornerstone for all the regulatory initiatives to the insufficient financial resources and technical taken in the energy field and, implicitly, to ensure

STRATEGIC IMPACT No. 1/2013 129 POINTS OF VIEW a long term reap of Romania’s geopolitical and In order to facilitate a better understanding geoeconomical advantages. of the elements comprised in this concept, we A series of disfunctionalities affect the would like, first of all, to analyze the factual and Romanian national security, such as: (i) keeping institutional evolutions circumscribed to it within on a stand-by, for the past five years, without Romania’s geopolitically relevant area. being implemented, the National Energy Security Strategy (initially adopted for 2007-2020, updated 2. Energy security at EU level for 2011-2020, the document still being in need of major improvements), (ii) the appraisal of The historical legacy of a union established priorities in terms of strategy and security through precisely on an energy security groundwork ad-hoc Government or SCND (Supreme Council (European Coal and Steel Community, founded of National Defense) meetings (without as much in 1952), bestows upon the European Union a as having defined the concept of “energy security” tradition of interest and experiences in the field in a clear manner), (iii) the constant surprise factor of energy security. Thus, it helps the EU deepen brought forth in the implementation of some cooperation and solidarity in this field, even in regulatory deeds in the energy field, and considering the 27-members configuration, redressing and the outlook of potentially significant hydrocarbon promoting the relations with the energy supplier reserves (conventional and unconventional) on the and transit states on transparent and competitive Romanian territory, (iv) the regulatory proceedings coordinates. are surprisingly not aimed at a normative adaptation Energy security, initially perceived as the to the “new energy revolution” and a stimulation security of supply, was expressly mentioned both of such process, but at the “overtaxation” of oil in the European Constitution and Lisbon Treaty. companies, consequently discouraging investments We can assert that the main elements that draw in the field, or the indefinite-term moratorium on the up the present European energy security concept exploration of unconventional resources (as in the were established in 2006 and 2007 (being best shale gas case, even though the time span between outlined in the European Strategy for Sustainable, the exploration phase and the actual supply of the Competitive and Secure Energy and in the 20- pipelines with the energetic input ranges from 5 to 20-20 by 2020 Energy Strategy, adopted in 7 years). 2008) with the following provisions: security of Following the same unfortunate factual supply (resources and transport infrastructure), approach, the much-awaited amending process maintaining environmental balance, resource of the National Security law package (Law No. diversification (with an emphasis on renewable 51/1991 on the National Security of Romania resources) the development of interconnection and Law No. 14/1992 on the functioning of the grids, energy efficiency, energy storage, Romanian Intelligence Service) – a nodal point competition and transparency on the energy market, for any national security-related proceeding the reinforcement of energy solidarity among – was launched. However, the term “energy” the member states, supply crisis management, was not included in the text of these draft laws. energy interdependence (as a balance between Hilariously, the aforementioned 2007 – 2020 supply-and-demand security), international and energy security strategy includes such energy regional cooperation and especially the intra- strategy in the “national security” concept. Hence, communitarian cooperation, in order to attain a the so-made alteration deeply affects the main common external energy policy, all intended to authorities’ capacity (the intelligence services and secure the transition to a modern economy based their beneficiaries) to ensure, in fact and by large, on low carbon emissions. Romania’s energy security, as a fundamental part Currently, EU’s energy security policy is of national security. undergoing a full crystallization process. If the Before dealing with the particular topic of this main strategic guidelines are already set up, the paper, namely energy security as part of national implementation process is hindered by several security in the new regulation of the national factors: the member states’ different levels of security laws, we consider it proper to clarify what import dependency, the different mixes of energy needs to be understood through “energy security”. they use, the insufficient interconnections of the

130 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW national energy systems, the different national energy policy remained the only instrument by energy demand levels and the preferred domestic which the Russian Federation is still able to project resources, the member states’ different economic its geopolitical force in terms of “Realpolitik” development levels and the members’ different (Gazprom, Transneft and Rosneft being recently priorities, as an effect of several geopolitical included in this framework). Consequently, the power poles within the Union (France, Germany, challenges for the European energy security are Italy). However, through the joint effort of the becoming more complex. member states, a series of strategies and coherent The success of the Russian policy in its relation targets aimed at securing energy security have to the EU is based precisely on the bilateral been outlined: the establishment of energy supply approach of the energy issue, to the detriment of securing mechanisms at community and national the community-level approach, with each member levels, the comprisal of the energy issue in the state in part (“divide et impera”), and in particular, Common Foreign and Security Policy and the with the European economical, political and large cooperation between EU members and non- energy consuming poles – Germany, France and members for the purpose of ensuring the security Italy. The preferential treatment by Russia of the of the critical infrastructure supply routes. Going major energy topics with only a few European beyond guidelines, entrenching the energy security poles of power is likely to affect “New Europe’s” concept and, especially, a set of common policies energy security (for Brussels) and Russia’s “Near at the EU level are still met with reluctance, Abroad”, namely the Central and Eastern European depending on each state’s different degree of states and the Balkans. import dependency. The public, accessible elements which The European Union is, by excellence, heavily demonstrate the imbalance of the EU-Russia dependent on energy imports. 80% of the energy relation are depicted by the maintenance of long- consumption at community level is based on coal, term, “take-or-pay”3 supply contracts, (high) oil and natural gas, of which, on average 50% is monopoly prices, the supply infrastructure routes covered by imports. It is expected that this number coupled to Russia’s geopolitical interests, the lack will go as high as 65% by the year 2030. 40% of the of reciprocity in admitting Western investments in gas consumption at EU level comes from Russian the Russian energy sector, the refusal to engage imports, and it is forecasted that this dependency Russia in the European energy mechanisms – i.e. level will increase up to 80% by 2030.1 the refusal to implement the European Energy Statistically, EU shows the largest dependency Charter Treaty – and last, but not least, Russia’s in what concerns natural gas imports. This interposition in EU’s relation with the energy- dependency is said to increase, considering that supplying countries in the Caucasus. If Iraq gas is a “fuel of choice” for electricity production, experienced the “oil for food” program, we can given its lower-than-coal carbon emission levels say that in its relation with the Russian Federation, and its relatively lower exploitation costs. As a Europe experiences the “gas for European consequence, EU’s energy security is strongly solidarity” program. connected to the natural gas component. The European Union managed, however, to In this context, EU’s energy security and outline a concept along with a vast and thorough the security of a large number of its members is legal and institutional framework. The pace in this undoubtedly attached to the Russian Federation direction is steady. We have to notice, however, and to the hydrocarbon imports from this country. that, parallel to this process, the European states This dependency was poignantly manifested by still have to apply their own security policies, as an the actual reflection of the Russian energy policy expression of their sovereignty. We have to keep instruments in the form of reducing and even in mind that these policies should not affect the freezing gas exports to Belarus in 2002, 2003, European solidarity and energy security. 2006 and 2010, the Ukrainian gas crisis in 2006 To conclude, the European energy security and the Georgian War. As�� Russian economic policy is centered on the security of energy supply, insecurity grows2, so does, in a proportional competition and environmental protection, the manner, ��the promotion of the Russian energy main challenge it has to deal with being in the realm policy as a main foreign policy element. The of factors outside the EU. The concept needs to be

STRATEGIC IMPACT No. 1/2013 131 POINTS OF VIEW rendered into real and consistent policies. Taking submission of the big oil companies (active in into consideration the fact that the energy issue has the production and transportation sector) under become a foreign policy instrument, de facto and Kremlin’s direct authority, the incumbency of de jure, for these external factors, the EU will also obtaining FSB’s approval for any transaction have to include the energy security problem on its which regards changes of /in control in the strategic foreign and security policy permanent agenda. branches of the Russian economy (implicitly in the energy sector) – to mention just a few – puts the 3. Energy security for the Russian Federation energy security topic in the conservative realm (or, better said, traditional) of state security. It If for the European Union (and other regions on is widely known that the energy instruments for the globe) one of the main components of energy projecting the Russian Federation’s geopolitical security lies in the security of hydrocarbon supply, interests revolve around several actors in the for the Russian Federation this would be translated “intelligence” area. It is also a fact that among – as in a mirror – by ensuring the external outlets the executives of the Russian energy companies for the oil and natural gas produced in Russia, or the management boards also include people in the resold by the Russian companies, with the purpose government administration. Consequently, it may of financing other economical sectors (in 2009, be inferred that (in many cases being obvious), 80% of Russian oil exports and 70% of the natural in order to provide consistency, discipline and gas exports were directed towards the EU states)4. orientation to such organizations, the main part Given this context and adding to the rigidity of of the personnel of such companies is linked to the gas transportation system that connects the EU the intelligence field (the so-called “siloviki”). A and Russia (rigidity that does not allow the option series of developments related to the attempts of of source diversification for the EU, such as the several EU member states to promote alternative Caucasus, on one hand, and restricts the opening sources of energy which would compete with the of new outlets for the Russian Federation, on the strategic energy product of the Russian Federation, other) it is obvious that we are actually bound in an include elements specific to the confrontations interdependency relation (relation that comes under in the world of intelligence services. According the heel of Russia’s periodical tough and volatile to analyst Andrew Monaghan, researcher at the quirks). The Russian Federation, dependent of its NATO Defense College, “oil became for Putin own hydrocarbon resources can become a threat to what nuclear warheads meant for the USSR.”6 its own energy security, once the use of reasonable- Naturally, the “intelligence” component is not priced unconventional oil and gas resources (shale exclusively associated to energy politics and to gas and shale oil) would become widespread. Russian companies (although in their cases it has The Russian Federation has an express definition the tendency to become widespread), therefore for the term “energy security”, in a regulatory form. becoming an important factor for any party, be The Russian Federation’s Energy Strategy, adopted it state or non-state, as the energy issue can be in 2010 by Government Resolution, defines the regularly found on the forefront of the states’ energy security as the “state of protection of the policy and security agenda. country, its citizens, society, state, economy from the threats to the secure fuel and energy supply” in 4. Energy Security and NATO the sense of ensuring “the full and secure provision of energy resources to the population and the The energy security topic has started to raise economy on affordable prices that at the same awareness at NATO level in a perspective broader time stimulate energy saving, the minimization of than in terms of defence. Former NATO Secretary risks and the elimination of threats to the energy General, de Hoop Scheffer, insisted on the member supplies of the country”.5 states to consider adding energy security on the As far as politics is concerned, the Russian alliance’s agenda ever since the alliance’s Munich Federation took the matter of energy security to a Conference on Security Policy (2006). specific and more pragmatic level. The designation As far as NATO is concerned, most of its of oil and gas reserves data as state secret, the European continental members bear the risk to

132 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW become dependent on imported hydrocarbons, Croatia in 2011 that energy security has gradually the alliance’s political documents indicating a become an issue of major concern for the alliance. growing concern in relation to “vital resources”, Shea stated that “energy security is a strategic topic and estimating the disruption of the supply chain for the alliance and a key element on its agenda to become one of the major threats for the alliance (...), since mutual dependence shall be turned into for the following 10-15 years. mutual diversity.” The alliance’s strategic concept defined in NATO’s military dimension and the political 1999 (paragraph 24) opened the way for debates and economical volatility, in some cases extreme, regarding the integration of the energy security of the hydrocarbon supply and transit areas may issue (i.e. “providing the alliance’s vital resources”) explain the rather slow pace at alliance level in into the central legal framework underlying the establishing firm strategic competences in the field alliance, namely the collective security concept set of ensuring the energy security of its members. under articles 4 and 5 of the alliance’s Treaty. Disputes between states have quite often been Ever since the Riga summit and further on at engendered or exhibited by pressures in the energy the summits in Bucharest, Lisbon and Chicago, area (supply or transport infrastructure), the NATO admitted that the disruption in supplying critical situations being sometimes on the verge of vital resources to the member states is an obvious an armed conflict. threat to the alliance’s security interests. The Such context hinders the integration of the energy report “NATO’s role in Energy Security”, released security issue within the institutional privilege of at the NATO summit in Bucharest, in 2008, the alliance, as an element that may trigger the identified the areas to which the alliance may enforcement of Article 5 of the alliance’s Treaty. bring its contribution: information and intelligence The awarding of a military-strategic dimension to centralization and distribution, designing stability, energy security is thus being considered a potential promoting regional and international cooperation, factor for aggravating any conflicting situation supporting consequence management, supporting arisen from the overlapping of any interests in the the protection of critical infrastructure7 (mainly energy area. against terrorist threats). So far, the regulatory conceptualization of NATO has already made several small steps energy security at the alliance level is mainly towards the institutionalization of the energy connected to elements pertaining to marine security issue at alliance level. Consequently, in security and critical infrastructure, the coordination 2007, a “task force” dedicated to energy security between the military and the political level of the was established, dealing with the identification of alliance giving rise to certain hesitations in defining elements that may be addressed by the alliance in a concept and a uniform policy in this field. terms of ensuring energy security. It is however obvious that, except for several The conclusions of the Chicago Summit cases such as the Georgian-Russian war, state in 2012 were that a stable and durable supply, participants tend to increasingly avoid settling the diversification of routes, supply sources, tense situations in the area of energy security interconnectivity of energy grids and diversifying through military means. In such context it seems the energy mix remain factors of utmost importance. however inevitable that the global geopolitical As a result, the alliance aims to further integrate the dynamics – the energy security element becoming energy security issue in its policies and activities. central and strategic – shall determine the The immediate tangible objectives on such train deepening of the political dialogue on energy of thought are an increase in energy efficiency topics within the alliance as well as within the for the military forces, the protection of critical alliance-partners relationship (first and foremost infrastructure, the establishment of a Centre of on the North-Atlantic axis, EU and the Russian Excellence for Energy Security accredited by the Federation, respectively). On top of this, practical alliance in Lithuania, and a request addressed to steps are taken in view of setting the base for the alliance’s Council to develop and state NATO’s energy security, inclusively, as indicated above, by role in the field of energy security. means of centralizing and sharing intelligence and General Deputy Secretary, Dr. Jamie Shea, also information at alliance members’ level. highlighted during a top level conference held in

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5. A definition for energy security question from the present context of globalization- related interdependences, towards protectionism The first “political launch” of the energy and economic isolation. “Energy independence” security notion is deemed to belong to the former must be understood as a state’s capacity not to British Prime Minister, Sir Winston Churchill, who become vulnerable to imported energy sources acknowledged energy security as being dependant (by diversifying its supply sources, by having the on the variety of oil sources (to his credit, the capacity to be resilient to shocks in supply and by concept is still applicable nowadays, being participating to stable energy markets). however adapted by adding “resource variety” as a The European Commission defined energy component of energy security). security as “ the capacity to cover the essential The issue of energy security conceptualization and future energy demand, both by means of has started to spread concern in political appropriate internal resources obtained under environments and to be integrated in the debates acceptable economical conditions or preserved in the realm of international relations theory ever as strategic resources, and by resorting to stable, since the 1990s. The so-called “Copenhagen external and accessible supplemented sources, School”, represented by Barry Buzan, was the first where appropriate, with strategic stocks.”11 theoretic movement in the field of security issues We believe that energy security may be defined which extended the security concept from military as that significant part of a state’s national security, matters on to economic social, cultural, ecological consisting in a set of political, economical, legal and energy related matters. and institutional measures intended to ensure, at For American authors interested in security, any time, its untroubled and balanced supply from energy security has often been related to the various sources and at reasonable prices, with assurance of “maritime security” of energy various energy resources, in view of covering its transport routes8 and generally to the transport own need and capitalizing any excess resources, infrastructure security. under transparent and competitive conditions, as Other authors define energy security as “the well as the measures intended to develop new provision of sustainable and safe resources at energy resources, to provide the security of its reasonable prices”, or as “that circumstance when energy infrastructure, all such while preserving a nation and all or the majority of its citizens and ecologic balance and energy efficiency, stability companies have access to an abundance of energy and cooperation in the spirit of international resources at reasonable prices for the predictable commitments. future, without the serious risk of a major disruption”.9 6. Energy security seen from the perspective Some other authors estimate that this concept of Romanian security encompasses a plethora of factors impairing the supply and the demand for energy resources, with Traditionally, as far as Romania is concerned, the involvement of several state and non state national security has been revolving around actors, the significance of the concept varying several constitutionally entrenched principles such from one state to another, relative to geographic as sovereignty, the unitary and indivisible nature position, geologic resources, international relations, of the Romanian state, etc. political and economical systems, energy related Article 1 of the National Security Law No. vulnerabilities, energy consumption structure and 51/1991 defines national security as “a state of economical development strategies.10 social, economic, and political legality, equilib- Energy security was often mistaken for rium and stability that is necessary to the existence energy independence in political debates. Such and development of the Romanian national state equivalence requires however a critical perspective – a sovereign, unitary, independent and indivisible and a fine tuning (mainly in terms of discussions state, to the maintenance of legal order as well as taking place in Romania). Absolute energy of the climate for the unhampered exercise of the independence understood as meeting a state’s fundamental rights, freedoms and duties of the citi- energy demand strictly from its own resources, zens, in accordance with the democratic principles would mean a complete separation of the state in and rules provided by the Constitution.”

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The Romanian Energy Strategy provided such as “vital”, “strategic”, “of national interest”, (in a rather shallow approach) that “the energy are not at all defined (although widely used) in strategy has implications on the national security, the Romanian legislation. Basically, the use of being regarded as the security in providing the such ambiguous concepts enables their injection balance between demand and production, energy with political or short term informational content, efficiency, diversification of resources and routes, which, as proved, may be extremely dangerous the limitation of imports dependency and the for the national security in terms of threats and security of infrastructure.” actual risks. It must not be presumed that in terms The Explanatory Memorandum of the initiator of national security and, specifically, of energy of the Draft amending Law No. 51/1991 on national security, the competence of institutions with security acknowledges12, inter alia, that “economic attributions in the intelligence area can be limited security and energy security in particular, by the vacillating effect of political directions and acquired new valencies regarding the control over priorities, by the interpretation of one or another resources.” Despite such findings, the draft law court or even by the own interpretation of the contains no reference to the energy issue. intelligence bodies. Overall, the Romanian political and media Similarly, a faster pace is set to the dynamics speech narrowly brought into discussion the energy of national security factors and to the geopolitical security topic strictly in energy terms, stress being strategies intended for the provision of the security laid on elements related to the security of supply, of in question. In other words, what we nowadays transport routes and on resource diversification etc. call “of national interest”, “vital” or “strategic”, However, one cannot deny that energy security is a may change its meaning tomorrow. Naturally, we central aspect of national security being therefore do not suggest the removal of such concepts (for relevant in terms of “intelligence” activities. instance, water is certainly a strategic resource of The most important article of the draft national interest, although we believe there are still amendment to the national security law (Article 3), few people understanding such aspect or the future the core of such regulatory deed which details the security challenges in relation to it), however such threats to national security and basically marks the must be defined as accurately as possible and scope of competences of state bodies with duties connected to several stable strategic landmarks. in the national security field, makes no reference We believe that nothing related to the national to the energy issue. energy security can and may be allowed to become It may be argued that the aspects in relation to subject to vacillating interpretations. On the energy security find an indirect approach under contrary, it deserves a special, express regulation item 12, Article 3, with reference to the risk and within the national security Law. Energy security the threat to national security represented by is a fact that must outdo political fluctuations, the “endangering of economic security”. Such different strategies of political actors, being in fact, provision mentions “vital economic resources”, a challenge, but at the same time a recurrent, active “strategic economic interests”, “economic or latent geopolitical weapon, in tune with global resources of national interest”, as elements related evolutions. to the national economic security. Moreover, last year, the National Intelligence With respect to this regulation, namely the Service was among the few state bodies to publicly draft ammendment to the national security law, we display a visible interest in the field of energy have the following critical perspective in terms of security through its capacity to analyze, predict and national energy security. consistently act, as well as to efficiently cooperate The overall inclusion of a loose, resumptive with external partners. and itemized language within a regulation will Because of these reasons at least, the energy undoubtedly entail various interpretations that may security concept, in its widest sense (and not from a even lead to the ineffectiveness of the regulation narrow perspective relevant only to the intelligence itself. field), must be explicitly included in the new set of Secondly, although it may be argued that laws on national security. An intelligence service the term “resource” would also include energy must hold express powers with a view to ensure resources, the concepts related to such notion, an undisturbed and balanced supply of energy

STRATEGIC IMPACT No. 1/2013 135 POINTS OF VIEW resources, to ensure the critical infrastructure’s Specific competences assigned to state authorities security, the ecologic balance, the innovation in with duties in this respect (we are referring not terms of new energy resources, the international only to intelligence services) will help maintain cooperation in terms of energy security, both from the implementation progress of such strategy, the perspective of internal and external challenges. contributing to the appeasement of many Naturally, such legislative takeover will have a conflicting feelings, on strategic matters, in the number of benefits: it will provide the necessary Romanian politics. impetus for the political factor (beneficiary) in Therefore, it is a matter of the utmost urgency approaching in a substantiated way the energy to introduce a comprehensive national energy issue in general, it will lead to the geopolitical security concept in the set of laws on national capitalization of the Romanian potential in this field, security, as well as within the medium and long to the consolidation of the state of “preparedness” term national energy strategy and, preferably, to on the geopolitical level and within the anti engagingly accommodate such concept into the terrorism area and, hopefully, it will contribute to political formations’ platforms. Subsequently, the the completion and political implementation of the understanding and the assimilation of such concept national strategy in the energy field. on the larger scale of civil society will be ensured.

Conclusions NOTES:

As energy resources ensure the survival of an 1 European Commission, EU–Russia Energy entire society, following the same logic, national Dialogue, ��The Tenth Progress Report, November 2009, pp. 4–6, http://www.enpi-info.eu/library/content/eu- security would lack content and reasoning in the russia-energy-dialogue-10th-progress-report, retreived absence of the energy security component. From on January 24th 2010. a layman’s perspective, what would be the use for 2 ��The Russian political factors are well aware of such provisions of national security law on the national aspects: the Russian economy’s shortcomings and major cybernetic system, if such cannot work unless structural imbalances, corruption, the demographic imbalance, the infrastructural and technological supplied with energy? What is the use to discuss handicap of the energy industry (Russia being exposed political programs or national strategies for the not necessarily to a shortage of hydrocarbons, but diversification of energy sources/resources as long to a shortage of cheap hydrocarbons), the energy as we do not have the capacity to react to factors industry’s nationalization and its transformation into a opposing such policy? What is the reason to debate geopolitical weapon instead of its modernization, even in cooperation with international oil companies, the on the security of human fundamental rights and increase in the domestic energy demand and the large liberties (as a component of national security), subsidization of the energy resources. if in the modern society nowadays such liberties 3 Under a take or pay contract a Buyer is obliged cannot be basically exercised in the absence of the either: provision of energy resources? (a) to take delivery of and pay for an agreed minimum quantity of gas in the course of a year; or Nowadays, as we have no coherence and no (b) in the event that the Buyer does not take that quantity, concrete actions taken by the responsible political to pay for the difference between the agreed quantity of actors, then it is imperative to at least outline, by gas and that actually taken. including a specific regulation into the National 4�� European Commission, EU–Russia Energy Security Law, the tactical and competence Dialogue, ��The Tenth Progress Report, November 2009, pp. 4–6, http://www.enpi-info.eu/library/content/eu- framework necessary for ensuring the country’s russia-energy-dialogue-10th-progress-report, retrieved energy security and the Romanian intelligence on January 24th, 2010. services’ capacity to analyze, act, react and 5 ��Ministry of Energy of the Russian Federation, cooperate with external partners in the field, in “Energy Security of Russia for the period up to 2030”, tune with the conceptual, political and institutional Moscow, 2010, p. 28, http://www.energystrategy.ru/ projects/docs/ES-2030_(Eng).pdf, retrived on February evolutions which occur, as shown, at these partners’ 12th, 2013. level. 6 Monaghan, Andrew, “Russian Oil and EU Energy Obviously, a widely recognized energy security Security”, Defence Academy of the United Kingdom, concept will also enable the development of a Conflict Studies Research Centre, Russian Series 05/65, clear and substantiated national energy strategy. November 2005.

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7�� Ministry of Foreign Affairs, Romania’s Permanent Centre, Russian Series 05/65, November 2005. Delegation to NATO, România în NATO, Securitatea 4. NINCIC, Donna��,�� “Troubled Waters: energetică, http://nato.mae.ro/node/430, retrieved on Energy Security as Maritime Security”, in�� LUFT,�� December 11th, 2012. 8 Donna NINCIC��,�� “Troubled Waters: Energy Gal; KORIN,�� Anne�� (coord.) Energy Security Security as Maritime Security”, in LUFT, Gal, KORIN, Challenges for the 21st Century, ABC Clio, Santa�� Anne (coord.), Energy Security Challenges for the 21st Barbara, 2009��. Century, ABC Clio, Santa Barbara, 2009.� 5. SKINNER, Robert; ARNOTT, Robert, 9 Barry BARTON, et al., Energy security: managing EUROGULF: an EU-GCC dialogue for energy risk in a dynamic and regulatory environment,�� Oxford�� University Press, Oxford, 2004�. stability and sustainability, Oxford Institute for 10 Gal LUFT��,�� Anne KORIN��, “Energy�� Security: in Energy Studies, 2005. the eye of the beholder”, in LUFT, Gal, KORIN, Anne, 6. ***, ��European Commission, EU–Russia Energy Security Challenges for the 21st Century, ABC Energy Dialogue, ��The Tenth Progress Report, Clio, Santa Barbara, 2009.� November 2009, pp. 4-6, http://www.enpi-info.eu/ 11 Robert�� SKINNER; Robert ARNOTT, EUROGULF: an EU-GCC dialogue for energy stability library/content/eu-russia-energy-dialogue-10th- and sustainability. progress-report 12 Draft Law on the amendment and completion of 7. ***, European Commission, EU-Russia several regulatory deeds in the field of national security, Energy Relations, http://ec.europa.eu/energy/ initiated by Deputy Cezar Florin Preda, in the form international /russia/russia_en.htm adopted by the Chamber of Deputies on November 3, 2011. 8. ***, Draft�� Law on the amendment and completion of several regulatory deeds in the field BIBLIOGRAPHY: of national security, initiated by Deputy Cezar Florin Preda, in the form adopted by the Chamber 1. BARTON, Barry et al, Energy security: of Deputies on November 3, 2011. managing risk in a dynamic and regulatory 9. ***, Ministerul Afacerilor Externe, environment,�� Oxford�� University Press, Oxford,� România în NATO, Securitatea energetică, 2004�. Delegaţia permanentă a României la NATO, http:// 2. LUFT, Gal; KORIN, Anne, “Energy nato.mae.ro/node/430. Security: In the Eyes of the Beholder”, in LUFT, 10. ***, Ministry of Energy of the Russian Gal, KORIN, Anne (coord.), Energy Security Federation,�� “Energy Security of Russia for the Challenges for the 21st Century, ABC Clio, Santa period up to 2030”, Moscova, 2010, http://www. Barbara, 2009. energystrategy.ru/projects/docs/ES-2030_(Eng). 3. MONAGHAN, Andrew, Russian Oil pdf, retrieved February 12, 2013. and EU Energy Security, Defence Academy of 11. ***, Law no. 51/1991 on national the United Kingdom, Conflict Studies Research security of Romania, published in the Official Gazette no. 163, of August 7th , 1991.

STRATEGIC IMPACT No. 1/2013 137 POINTS OF VIEW REACHING SET-TARGETS IN MULTINATIONAL NEGOTIATIONS. FORMAL VERSUS INFORMAL DEBATES IN NATO

Anamaria IORGA*

Everything is important in fulfilling one’s tasks finally are able to merge perfectly and tell a story, in a defence international environment. However, in accordance. And one of my biggest lessons the art of making oneself understood and listened learned was to notice that each peace of the puzzle to is of utmost importance since, if not performed has a game to play and that it has to be treated in accordance, it might put at risk all the other in accordance. Otherwise, it will always choose to elements. Several items need to be known and turn against the successful closing of the puzzle. assumed by the negociator before getting an My experience in sitting at the round table of international position for the first time. The negotiations within one of the most important current study gathers what the author considers defence committees in the Alliance (Defence as being some of the most important elements in Policy and Planning Committee) has also taught multinational negotiation and is mainly based on me that taking part to long sessions of debates, personal observations and lessons learned. From not once exceeding 10-12 hours, requires a lot of this perspective, its purpose is that of providing dedication. And I remember my assumed decision assistance to young diplomats in offering a to try to understand the rules of the process being glimpse of what they might encounter when being played, that impose a thorough reading of the text, appointed to an international position. a solid knowledge of the sensitivities associated Keywords: negotiation; cooperation; reaching to all attendees to the negotiation and, in the end, objectives; colleagues; national mandate; the identification of a phraseology that serves international environment; promoting national all those taking part to the process. And, if time interests. and space allows, try to contribute to moving things further, while, of course, supporting and Introduction protecting national interests. This study is about this experience, of three years now, dedicated to Getting to yes in a multinational environment long negotiation processes in formal and informal requires many skills ��and a lot of patience. One has sessions, to bilateral discussions with colleagues to be extremely cautious in correctly evaluating around the table. It is about personal observations each player’s weight and then in understanding and lessons learned by the author. where things as a whole go to. It is like building In order to be able to read the text through up a puzzle out of pieces that seem disparate, with the right lenses, I will here remember several absolutely no connection in between, but that essential elements with regard to the evolution of the Alliance. North Atlantic Treaty Organisation

* Anamaria IORGA is civil servant within International Defence Cooperation Directorate from Romanian Ministry of National Defence. E-mail: [email protected]

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(NATO) was launched in April 1949 and, from that personal experience of the representatives around point on, has gone through several transformation the table, efforts in preserving current performances and reengineering processes, including the increase while enhancing other abilities, ability to face the of number of member states. Currently, there are realities of current international environment. It is 28 member states with equal rights and several a courageous, long lasting endeavour, sprinkled dozens partner states, for which have been created with frustrations, that, not once, has no direct various mechanisms or formats of cooperation. benefit to offer. Although due to the transformation processes, the Multinational negotiations in NATO are build Alliance has suffered during the years, profound on a rather rigid structure, preserving though changes, several elements that constitute the its flexibility to change, made out of very vivid backbone of the Organisation have remained components that have a life of their own. In the end, unchanged, including: the founding act, the North all that matters is reaching the set-targets. Because, Atlantic Treaty signed in 1949 and the consensus going back to our puzzle metaphor, sometimes not rule that is applied to all decision making process. even the completion of the puzzle as such matters, The member states are represented at the NATO but something else, beyond it, something so fragile level by Permanent National Delegations that and tender that only an entire puzzle structure can are coordinated by a Permanent Representative protect it (e.g.: jobs, national representation in or an Ambassador. Nations take part to the NATO, preserving national industry’s footage, Allied decision making process through national getting Allied funds, etc.). delegates that work within the Delegation and that, actually, represent the majority of national 1. The round table and the rigid structure organisations that bear interests in what NATO does. So, these national representatives are those 1.1. Member nations that hold the task of maintaining the dialogue All 28 member states in NATO are participants open between their capital and the Organisation, in the negotiation process on an equal footing. maintaining the obligation of supporting national Ever since the Alliance’s inception, decisions are interests at the level of the working committees taken by consensus at all levels, with very few they are assigned to and to inform, accordingly, the and rare exceptions. This gives each nation around national organisation they belong to of the changes the table the right to at least have a saying. In taking place at Allied level. fact, not all of them decide to use it, for various Going back to the introductory elements of reasons that might include: lack of interest on a the current study, we must mention here that certain topic/domain; a prior arrangement that what I believe true in both reform situations is gives enough satisfaction to the nation on the that from the very beginning of the work, final matters being discussed; designation (delegation) design was somehow pictured at a personal level to some other nations around the table of the right by many around the table. Otherwise, this entire to negotiate on the topic. Of course, not all nations endeavour would not have taken place. And I around the table that are expressing something on trust that no negotiation process in NATO starts the topic being negotiated have an interest, and without having a final big picture in mind. There not all interests are as convincing as the others. is always an initial text proposal that glances Most of the times, they are referred to during the towards a certain end-state structure. But it is the negotiation process as “strong” or “weak points”, time and effort spent by nations and international aiming though at the willingness to insist or not secretariats representatives within the Alliance on an idea. In other cases, other qualifications, like to reach that final goal that is being described in “on an (un)instructed bases…” show the strength this study, the struggle towards eliminating any and the significance of the intervention. possible disruptions in moving towards the new No matter the above mentioned nuances, it is architecture. This process has the ability to polish important to note that all interventions are relevant and alter initially pictured final design so that, in and carry out a message. I find a lot of sense in trying the end, the outcome fits everybody’s interests. to read some of the “not so strong” interventions, Needless to say that this struggle goes beyond, some of them pointing at a certain tendency in while also encompassing them, national interests, approaching a debated topic and, consequently,

STRATEGIC IMPACT No. 1/2013 139 POINTS OF VIEW a possibility of having a stronger intervention discussed and even fewer will, eventually, strive later, while others might simply show a lack of to influence final decision (out of these, even less, understanding of the topic as such. On the other will actually be able to). For now, I will simply hand, strong interventions, that are mentioned to come back to the representation part. have green light from the capital, should always be So, the member nations are the only ones taken into consideration, no matter what any other that bear a voting right and their representatives nation or representative around the table might are being addressed to in formal sessions not feel. At times, the chairman or some other nation by their names but by the name of the country makes an attempt during the meetings to test the they represent. They are sited at the table in the willingness of the country proposing a certain text alphabetical order of the nations they represent to be deleted. It is up to the solicitor if it wants or and presumably act on an instructed basis. (Of not to give up the text proposal, but in some of course, there are nuances; some of them have been the cases, giving up too easy to the text proposal, presented sooner). In informal sessions, national might show weakness. representatives are being addressed to by their Once, a national representative asked for a middle name and are asked to present insights certain paragraph to be added to the text and this of the positions previously expressed in formal request triggered an immediate reaction from sessions. Informal sessions, that I will also detail another representative that accused the solicitor later in this article, are the equivalent of the “off of having hidden interests and pointed at him in the record” saying in the media world. Whenever a rather strong argumentation. This reaction led issues require to be called by their name and the to the withdrawal of the initial proposal, with no formal diplomatic language needs to be left aside, additional comments from that nation. Discussing situation that often happens in tense negotiations, this incident with representatives from other with a lot at sake, informal working sessions are delegations after the meeting made me realise that required. The name tag of the country is left aside yes, by dropping too easy to the initial text proposal, and the person, not as a nation, is expected to give that national representative created the impression more information that can help negotiation process that he was not acting on an instructed basis. The move further. solicitor should have requested time to consult with the capital, leave the room for several minutes (to 1.2. Chairman and its secretariat let everybody think that he made a phone call to All committees, boards, working groups, the capital or to some national authority) and then etc. within NATO are chaired by a chairperson come back with the willingness to withdraw the that can be provided by one nation or can be a text. representative of the international staffs. In any Of course, in some other cases, national case, the chairperson is supported in his/her work representatives may sometimes chose to ask for by a small secretariat. Sometimes, there might also clarifications on a certain area with the simple intent be a vice-chairman. These persons act as facilitators of redirecting attention on what they think has been or mediators among nations and are responsible forgotten. I have witnessed a situation when, after for the good reflection of the discussions that have weeks of not having mentioned anything related taken place in the written texts provided to nations to a controversial phraseology that was important after the meeting (decision sheets). Needless to say to a nation, the very representative of that nation that, even if they have no decision making authority suggests as agreed language not reflected in and are always required to maintain neutrality on current revised version of the text the language he topics being discussed, they retain, of course, some was aiming at some time ago … and it passed (in ability in influencing final decisions. And most of “Allied” English – it “flied”). the times they will make use of it. This entire “game” actually is the one that Revised versions of the text being negotiated constitutes the core element of the negotiation are provided after each working session, if (some) process, the one that I will come back later to. progress is achieved. Otherwise, the text as such Important to mention here is that, in the end, out or only the parts of it that do not seem to reach of the 28 member nations represented around the an agreement are raised at an upper level, as a table, only few have a saying on the matter being “chairman’s report”. In DPPC’s case, the upper

140 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW level is the North Atlantic Council’s in Permanent order to achieve anything, the ones that have an Session level. So the Ambassadors, Permanent interest should always think about themselves as Representatives of Allied nations to NATO have being the creators of the puzzle and at least try to to decide. And most of the times they do and give impose this image on the others around the table, directions back to the DPPC, but in very few as well. occasions, issues are brought to a ministerial level (in formal or informal sessions, North Atlantic 1.4. Symbolism Council meets at defence ministerial level several Symbolism holds an important role during times a year). Sometimes, even heads of state negotiations. It is part of the rigid structure of and government that meet during Summits once NATO, even if it may be looked upon as to an every two years can be the ones to finally trigger unwritten rule as well. It is the one that covers an decisions. I haven’t yet encountered situations entire network of relations, starting from all NATO where a previously taken decision, so a DPPC initial associated symbols placed in the conference task cannot be implemented and in consequence rooms, the round table as such, the respect that “higher” authorities have to withdraw task. Even ought to be paid to the chairperson, to all the other if this scenario may be brought into discussions, representatives being present. I doubt that it will ever make a case. Going back It is the one that, for example, says that one to a ministerial or even higher level and to decide should only salute first persons situated at the that what has previously been agreed cannot be same level as he/she is in the other decisions, implemented would contradict the essence of the and wait for the ones at a higher level to make Organisation. the first move in this respect, no matter how well they are acquainted. Or that it is never polite to be 1.3. International staff representatives late to a committee meeting or miss some hours Other representatives may come around the table of it (if, nevertheless, it happens, apologies should or may chose to be in the conference room during be presented at the table during the first spoken the negotiations. They represent stakeholders intervention). Other such unwritten rules say that within NATO (agencies, peace establishment it is not polite to take the floor several times in a structures, etc.) that might have various interests in row and, if this happen, apologies should be, again, final decision: they may be customers or providers presented. of certain services or they may represent boards that cover financial or legal aspects within NATO, 2. Written and unwritten rules, formal versus etc. They have no decision-making authority, as informal. Where the rigid structure melts this right only belongs to the nations, but may influence, nevertheless, final decisions. Actually, The consensus rule brings with it a heavy they are the ones that hold a “bigger picture” of load. On one hand, it is the one that gives NATO the topic being discussed, given the fact that they certain glamour and strength through building on know it from another perspective (the one coming the relevance and importance of each participating from the structure they represent). nation, but, on the other hand it is the one that Needless to mention that all persons makes things tougher. Although I doubt that representing NATO structures bear national it is often the case of the new comers to play a interests as well. While the link with their capital hard game using this consensus rule (so, in my is not encouraged in any way, it is certainly there, opinion, “getting to yes” in a consensus based as most of international positions benefit from environment is not a difficult endeavour due national support and some of the member countries to the 28 number), the uncertainties of current even maintain commitment towards rehiring these international environment, national strong and personnel after the ending of their contract with fluctuating interests of the founding members of the Alliance. the Organisation, are elements that transform the So, if we are to go back to the puzzle building negotiation process into a complex, enduring one. metaphor used in the beginning, any of the above Getting more creative in reaching common ground mentioned persons may be the creator of the puzzle is therefore required. and decide to move things around. Actually, in

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2.1. Unwritten rules participating, countries. The teams are assigned to And what would be negotiations without deal with rather technical details, unsolved at the these unwritten but very much spoken of rules, “bigger” level. Usually, these “tiger-teams” may commonly agreed to at the level of one committee, decide to consult with other interested nations or which (try to) make the process smoother? The parties and are always supported by a secretariat first unwritten rule invoked by at all levels of provided by NATO. More or less, these “tiger- negotiations by nations is that “nothing is agreed teams” are situated exactly on the border-line until everything is agreed”, actually underlying between formal and informal working groups that participants retain the right to change parts of (they are mandated by a group in a formal session) the negotiated text till the very end, even if at some and they are dissolved as soon as they reach point they seemed happy with it. This philosophy agreement and present it in a formal session of the allows for manoeuvre space and, of course, for committee. As a very important rule that I found actual negotiations, as long as nations are willing out to trigger immediate reaction if not respected, to give something in return for getting something one should never attribute to a country in a formal back. Still, chairman of the meeting may chose, session an informally-presented statement. It at some points, to “freeze” parts of the text that places the referred to country in an awkward have already been agreed to and only discuss situation and requires for immediate reaction in the the paragraphs that did not reach consensus. The formal session. A phrase that was bluntly, with no decision has to be presented and approved by all constraints at all formulated in an informal session nations, and it happens only when things seem to might be interesting to be mentioned in a formal be stopped. one, so it may be worth mentioning, but without Other rules are being invoked at the level of being attributed. my committee, such as the “golden rule” (meaning At times, a country may ask for the creation that “the one that holds the gold makes the rule”), of a smaller working-group that is invited at “constructive ambiguity” (text that is intentionally that nation’s Permanent Delegation in order to left ambiguous enough so as to allow for further formulate a certain paragraph or a section of a manoeuvre space – it seems that this rule also works text. In most of the cases this informal working in EU environment), “Jack’s rule” (let somebody group works for only a few hours, on matters that get something not so important that can be used are perfectly understood, and all nations’ views are as a first gain in later negotiations). All these were known and can be accommodated. The inviting and still are used in order to keep things moving, country has a particular interest or experience on also by providing a more relaxed atmosphere. the matter, but it should, nevertheless, maintain It is quite normal since dealing with “official” impartiality in drafting this text. uncertainties cannot be otherwise performed than A rather similar situation is when ad-hoc going back to the origins. Those origins when a working groups or round tables are organised hand shake would conclude a deal rather than any by a nation or by the international secretariat in other binding paper. order to allow for nations to express views and perspectives on certain topics. Sometimes, when 2.2. Formal versus informal negotiations a representative comes at these informal groups I have previously mentioned some words with no prior discussion with his capital may about formal versus informal negotiations. cause confusion but details on what the author Without repeating that, I shall refer here to some considers a possible alternative on capital/national other situations where informal negotiations are representative will be later introduced. encountered. It is for the smaller, focused on a Working lunches or coffees, consultations over certain topic working groups created under the the phone or other communication means (e-mails) coordination of the committee in its formal status. are also considered as informal sessions. They A rather recent format for this informal working help national representatives maintain contact and groups mandated by the formal group “at 28” are build trust, get accustomed to everybody else’s “tiger-teams”. These are made out of a limited interests and know where and how everybody’s number of nations, where each participating position fits. There are many ways to build on this, country may also bear the interests of other, non- but what I consider to be my most relevant rule is

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“have no fears!” since, with very few exceptions, strong message by also replacing personnel and national representatives have no obvious pre-set people talk of persons having been changed due judgement on other nations, and these are, by to their poor performances or lack of involvement all means, not encouraged at all. There should during negotiations. be no room for jokes or mocking references to And, of course, capitals always know better. other nations, communities than the ones that one They have been submitted to other data as well belong to (self-irony), and this approach should and most of their guidance is well-based and be rejected. And personally, I have refused to go undisputed. Sometimes, if too sensitive, it needs on that road. There are many reasons for which coordination within Permanent Delegation to one representative might intimidate another one NATO so that the message is well captured and and these are on very rare occasions linked to transmitted. nationality. Of course, as everything else stated in this study, there are significant exceptions, but I, 2.4. Resistance myself, chose to ignore those persons around the I trust that being able to spend many hours in a table that based on my nationality or my gender conference room and making sense of what is being assumed a certain attitude. discussed requires a certain technique that one should be able to cultivate for himself. Common 2.3. Relations with one’s capital sense and dedication should be the key words in Cultivating good relations with national assuming a certain attitude. At first, a national authorities is a must. They need to be aware of representative should try to adopt on a personal what happens during the committee works and level national mandate that implies not just a good when it is the best time for re-action, if so decided. knowledge of it, but also the encompassing of a On the occasion of his fare-well speech, a national solid line of argumentation in its favour, with a representative within DPPC underlined that, in his careful scrutiny of sensitivities shown by other opinion, making a good diplomat within NATO nations. Then, the mandate must be provided at refers to not just reproducing to the capital what is the right moment that is also agreed to with the being discussed at the committee level, but also of capital. A correct attitude during negotiations, no being able to explain where the compromise can be matter how exhausting or complex it may seem, reached. The message being sent was that the art should always start from the full respect of time of being a good diplomat and that of negotiation and effort spent by each national representative must not only be used during the debates taking and by each capital that this one stands for. Only place at the round table, so in relation with the such a manner could guarantee gaining respect for other member states, but should also be applied one’s person, but also for national capital. when contacting national authorities. No doubt that, at the level of each Delegation there are 2.5. Degrees of assuming various papers persons that do not process for their capital the Papers being discussed may introduce many peaces of information gathered at the level of ambiguities that can allow for compromise. They its committee or, even worse, that have tried to can be noted, endorsed, approved, etc. All these convince their capital or certain colleagues within terms actually present various degrees of certainty Allied structures of the positive aspects that would and compliance. At times, a document may hold come out from implementing their own point of only a few paragraphs that are being approved, view. These last two approaches are not the ones while the rest of it is noted, therefore allowing that make the object of current study. But yes, for further discussions, while acting only as there are numerous situations during negotiation guidelines. process when these apply. Most of the documents in NATO make use Also extremely important is that capitals or and tend to quote as much as possible of the permanent delegations should first and foremost previously agreed language. It may seem difficult, protect their national representatives. It is a but it actually shows good-will, transparency, and prerequisite that national representatives need to respect to what has been discussed, to previously feel in order to be able to perform well. However, stated national positions. And, some of them aim at capitals may chose from time to time to send a the issuing of other documents (policies, doctrines)

STRATEGIC IMPACT No. 1/2013 143 POINTS OF VIEW in certain areas that haven’t been yet normalized. there. During the process, so it seems that this It happens when new boundaries are created, when initial understanding of the picture is not that clear old structures change into new ones. This also for every representative or capital, and yes, that leaves room for ambiguity and can contribute to “nothing is agreed until everything is agreed”. reaching compromise. Needless to say that there are nations that fight as hard as possible to preserve Allied values and 2.6. Written language symbolism and these are the ones that would The language as such is a melting factor. Most always try to reach compromise and find win-win of the times it does not even sound like English solutions, while others might show a tendency in or like any other language in the world, but it contradicting everything that is put on the table. encompasses everybody’s sensitivities and makes These last ones do not preserve the values and things move further. A number of idioms, such as traditions of the Alliance. New members (Romania “to the best extent possible”, “other areas may be included), are usually the ones fighting hard for explored”, “as convenient”, may often be inserted maintaining the statu quo of NATO. in the text, so that “constructive ambiguity” is While at the table, supporting what, at first maintained. glance, seems hard to get, one faces his biggest Each of the above elements, and certainly fears. And the deepest personality features come many others, are the factors that add all the spices alive in a weird way. If one is arrogant, but usually to negotiations within NATO. No matter how covers this under a lot of “diplomatic”-polish, it ambiguous they may seem, they actually constitute is impossible to escape this when debating on a strong statements of NATO’s commitments certain topic and bringing arguments to back up towards change, transparency, ability to react to his position. Therefore, even insults should be current challenges. They show national support to eliminated from a diplomat’s language, these are compromise and to finding the right path that can often brought into the speech along with official ensure equal treatment to all member countries. arguments, and the resulting mixture only leads to an increase of the tension already installed at Conclusions the committee level. As I have tried to transmit all through current study, a national representative’s A sense of confusion is often encountered during attitude should inspire respect, dignity and, to the negotiations and, most of the times, it is provided extent possible, should work towards reaching by the aspects that are being negotiated in informal compromise. meetings by interested nations on a certain topic. I also strongly believe that the nation one In my experience, I have encountered several represents and in the name of which a national situations that make proof that such informal delegate speaks, should, in no way, minimized debates actually take place. The first one is when, during discussions, no matter if these are beard after long negotiations that seem to go nowhere, the on an informal or informal level. However, one agreement is easily reached, and the elements that cannot deny the fact that there are mixed feelings seemed insurmountable up till recent are overcome. associated with the interventions and it is up to And a second situation appears when negotiations the personality of the speaker to temper any of the are blocked due to a draft project that seems to escalations. have nothing in common with the main topic being Politeness should also be the key and even if negotiated. As mentioned, both situations are a one is provoked at a response through a rough living proof that informal negotiations are taking intervention, best reaction is not to give a reply. place and that, in the first case, were successful, And, if one’s position was made clear from the while in the second one, not. beginning, one might chose not to speak (take the Negotiations are played within these floor) again during that meeting. For example, in boundaries: there is a commonly agreed to task a certain context, I was asked by my capital to (that is translated into the mandate as such, always provide some comments that seemed to contradict provided by the Council) that bears with it the the way things were going with the paper being final picture, mostly understood by all around the discussed. Without too much enthusiasm, I clearly table, and national or personal interests in getting stated the arguments provided by my authorities. I

144 STRATEGIC IMPACT No. 1/2013 POINTS OF VIEW have decided not to take the floor again, although of the spoken interventions. The exchange of the stated intervention raised a rather vivid debate lines during such debates make evidence for the among my colleagues and the international eloquence of the speaker, for its ability to gather secretariat representative, that held a different information and to transmit it, give elegance and opinion than mine, contradicted my arguments excellence to the ones around the table. It is worth in a strong intervention. Choosing not to answer remembering that taking the floor must be done in to certain incitements and not to contribute to the full respect of everybody else’s time spent there. raise of tensions is, most often, the best option. In consequence, if one cares to take the floor for a Ensuring a good flow of negotiations actually second or even a third time, one should apologise requires a degree of detachment on behalf of the at the table for doing so, as stated earlier. national representative from his inner self. It means However done, the job of representing one’s that a good diplomat should not allow personal nation is exhausting in many ways, but extremely impulses to take part in the negotiation process rewarding and thrilling in others. It comes with a as such and that the elements that are perceived lot of frustrations and fears but it is the type of job as challenges requiring for an immediate reaction that “builds on a character” and brings something should be ignored. Of course, there are some majestic in one’s personality. Getting to yes in other circumstances, when debates are not getting multinational environment is and should always be that personal but are rather kept at a theoretical done in the honour of this given to mandate. perspective, when arguing for or against one opinion is like a fist fight that is only generating energy and NOTE: power, and in no way minimizing the adversary. These moments are the ones that approach the 1 Between December 2009-December 2012, speech with all due respect, that make use of Anamaria IORGA served as defence adviser at rhetoric and allow for an argumented construction Romanian Permanent Delegation to NATO.

STRATEGIC IMPACT No. 1/2013 145 REVIEW SCIENCE IN THE MIRROR. TOWARDS A NEW METHOD OF PARADIGM COMPARISON

of a research grant of the Romanian National Authority for Scientific Research, called “The Epistemic Competency of Military Decision- makers”. Authors contributing the volume – as the book is the result of the common effort of over thirty scientists, professors and researchers – approached the field or the object of study they were interested in having in mind the major breakthroughs and limitations specific to the paradigm of their choice. Choosing the two paradigms aims to find a common strand for unidisciplinary benchmarks. A main premise of this volume is, according to its editors, the need to explicitly and as comprehensive as possible delimitate the “cone of possibles” specific to the two paradigms. The research domains proposed by the authors are abiotic, biotic, social, technical In this edition of the journal, I would like to and technological dimensions of human social signal our readers a volume called Science in existence. Several disciplines were dealt with, the Mirror. Towards a New Method of Paradigm namely Psychology, Epistemology, Organizations Comparison, under the coordination of Teodor Theory, Pedagogy, Sociology and Management. Frunzeti, PhD. professor and Marinel-Adi The volume is organized in three sections, Mustaţă, PhD. junior lecturer, printed in 2012 preceded by an introductory paper, From Sensorial under the aegis of Éditions du Tricorne in Geneva, to Scientific Knowledge, signed by Teodor Frunzeti. Switzerland. Section I, The Systems View of Science,�� is more The starting point of this scientific demarche comprehensive and approaches several topics was an exploratory workshop held at National though the General Systems Theory. Section Defence University “Carol I” in December 2011, II, The Processual-Organic View of Science,�� is in which academia members debated on two dedicated to Processual – Organic Theory, with paradigms: the General Systems Theory and the the explicit task of exploring its openings and Processual – Organic Theory, in the attempt to find limits in studying various research domains. what is the most appropriate paradigmatic option Section III, Towards a Methodology of Paradigm out of the two for analyzing specific scientific Comparison, authored by Marinel-Adi Mustaţă and fields. The workshop was held in the framework Marius Hanganu, consists of a paper that comes

146 STRATEGIC IMPACT No. 1/2013 REVIEW as a conclusion of the research, a comparative idea of empowering individuals to connect to the analysis of the two paradigms in question, with the most advanced results of human knowledge and declared expectation that out of this exercise a new apply them in their research work. The initiative comparison methodology would take shape. The intends to surpass the limits of the quantitative editors set themselves to systemize the critique approach to information to the degree of actually addressed towards the two paradigms and try to providing some useful methodological guidance use the contributions in the first two sections in for those interested in “knowing more and knowing confirming or falsifying the critique. better”. The fundamental principle that underlies the The book can be of interest for researchers in analysis is a kind of ‘Tao of Epistemology’, by this, particular fields of science that could find useful the editors understanding that only by accepting a insights from one perspective or another or, even so-called “dance of opposites” as the coordinators more challenging, from both paradigms. call it, one can stay on the path that leads to truth. Science in the Mirror is a message to all The editors do not take sides, instead they observe scientists that are willing reflect upon the implicit the interaction between chapters and hope that out premises that underlie research. It is a call for of this contemplative attitude “knowledge about lucidity and self-awareness and it launches a model knowledge” would advance. In a certain sense, the of comparing a personal view of the world with volume can be resembled to a statistical report in existing alternatives. It is also, as the editors say, a which raw data are compiled, but which leaves to cry against the naïve interpretation of knowledge the reader the task of performing the interpretative that overemphasizes the sovereignty of empirical part of the analysis. The aim of the initiators of the and inductive reasoning, which in most cases project was to brainstorm the openings and limits cannot but lead to deforming simplifications and of the two paradigms as wide as possible, without hasted generalizations. preconceptions. In conclusion, the book is an original and The novelty of the project, as Teodor Frunzeti bold scientific endeavour which, in my opinion, and Marinel-Adi Mustaţă point out, consists in the succeeded in the task outlined by its editors.

Daniela RĂPAN*

* Daniela RĂPAN, PhD candidate in Military Sciences at “Carol I” National Defence University, works with the Centre for Defence and Security Strategic Studies (CDSSS) within the same institution, Bucharest, Romania. E-mail: [email protected]

STRATEGIC IMPACT No. 1/2013 147 CDSSS’ AGENDA ACTIVITIES OF THE CENTRE FOR DEFENCE AND SECURITY STRATEGIC STUDIES

The most recent studies published by the researchers of the Centre for Defence and Security Strategic Studies are Romania’s Regionalization and its National Security, authored by Alexandra Sarcinschi, PhD and Cristian Băhnăreanu, PhD and The Evolution of the Security Environment in The Wider Black Sea Area and its Influence on the Configuration of Romanian Naval Forces on Medium and Long Term, by Cristina Bogzeanu. In February, occasioned by the Russian Federation national holiday celebrating the Defender of the Fatherland, “Carol I” National Defence University and the Centre for Defence and Security Strategic Studies organized a round table with the topic Romanian-Russian Military Relations. In the event participated HE the Ambassador of the Russian Federation in Romania and the defence attaché. HE Mr. Oleg S. Malginov, extraordinary and plenipotentiary ambassador of the Russian Federation in Bucharest delivered a speech on this occasion. There were held a series of communications on the aforementioned theme, approaching both historic and contemporary bilateral relations of the two countries. Materials were prepared and delivered by representatives of Centre for Defence and Security Strategic Studies, Institute for Political Studies of Defence and Military History, “Carol I” National Defence University teaching staff and Ministry of National Defence. An important scientific event that CDSSS is organizing in May 30, 2013 is the scientific seminar with international participation – XIIth edition – with the theme The Impact of European Union Member States’ Status and Roles upon European Security Evolution. In the activity were invited to participate senior officials within Ministry of National Defence, Ministry of Foreign Affairs, Ministry of Interior, rectors of military and civilian universities as well as personalities of the Romanian and international scientific community. We also signal to our readers interested to disseminate the results of their scientific research and to possible sponsors, theInternational Conference Strategies XXI with theme “The Complex and Dynamic Nature of the Security Environment”, that the CDSSS is organising in November, 21-22 2013. Detailed information will be posted on CDSSS site (http://cssas.unap.ro) and on the conference site (http:// www.strategii21.ro/index.php/ro/).

Daniela RĂPAN JANUARY - MARCH 2013 MARCH - JANUARY

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GUIDELINES FOR AUTHORS

We welcome those interested in publishing articles in the bilingual scientific magazine Strategic Impact, while subjecting their attention towards aspects to consider upon drafting their articles. ARTICLE STRUCTURE • Title (centred, capital, bold characters). • A short presentation of the author, comprising the following elements: given name, last name (the latter shall be written in capital letters, to avoid confusion), main institutional affiliation and position held, military rank, academic title, scientific title (PhD title or PhD candidate – domain and university), city and country of residence, e-mail address. • A relevant abstract, which is not to exceed 150 words (italic characters). • 5-8 relevant key-words (italic characters). • Introduction / preliminary considerations. • 2 - 4 chapters, subchapters if needed. • Conclusions. • Tables / graphics / figures shall be sent in .jpeg / .png. / .tiff. format as well. Below will be mentioned “Table no. 1, title” / “Figure no. 1 title”; (italic characters) the source, if applicable, shall be mentioned in a footnote. REFERENCES shall be made according to academic regulations, in the form of endnotes. All quoted works shall be mentioned in the references, as seen below. Titles of works shall be written in the language in which they were consulted. Example of book: Joshua S. GOLDSTEIN; Jon C. PEVEHOUSE, International Relations, Longman Publishing House, 2010, pp. 356-382. Example of article: Teodor FRUNZETI; Marius HANGANU, “New Paradigms of Armed Combat and their Influence on Military Forces’ Training”, inStrategic Impact, no. 4/2011, pp. 5-15. Electronic sources shall be indicated in full, at the same time mentioning what the source represents (in the case of endnotes, the following mention shall be made: accessed on month, day, year). BIBLIOGRAPHY shall contain all studied works, numbered, in alphabetical order, as seen below. Titles of works shall be written in the language in which they were consulted. Example of book: GOLDSTEIN, Joshua S.; PEVEHOUSE, Jon C., International Relations, Longman Publishing House, 2010. Example of article: FRUNZETI, Teodor; HANGANU, Marius, “New Paradigms of Armed Combat and their Influence on Military Forces’ Training”, inStrategic Impact, no. 4/2011. Electronic sources shall be indicated in full, at the same time mentioning what the source represents. ARTICLE LENGTH may vary between 6 -12 pages (including bibliography and notes, tables and figures, if any). Page settings: margins - 2 cm, A 4 paper. The article shall be written in Times New Roman font, size 11, one line spacing. The document shall be saved as Word 2003 (.doc). The name of the document shall contain the author’s name. SELECTION CRITERIA are the following: the theme of the article must be in line with the subjects dealt by the magazine: up-to-date topics related to political-military aspects, security, defence, geopolitics and geostrategies, international relations, intelligence; the quality of the scientific content; originality of the paper; novelty character – it should not have been priorly published; a relevant bibliography comprising recent and prestigious specialized works; English language has to correspond to academic standards; adequacy to the editorial standards adopted by the magazine. Editors reserve the right to request authors or to make any changes considered necessary.

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SCIENTIFIC EVALUATION PROCESS is developed according to the principle double blind peer review, by university teaching staff and scientific researchers with expertise in the field of the article. The author’s identity is not known by evaluators and the name of the evaluators is not made known to authors. Authors are informed of the conclusions of the evaluation report, which represent the argument for accepting / rejecting an article. Consequently to the evaluation, there are three possibilities: a) the article is accepted for publication as such or with minor changes; b) the article may be published if the author makes recommended improvements (of content or of linguistic nature); c) the article is rejected. Previous to scientific evaluation, articles are subject to an antiplagiarism analysis (for details, see www.strikeplagiarism.com). DEADLINES: authors will send their articles in English to the editor’s e-mail address, [email protected], according to the following time schedule: 15 December (no. 1); 15 March (no. 2); 15 June (no. 3) and 15 September (no. 4). If the article is accepted for publication, an integral translation of the article for the Romanian edition of the magazine will be provided by the editor. Failing to comply with these rules shall trigger article’s rejection. Articles will not contain classified information. Authors are fully responsible for their articles’ content, according to the provisions of Law no. 206 / 2004 regarding good conduct in scientific research, technological development and innovation. Published articles are subject to the Copyright Law. All rights are reserved to “Carol I” National Defence University, irrespective if the whole material is taken into consideration or just a part of it, especially the rights regarding translation, re-printing, re-use of illustrations, quotes, dissemination by mass-media, reproduction on microfilms or in any other way and stocking in international data bases. Any reproduction is authorized without any afferent fee, provided that the source is mentioned. Sending an article to the editor implies the author’s agreement on all aspects mentioned above. For more details on our publication, you can access our site, http://cssas.unap.ro/en/periodicals. htm or contact the editors.

Issue organizer: Daniela RĂPAN Designer: George RĂDUICĂ Linguistic revision and masterproof: Daniela RĂPAN “Carol I” National Defence University Printing House

0162/406/2013 C 231/2013

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