In-Depth Notes on International Cooperation and Law

Chemical Weapons Convention (CWC)

• Ratified: 1993, Effective: 1997

• Goal: To eliminate chemical weapons globally.

• Cooperation: Many states have eliminated stockpiles, but notable non-compliance from Syria and the U.S.

• By 2020, over 98% of declared chemical weapon stockpiles were destroyed.

• Some states (Egypt, Israel, North Korea, South Sudan) never joined.

• U.S. projects completion of chemical weapon destruction by 2023.

• Despite the treaty's success, chemical weapon development persists in states such as Iran and Russia.

• Notable usage: Syria used chemical weapons in 2017.

Questions on State Cooperation

• Why do some states opt not to comply?

• Key aspects to consider:

  • Security concerns

  • Power dynamics

  • Motivations for maintaining/increasing military capabilities.

Understanding International Cooperation

• Definition: Actors adjust behavior to accommodate others to achieve shared goals (e.g., avoiding conflict, trade, cybercrime prevention).

• Cooperation is more prevalent than warfare despite state sovereignty and the absence of a global governing authority.

Theoretical Perspectives on Cooperation

• Realism: Emphasizes difficulties of cooperation due to:

  1. Relative Gains Problem: Focus on power relative to others, which makes states hesitant to cooperate. Example: Arms races driven by concerns over relative military strength.

  2. Prisoner’s Dilemma: Shared incentives to cheat undermine cooperation.

• Neoliberal Institutionalism: Argues states can overcome realists’ challenges through -

  • Continuous interaction: facilitates reciprocity.

  • Institutions enhance communication/monitoring (e.g., Kyoto Protocol for emissions).

• Classical Liberalism: Sees inherent human capacity for cooperation, emphasizing elements like democracy and trade interdependence (Kant's triangle).

• Constructivism: States' identities and norms shape cooperation. Shared identities (e.g., democracies) can promote non-violent conflict resolution and cooperation.

Cooperation Mechanisms

• Institutions: Provide frameworks, set behavioral norms, monitor compliance, and facilitate reciprocal exchange.

• Crime and Law: Cover issues such as drug trafficking, terrorism, extradition, and creating robust cooperation through mutual legal assistance treaties.

• Treaties: The dominant source of international law, requiring negotiation and ratification processes, often challenging state cooperation.

International Law Framework

• Sources: Customs, treaties, and international agreements shape the legal landscape.

• Challenges: Variability in state compliance due to domestic political structures and capacities for enforcement.

• Enforcement Mechanisms:

  • Vertical Enforcement: Compliant states secured by authorities (e.g., courts, international organizations).

  • Horizontal Enforcement: Peer pressure and reciprocity to elicit compliance among states.

  • Self-Interest: States often comply due to the perceived benefits of cooperation, facing potential economic or reputational costs for non-compliance.

  • Norms & Ethics: Compliance can stem from norms of fair behavior or moral obligations causing states to align with international law.

Vietnamese Perspective on International Cooperation

• ASEAN Membership: Vietnam's role emphasized enhanced regional cooperation and international presence.

• Leadership during health crises (e.g., COVID-19) strengthened Vietnam's cooperative stature.

• Positioning against China's territorial claims in the South China Sea underlines the importance of framework adherence (UNCLOS).

Conclusion on International Cooperation

• Despite the prevalence of conflict, international cooperation and law remain integral, facilitating a broad range of collaborative efforts across multiple domains. Treaties and global frameworks support daily interactions in international affairs, underscoring the dynamic nature of global relations.

• Discussion Questions:

  1. Identify an area with international law and the enforcement mechanisms involved.

  2. Examples of non-cooperation highlight the challenges; what mechanisms intended to foster cooperation failed to do so?

  3. Examples of successful cooperation can elucidate dynamics of cooperation in specific domains.