Midterm 1 Flashcards

(55 cards)

1
Q

Obligation

A
  • IOs (IGOs) are founded by treaties among states
  • The treaties specify obligations and rules
    – Also goals and powers of the
    IO
  • So governments voluntarily accept these obligations
    – Explicit rules in treaty
    – Indirect obligations that arise
    over time
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2
Q

Compliance

A
  • Why, when, how well do states
    live up to these obligations?
  • States are often tempted to
    act in ways that go against IO
    rules
    – Cheat on trade deals
    – US invasion of Iraq in 2003
    after being turned down at
    UNSC
  • Compliance records are mixed
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3
Q

Enforcement

A
  • Most IOs have very limited
    enforcement powers against
    states who are not in
    compliance
  • Some important exceptions:
    – IMF can withhold further
    loans
    – UNSC can authorize
    sanctions and military action
    – WTO can authorize trade
    sanctions
  • Even then, the threat of enforcement is indirect and uncertain
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4
Q

What is International Law?

A

Making international law:
– Rules that constrain behavior
– Body of rules that are linked by a
common logical structure
– Based on sovereignty
– Primary and secondary rules

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5
Q

Customary international law

A
  • Develops through practice
  • Additional codification in recent
    decades
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6
Q

Hard vs Soft International Law

A

Hard law:
– Obligatory, precise, and high delegation
– Binding, mandatory, and enforceable

Soft law:
– Exhortatory, ambiguous, low delegation
– Better suited to uncertain
circumstances or issues central to
sovereignty

Soft law frequently becomes hard law over time.

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7
Q

Characteristics on international law: Obligation

A
  1. Obligation:
    – Degree to which agents are legally bound
    – High obligation = compliance is
    unconditional
    – Low obligation = compliance is
    aspirational
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8
Q

Characteristics on international law: Precision

A
  1. Precision:
    – Specificity of obligations
    – Reduces scope of reasonable
    interpretation
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9
Q

Characteristics on international law: Delegation

A
  1. Delegation:
    – Third-party interpretation and
    application
    – Courts make new laws when
    precision is low and delegation
    is high
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10
Q

Does International Law Matter?

A

Proponents:
* Overall compliance rates are
high
* Most states comply most of
the time
* Compliance failure may be
driven by imprecision
or lack of state capacity
Skeptics:
* Imprecise law can’t address
most conflicts
* Laws follow practice

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11
Q

The European Court of
Justice

A
  • Located in Luxembourg
  • Adjudicates disputes covered
    by the Treaty of Rome
    – Lots of issues!
  • Hears cases on whether
    member states and EU
    institutions are acting
    properly within EU law
  • 28 judges and 9 Advocates
    General
    – Appointed for 6-year
    renewable term
    – Supposed to be independent
    of national
    background
  • Cooperates with member-
    state national courts
    – Preliminary rulings
  • Considers actions for member-
    state failure to fulfill
    obligations
    – Cases can be brought by the
    Commission or a member
    state
    – ECJ can fine a state if it doesn’t
    comply
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12
Q

The International Criminal
Court

A
  • Headquartered in The Hague,
    Netherlands
  • 110 countries are members
  • Mandate: “to put an end to
    impunity for the perpetrators
    of ”war crimes, genocide, and
    crimes against humanity”
    – And so to contribute to
    prevention of those
    crimes
  • Criminal court of 18 judges
    – Plus prosecutor’s office and
    some staff
  • Has jurisdiction if the crime
    occurred on the territory of a
    state party
    – Or committed by a citizen of
    a state party
  • And if domestic courts have
    failed
    – To respect state sovereignty
  • Enforcement: can impose
    prison sentences on those
    found guilty
  • No police or military
    capability
  • Relies on national
    governments to capture
    and deliver suspects
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13
Q

IOs allow for Centralization

A
  • CENTRALIZATION
    – An organizational structure &
    administrative apparatus
    managing collective activities
  • May allow for immediate
    action (UN Security Council)
  • Or for specialization (OECD
    has >200 working groups)
  • Governance may have flexible
    design (IMF voting structure)
    or be rigid (UN Security
    Council)
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14
Q

IOs allow for Independance

A
  • INDEPENDENCE
    – The ability/authority to act
    with a degree of autonomy
    within defined spheres
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15
Q

Rational Choice Perspective/Contractualism

A
  • Self-Interest:
    – LEADERS create/use IOs
    when benefits of
    cooperation outweigh costs
    (including perhaps
    sovereignty costs)
  • IOs
    – produce collective goods in
    Prisoners’ Dilemma settings
    – solve coordination problems
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16
Q

Constructivist theory

A
  • Anarchy is what you make of
    it!
  • Where do ideas and
    preferences come from?
  • Focus on norms, beliefs,
    knowledge, and (shared)
    understandings
    International ideas -> IOs
    IOs -> International ideas
  • Vital for the understanding of
    major concepts such as
    legitimacy and norms
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17
Q

What do IOs do for their members?

A
  • Pooling resources
    – (IMF/World Bank, World
    Health Organization) - share
    costs, economies of scale
  • Direct joint action
    – military (NATO), financial
    (IMF), dispute resolution
    (WTO)
  • LAUNDERING?
  • Allow states to take (collective)
    action without taking direct
    responsibility (or take
    responsibility with IO
    support)
    Examples:
    – The IMF does the dirty work
    – US president wants to reward
    allies, punish adversaries
    – Sometimes difficult to get
    action through Congress
    – Lenient terms for allies,
    enforcement against
    adversaries
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18
Q

Fixed Exchange Rates vs Floating Exchange Rates

A

fix to gold or float in relation to the value of other currencies.

Fix is more stable and consistent
Float is more profitable but less stable. Also allows countries to manipulate currency values to get certain economic outcomes

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19
Q

Classical Gold Standard

A

Countries went “on gold” by promising to exchange their currency for gold at a fixed rate. Spread nearly worldwide.

Crises did occur: e.g. bank failure in London put pressure on British pound.

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20
Q

Bretton Woods

A

U.S. dollar fixed at $35/ ounce of gold. Other currencies pegged to dollar. Stability, but not as rigid as the gold standard. Central bank cooperation again important.
The IMF oversaw currency relations:
– Provided short-term
assistance
– Provided information
– Set standards of behavior.
Nixon broke the link to gold
in 1973 after large deficits and the tie to gold failing.

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21
Q

Managed Float System

A

Since 1973, have been on floating rate system among major currencies. Cooperation among major currencies still necessary: G8 summits. Sometimes see large currency movements. Smaller countries often link to a major currency to provide stability.

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22
Q

National paper standard

A

National paper currency
standard:
– National currencies backed
only by government
commitments to maintain
their value.
– A few major (“key”) currencies
are used as the basis for
international exchange.
– This has been the system
since 1973, with the $ and €
as key currencies.

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23
Q

Competitive devaluations

A

Governments benefit from a
well-functioning regime.
Incentives to “cheat”:
– Intervene to keep currency
low in floating system.
– Devalue in fixed system:
“competitive devaluations.”
If country A devalues and B doesn’t A has an advantage. If both devalue then they both lose. Better for both to not devalue

24
Q

IMF: Origins

A
  1. Establishment of the IMF: The International Monetary Fund (IMF) was created towards the end of World War II during the Bretton Woods conference, held in 1944.
  2. Historical Context: Previous efforts at international monetary coordination during the interwar period failed, with currency policies worsening the Great Depression.
  3. Conference Goals: The Bretton Woods conference aimed to design an institution to oversee the international monetary system and prevent destructive economic competition.
  4. Attendance and Withdrawal: 45 countries, including the Soviet Union, attended the conference. However, the Soviets withdrew as they recognized U.S. dominance in the IMF, particularly during the onset of the Cold War.
  5. Initial Membership: The IMF started operations on March 1, 1947, with 29 member countries.
25
IMF: Changes Over Time
The IMF began as a tool to regulate the value of the US dollar to ensure that it stayed pegged to the price of gold. After Bretton Woods collapsed in 1971 and the gold standard was thrown out, the IMF leaned into its other role of offering aid to lower income countries in financial crises to assist them in regulating their economies. They offered loans with conditions for countries to follow to ensure that their reconstruction was successful. There was also a significant transition in the types of conditions offered to states. When the IMF began it offered few conditions to using aid. As it developed and perceived that states might be using funding in improper ways they began to add more conditions. When this new strategy didn’t work, the IMF doubled down on conditions and added very strict limits on what countries could do with their funds.
26
IMF: Main Functions
Surveillance (of financial developments through all echelons) Encouragement (of policies that foster economic stability and reduce vulnerability to crises) Financial Leeway (states to correct balance of payment problems and develop appropriate financing plans) (Largest borrows of 2024 are Argenina, Egypt, Ukraine, Pakistan, and Ecuador; also large precautionary loan to North Macedonia) Technical Assistance (train and help to assist member countries in developing and implementing effective financial policies and procedures)
27
IMF: Governance
IMF accountable to its member country governments Top of IMF: board of governors: one governor and one alternate governor from each member country (generally from the central bank or ministry of finance) Meets once a year. twenty four governors sit on IMFC (international monetary and financial committee) and meet twice a year BoG delegates day-to-day management to executive board (EB) which is 24 members Guided by IMFC and supported IMF staff. the Managing Director (MD) is head of IMF staff and chair of EB - traditionally American
28
IMF: Possible Reforms
Proposed reforms are broken down into two categories Changing the system of representation Changing the conditions attached to the IMF programs
29
Tequila Crisis 1995
Mexican government in 1993-95 running large deficits, carrying high debt – Debt financed by tesobonos, indexed to US $ * Debt crisis triggered by: – Low oil prices – Armed rebellion in Chiapas – Assassination of presidential candidate in 1994 * Zedillo let the peso float – Fell from a value of 4 pesos: $1 to 7.2 pesos: $1
30
East Asian Financial Crisis 1997
* Japan wants to help Thailand, Indonesia,...– provides liquidity – Coordinated regional lending to crisis countries, for example $16 billion to Thailand – In September, proposes an Asian Monetary Fund with $100 billion in funding – Forced to withdraw this proposal in November in the face of U.S. and Chinese opposition * US worried about “moral hazard”
31
Moral Hazard
a situation where a country or actor takes excessive risks because they expect another party, like a powerful nation or international organization, to bear the consequences of those risks
32
rapid liquidity
Sort of the opposite side of Moral Hazard * Political interests are at stake * Economic ties with the crisis-country are dense * This approach will provide a quick recovery of the crisis economy * Benefits creditors
33
Asian Monetary Fund
* $100 billion * 10 members: – Australia, China, Hong Kong, Indonesia, Japan, Malaysia, Philippines, Singapore, South Korea, Thailand – NOT the United States
34
Key differences between the IMF and the World Bank
IMF: – Exchange rate stability & monetary policy – Large loans for macro-targets ($100s millions to billions) – Staff: around 2000 people – mostly in DC World Bank - Development – Smaller loans than IMF ($10s millions to $100 millions) – Specific projects (dam, schools, oil pipeline) – Multiple projects in one country * big countries may have several project loans, e.g., India >10 – Staff ~ 10,000 people – also mostly in DC but 100 offices worldwide 4
35
World Bank Conditionality
World bank also puts conditions on aid
36
political power at the World Bank
* Officially, does the World Bank interfere with the political affairs of its members/clients? – No; focus on human capital, food security, climate, development * But does politics influence its lending decisions?
37
Governance
– Even officially, however, the World Bank does try to improve “governance” – this is a euphemism for “democracy.” Many members (e.g., China) would object if “democracy” were used officially.
38
What is the "World Bank“ as opposed to the "World Bank Group"?
* International Bank for Reconstruction and Development * IBRD (often called “the World Bank”) * International Development Association * IDA – created in 1960 – concessional financing * “WORLD BANK” * IBRD & IDA are tightly connected – work as a single unit (though the terms of their loans are quite different) * International Finance Corporation * IFC – lends to private companies for private sector projects. Has its own building, own executive vice pres. & staff (more “entrepreneurial”) * Multilateral Investment Guarantee Agency * MIGA – provides insurance to private companies against political risk * ICSID – International Center for the Settlement of Investment Disputes
39
World Bank Lending: Creditworthy Borrowers from IBRD
* Middle-income countries. * Per capita incomes in this group are below the IBRD graduation threshold (~$6000 per cap) * But too high for the countries to be eligible for credits or grants from the IDA (~$1000 per cap) * Some of these countries elect not to borrow from IBRD but the Bank often provides analysis and advice (South Africa, Gulf States)
40
World Bank Lending: Countries That Only Borrow From IDA
* Eligible for IDA credits – not considered creditworthy for IBRD loans. * Almost all African countries. * Loans at concessional rates
41
World Bank Lending: IDA/IBRD “Blend” Countries
* Eligible for both IDA (by per capita income) and IBRD lending (creditworthiness standards) and elect to borrow from both. E.g.: India and Nigeria.
42
World Bank Lending: Problem Countries
Member countries that are not eligible for either IBRD or IDA lending because of armed conflict, economic mismanagement, or failure to service World Bank debts. * Myanmar/Burma. * WB performs low level of operational work “watching brief”
43
World Bank Lending: Special Cases
* Especially countries in post-conflict and post- crisis situations * Some are ineligible for IDA or IBRD financing nonetheless participate in multi-donor program financed by special funds, often administered in trust by the World Bank * E.g.: Liberia, Timor Leste (prior to independence), the Occupied Palestinian Territories, Iraq
44
World Bank Lending: “Rich” Countries
* Countries considered too rich to borrow from the World Bank * Above per capita of $6,000 (IBRD threshold). * Some are “graduates” * De-graduation possible: countries that had ended their lending relationship ran into difficulties and sought renewed World Bank support.
45
Contradictions in World Bank
* Is there any irony in the World Bank’s “dream” (A world without poverty)? – It would go out of business. – Bureaucratic perspective? * Washington Consensus – World Bank has historically promoted market solutions, but its projects are non- market 24
46
African Development Bank (1966)
* Closed to non-African countries until 1982 * Board of Executive Directors made up of member countries * The voting power determined by the size of each member's share * Currently 60%-40% between African and “non-regional” member countries (“donors”) – e.g., US, Japan, China, & Korea (since 1982) * The largest African Development Bank shareholder is Nigeria with nearly 8.7 percent of the votes * “No member country, or a group of countries has veto power; Board decisions are generally made through discussion and consensus rather than through the exercise of voting powers. ”
47
Inter-American Development Bank Group
* “the main source of development financing for Latin American and the Caribbean” * The IADB lends money and provides grants. With a triple-A rating, the Bank borrows in international markets at competitive rates. Hence, it can structure loans at competitive conditions for its clients in its 26 borrowing member countries. (48 members) * Countries that receive IADB financing also hold a majority of its shares.
48
European Bank for Reconstruction and Development (EBRD)
* Initially founded to provide development aid to Eastern bloc countries after the collapse of the Soviet Union * Now lends to over 30 democracies extending to Central Asia and North Africa * US largest shareholder (surprise?)
49
Asian Development Bank (ADB)
* Founded 1966 – Modeled on the World Bank * Regional/non-regional vote shares: 65/35
50
Japanese and US Political Influence in the ADB
* ADB mandate is apolitical – Should base lending on need and development effectiveness * Should be more independent than bilateral aid agencies US and Japan are dominant
51
Asian Infrastructure Investment Bank (AIIB): Establishment
The AIIB was proposed by China in 2013. From its founding, the AIIB quickly gained support from numerous Asian countries. While primarily focused on Asia, the AIIB has attracted global interest. The AIIB has a capital base of around $100 billion, with regional members holding the majority. The AIIB began operations in 2016. The AIIB is headquartered in Beijing. There have been concerns about Chinese dominance and the AIIB's neutrality. Some countries, including the US, have chosen not to join.
52
Asian Infrastructure Investment Bank (AIIB): Purpose
The major stated goal of the AIIB is to address a major infrastructure funding gap in Asia. Another motivation for establishing the AIIB on the part of China is Chinese frustration with the very slow pace of reform in existing global economic institutions. Providing capital for investment in the region would also suit China’s goals of developing friendlier relations with its neighbors, many of whom (such as the Phillipines and Malaysia) have regional security disputes with China.
53
Asian Infrastructure Investment Bank (AIIB): Governance
Board of Governors is composed of one Governor from each member country. Meets annually to discuss and make high-level decisions. Board of Directors: Consists of 12 Directors. Nine Directors are elected by regional members (Asia and Oceania as defined by the UN). Three Directors are elected by non-regional members. Responsible for the day-to-day operations and decision-making of the AIIB. President: Elected by the Board of Governors. Membership: Any country that is a member of the International Bank for Reconstruction and Development (IBRD) or the Asian Development Bank (ADB) is eligible to join the AIIB. Admission decisions are made by the Board of Governors, ensuring a controlled and strategic expansion of membership. Voting Power: Voting power is determined by a combination of Basic Votes, Share Votes, and additional votes for Founding Members.
54
Asian Infrastructure Investment Bank (AIIB): Concerns
The main public objection to the AIIB is that it may not follow the same good governance practices that the World Bank and ADB follow. The U.S. points in particular to the potential for problems related to the environmental consequences of development projects and attention to social standards. However, the larger underlying U.S. concern is that the AIIB may really be “China’s Trojan Horse,” a mechanism for undermining the existing U.S.-led financial system. The AIIB represents China’s attempt to begin exercising full-fledged economic leadership in Asia. China’s initial proposals for the AIIB raised further concerns. Prior to major changes in March 2015, China envisioned the AIIB as being open only to Asian states. Some Chinese officials used language suggesting that the AIIB would act as China’s aid agency, or that it would essentially be a bank that would invest looking to make high profits.
55
Asian Infrastructure Investment Bank (AIIB): “Maybe Not So Bad”
-China wants more influence in Asian IOs (limited power in WB and ADB) -China heavily promoted the AIIB and has plans to use it as a branch of the Chinese aid agency (therefore, US and Japan oppose it) -57 states signed up as Prospective Founding Members -AIIB becoming a part of a network of investment multilateral IOs to create competition and accountability -Might not be so bad and US should consider joining