CONFERENCE DIPLOMACY

Conference Diplomacy

An Introductory Analysis

Third Revised Edition

Johan Kaufmann Senior Special Fellow United Nations Institute for Training and Research

Foreword by Javier Perez de Cuellar

© Johan Kaufmann 1968, 1988, 1996

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London WI P 9HE.

Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

First edition (Sijthoff) 1968 Second edition (Martinus Nijhoft) 1988 Third edition (Macmillan) 1996

Published by MACMILLAN PRESS LTD Houndmills, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world

A catalogue record for this book is available from the British Library.

10 9 8 7 6 05 04 03 02 01

5 4 3 2 I 00 99 98 97 96

ISBN 978-0-333-64635-9 ISBN 978-1-349-24913-8 (eBook) DOI 10.1007/978-1-349-24913-8

Contents

List of Tables and Figures

Foreword by Javier Perez de Cuellar, former Secretary-General of the United Nations

Preface and Acknowledgements

Abbreviations

Prologue: Whither Conference Diplomacy?

1 Conference Diplomacy Defined and Objectives of Conferences 1.1 Conference diplomacy defined 1.2 Objectives of conferences

2 Decision-Making in Conference Diplomacy: A General View 2.1 Debate, resolutions and voting: the normal

procedure 2.2 Some aspects of voting

(i) Weight of votes (ii) Quorum requirements (iii) Majority requirements (iv) Method of voting

2.3 Conference decisions by consensus (i) Consensus with a resolution (ii) Consensus without a resolution

3 Conference Diplomacy: The Organizational Setting 3.1 The preparation of the conference

(i) General preparations (ii) Negotiated preparation- the agenda (iii) Documentary preparation (iv) Effects of careful preparation

3.2 Conference organization 3.3 The procedural situation -protocol

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1

7 7

11

17

17 23 23 24 24 26 27 28 29

33 33 33 33 35 35 36 37

vi Contents

(i) Rules of procedure 37 (ii) Protocol 39

3.4 Secretariat services 40 3.5 Conference rooms and lobbies 42 3.6 Scope of the conference 43 3.7 Size and membership of the conference 44 3.8 Periodicity and length of conference 45

(i) Periodicity 46 (ii) Length of meeting 47

3.9 Geo-climatological aspects 48 3.10 Hierarchical position of the conference 50

4 Conference Diplomacy: The Human Setting 53 4.1 Co-operation or conflict 53 4.2 Some principal categories of conflict 55

(i) Political conflicts: the clash of the angry 55 (ii) Economic conflicts: the rich and the poor 56 (iii) Budgets and work programmes: the

programmatic versus the budgetary approach 57 (iv) Elections 59

4.3 Confidence and anger 62 4.4 Leadership 64

(i) Leadership by individual delegations 64 (ii) Leadership by the president 65 (iii) Leadership by an 'inner circle' 66 (iv) Leadership by groups; the activity of

'fire brigades' 66 (v) Leadership by the secretariat 67

4.5 Publicity 67

5 The Role of Presiding Officers 71 5.1 General characteristics of presiding officers 71 5.2 Procedural functions 73

(i) A case of firmness 75 (ii) Presidential ruling reversed 76

5.3 The presiding officer and 'irrelevant remarks' 77 The case of the ILO General Conference: what is

out of order? 77 5.4 Substantive functions of presiding officers 83

(i) The chairman permits time for informal negotiations 83

Contents vii

(ii) The chairman actively promotes informal negotiations, but does not participate himself 84

(iii) The chairman promotes informal negotiations and takes part in them himself 84

(iv) Exploratory mediation 86

6 Secretariats and Conference Diplomacy 89 6.1 Introduction 89 6.2 The constitutional position of the executive head 92 6.3 The personality of the head of the secretariat:

Secretary or General? 93 6.4 Filling the vacuum: political conflicts 94 6.5 Filling the vacuum: activities of organizations 96

7 Delegations and Permanent Missions: Their General Characteristics 101 7.1 What is a delegation? 101 7.2 The composition of delegations 102

(i) Credentials 102 (ii) Nationality 103 (iii) Diplomats, pseudo-diplomats, experts,

public or parliamentary members; summit diplomacy 105

7.3 Permanent missions, permanent delegations, and their tasks 108 (i) General liaison with the secretariat of the

organization 111 (ii) Preparation and follow-up of conferences 112 (iii) Participation in conferences 112

7.4 The internal organization and working methods of delegations 114 (i) A good relationship between the head of

the delegation and its members including a sensible distribution of work 114

(ii) The delegation meeting 115 (iii) Reporting 116 (iv) The allocation of tasks 116

8 Conference Diplomats: Requirements and Characteristics 117 8.1 The relevancy of traditional qualifications to

conference diplomats 117

viii Contents

(i) Truthfulness and honesty 118 (ii) Precision 119 (iii) Calm and good temper 120 (iv) Patience, modesty and zeal 121 (v) Adaptability 122 (vi) Loyalty 122 (vii) Physical and mental endurance 123 (viii) Speed 123 (ix) Linguistic versatility 123 (x) Courage 123

8.2 Characteristics of conference diplomats 124 8.3 Professional background and conference diplomacy 125

(i) The lawyer 125 (ii) The economist 126 (iii) The political scientist 126 (iv) The historian 126 (v) The scientist 127 (vi) The parliamentarian 127

9 Groups and Conference Diplomacy 129 9.1 Introduction 129 9.2 Types of groups 130

(i) Regional groups 130 (ii) Political groups 131 (iii) Groups based on formal international economic

agreements 132 (iv) Groups based on a common level of economic

development or some other common interest 132 9.3 Functions of groups 134 9.4 Groups and the negotiating process in conference

diplomacy 135 9.5 The effect of groups on the negotiating process 136

10 Tactics, Instructions, Speeches and Conciliation in Conference Diplomacy 143 10.1 Tactics in conference diplomacy 143

(i) Tactics to get a proposal adopted or defeated 143 (ii) Threats and warnings 145 (iii) Other tactics for opposing a proposal 148 (iv) Tools facilitating negotiation 150

Contents ix

(v) Lobbies, social functions and the exercise of persuasion 151

10.2 Instructions 153 (i) Everything dealt with in detail 153 (ii) General position outlined 154 (iii) Position related to that of other countries 154 (iv) Concluding observations 154

10.3 Communications and speeches 155 (i) The significance of effective communication 155 (ii) Types of speeches in conference diplomacy 158 (iii) Length of speeches 160 (iv) Conference diplomatic language 160

10.4 Conciliation 161

11 The Madrid Peace Process on the Middle East and its sequels 11.1 Past Mediation and Facilitation in the Middle

East Peace Process 11.2 The Madrid Peace Process 11.3 The Role of Certain Participants in the Process 11.4 New Institutional Arrangements 11.5 Post-'Madrid' Developments

Apppendix: European Union Decision-Making

Notes

Suggestions for Further Reading

Index

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165 167 169 171 172

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203

List of Tables and Figures

Tables 2.1 Preparation, discussion and adoption of a resolution 3.1 Examples of scope of conferences 3.2 Examples of periodicity of conferences 3.3 Examples of length of meetings 6.1 Secretariat intensity

10.1 Conference diplomatic language

Figures A.1 The European Union decision-making process A.2 The institutional co-operation procedure A.3 The co-decision procedure (Article 189b of the

Treaty on European Union)

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22 43 46 47 91

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Foreword to the Second Edition

It is an outstanding feature of the present era that, as the number of sovereign states has constantly increased, the new technological envi­ronment has made the world progressively grow smaller. Both these phe­nomena have profoundly affected the scope and depth of international relations. Today's world presents numerous problems which confront several or all states and which, by their nature, require common or joint solutions. There is a category of important questions which can no longer be usefully approached bilaterally or through the diplomacy of limited participation. The search for viable answers to them calls for a multilateral effort.

Consequently, an enormously broad range of topics is being dealt with and acted upon in the forums of multilateral negotiation. The often complex and trans-boundary nature of the action required, technological progress as well as an evolution in the shared values of the international community, create a framework of interdependence, and underscore the need for cooperation between states.

Whether it be called 'plurilateral diplomacy', 'multilateral diplomacy', 'parliamentary diplomacy' or 'conference diplomacy', as the author of this book prefers, the growth of multilateralism has led to emergence of new diplomatic styles and methods in the quest for achieving common objec­tives. These are observed both at occasional and non-institutionalized international conferences and in the permanent and structurally more defined international organizations.

The present study undertakes the difficult task of describing to the reader in a highly analytical and systematic manner the main characteris­tics of this new form of diplomacy. In doing so, it fills, to a large extent, a void in the existing literature. The work goes beyond a legal analysis of provisions regulating the functions of international conferences and organs of international organizations. With great insight, it examines the raison d'etre of these provisions. Applying the rigorous methods of political science, it evaluates the different possible solutions to various institutional questions raised by conference diplomacy.lt should, therefore, be of great help to the growing number of diplomatic schools and other learning insti­tutions which devote a substantive part of their curricula to the art of mul-

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tilateral or conference diplomacy. It should also be most useful for career diplomats working principally in this field.

I commend it to all who view conference diplomacy as an essential and powerful instrument for avoiding potential conflicts and solving the actual ones - indeed, for the development and strengthening of peaceful relations between states.

Javier Perez de Cuellar Former Secretary-General

of the United Nations

Preface and Acknowledgements

This book presents an attempt to provide a comprehensive analysis of con­ference diplomacy: diplomacy as carried out in and in relation to inter­governmental conferences. The analysis is concentrated on three principal sets of actors in conference diplomacy: delegations representing govern­ments, secretariats, in particular the executive heads, and presiding officers. The actions and interactions of these participations constitute the scene for conference diplomacy.

An effort has been made to keep the book concise. For every situation described different possibilities are given. Examples taken from a variety of conferences and organizations are meant to be illustrations and do not imply any evaluative judgement. Indeed, I have generally applied the prin­ciple of 'analysis without judgement' to the entire theme of conference diplomacy as treated in this book. For this reason 'Conclusions' have been omitted, since these would have transgressed into the banned realm of evaluation, while a mere repetition of points made in previous chapters seemed superfluous.

The book contains elements of international law, but apologies are offered to experts in this field who will find, I assume, errors and omis­sions. Similarly, the book does not pretend to be an exercise in 'confer­ence-ology', although i• was felt necessary to explain certain principles and elements of conference organization. Nor does the book pretend to provide a systematic look at intergovernmental organizations, although many examples are derived from their characteristics and experiences.

This third revised edition has essentially maintained contents and format of the original 1968 and 1988 editions. The emerging trend of con­tents and direction of conference diplomacy has been presented in the new Prologue - 'Whither Conference Diplomacy?' In the various chapters an effort has been made to put before the reader new developments and examples, for example on the use of consensus, the role of groups, and the bizarre ways in which elections for heads of organizations are (still) taking place. While previous editions gave some attention, in the various chap­ters, to European Community (now European Union) decision-making, I have now added an Appendix summarizing EU methods.

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xiv Preface and Acknowledgements

Numerous persons have again assisted me in providing information useful in the updating of the previous edition. In order not to saddle them with any even remote responsibility I refrain from mentioning their names. I do wish to record my gratitude for cooperation received from the libraries at the Palais des Nations (United Nations) in Geneva, the Peace Palace in The Hague, the Netherlands Institute for International Relations 'Ciingendael', the Netherlands Ministry of Foreign Affairs and the Institute of Social Studies, also in The Hague.

The Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS) has again provided logistical assistance. I am par­ticularly grateful to Saskia Lepelaar, Anne Simpson and Anneke Vrins, who have helped to produce the drafts for this revised edition.

Finally, I wish to put on record my appreciation to the publishers of the previous editions (first, in 1968 Sijthoff in Leiden, then in 1988 Martinus Nijhoff in Dordrecht), and to Macmillan, in particular Mr T.M. Farmiloe and Miss Gniinne Twomey, for whose patience and advice I am grateful.

The Hague JOHAN KAUFMANN

Abbreviations

ACABQ

ACP A SEAN BENELUX

CERN CFSP COREU DPI EC ECA ECE ECLA ECOSOC EEC ECSC EFTA ENDC EPC EU EURATOM FAO GA GAOR GATT IAEA IBRD ICAO ICM IDA IFAD IFC ILC ILO IMCO IMF

Advisory Committee on Administrative and Budgetary Questions African, Caribbean, Pacific countries (associated with EC) Association of South East Asian Nations Belgium, Netherlands and Luxembourg Customs and Economic Union European Organization for Nuclear Research Common Foreign and Security Policy (EU) Correspondants Europeens (EU communications system) Department of Public Information European Communities Economic Commission for Africa Economic Commission for Europe Economic Commission for Latin America Economic and Social Council European Economic Community European Coal and Steel Community European Free Trade Association Eighteen-Nation Committee on Disarmament European Political Cooperation European Union European Atomic Energy Community Food and Agriculture Organization of the United Nations UN General Assembly UN General Assembly Official Records General Agreement on Tariffs and Trade International Atomic Energy Agency International Bank for Reconstruction and Development International Civil Aviation Organization Intergovernmental Committee for Migration International Development Association International Fund for Agricultural Development International Finance Corporation International Law Commission International Labour Organization Intergovernmental Maritime Consultative Organization International Monetary Fund

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IMO 10M ITO ITU LAFfA LOS NATO NGO OECD OPEC OSCE R.&D. SEA SNT SUNFED UN UNCED UNCSAT

UNCTAD UNDOF UNDP UNEF UNEP UNESCO

UNHCR UNICEF UNTSO UPU WFP WHO WIPO WMO WTO

Abbreviations

International Maritime Organization International Organization for Migration International Trade Organization International Telecommunication Union Latin American Free Trade Association Law of the Sea (Conference) North Atlantic Treaty Organization Non-Governmental Organization Organization for Economic Cooperation and Development Organization of Petroleum Exporting Countries Organization for Security and Cooperation in Europe Research and Development Single European Act Single Negotiating Text Special United Nations Fund for Economic Development United Nations UN Conference on Environment and Development United Nations Conference on the Application of Science and Technology for the Benefit of the Less Developed Areas United Nations Conference on Trade and Development UN Disengagement Observer Force United Nations Development Programme UN Emergency Force UN Environment Programme United Nations Educational, Scientific and Cultural Organization UN High Commissioner for Refugees United Nations Children Fund UN Truce Supervision Organization Universal Postal Union World Food Programme World Health Organization World Intellectual Property Organization World Meteorological Organization World Trade Organization, World Tourism Organization