Intergovernmental Negotiations Research Articles

Negotiating with your mouth full: Intergovernmental negotiations between transparency and confidentiality

AbstractTransparency lies at the heart of canonical theories of international negotiations and institutions—yet it is rarely directly measured or explained. This paper explores the potential downsides of transparency reforms in intergovernmental negotiations and institutions. We argue that as formal international meetings open up to the public, negotiators face incentives to shift deliberations to more informal and opaque venues, especially for sensitive and domestically contested issues. To test when and why this occurs, we present new data on three decades of intergovernmental negotiations in the Council of the European Union (1990–2019), and in particular the use of informal breaks where no minutes are taken. We find that recourse to such breaks—especially at lunch time—has increased substantially, and that ministers often take these opportunities to discuss controversial topics. We deploy quantitative and qualitative analyses to show that variations in informal breaks correlate both with institutional enhancements to transparency and with specific concerns over antagonistic political mobilization at home, notably in the form of Euroscepticism. These findings challenge received positive and normative theories about transparency in international institutions, and contribute to the literature on informal governance, negotiation studies, EU politics, and the transnational democratic deficit.

Negotiated Federalism: Intergovernmental Relations on the Maritime Frontier, 1789–1815

Abstract: The U.S. Constitution was designed to produce a profound alteration in the structure of the American federal polity by giving the U.S. government the power to raise its own money and enforce its own laws within the states. But when federal officials began to implement the new constitutional order across the union in 1789, they realized that this process required the participation and consent of state governments, whose legislation, investment, and manpower were needed to allow federal laws to take effect. Because of the power that state governments continued to wield, the successful institution of federal authority within the states relied on intergovernmental negotiation. The Atlantic port cities presented a crucial test case for this negotiated federalism, as the federal government sought to exercise power in spaces where state authority was already entrenched. In the course of setting up the customs and lighthouse services, rebuilding coastal fortifications, and enforcing neutrality and embargo regulations, early federal officials encountered the limits of federal power within the states, and developed intergovernmental negotiation strategies that allowed them to execute federal law in the ports. This negotiated federalism would become fundamental to the governance of the American union.

Rhetorical frames: a strategy of governmental power in international negotiations

Power comes not only as conventional Compulsory Power but also as Institutional, Structural, or Productive Power. We focus on under-explored Productive Power (the ability to produce and give meaning to social identities and capacities through discursive processes and practices) and the related strategy of rhetorical framing (using particular words or terms to characterise an issue and imply appropriate actions in line with that characterisation). Spotlighting the strategy’s dual offensive/defensive utility and relatively low resource requirements, we expect the strategy of rhetorical framing (and counter-framing) to be: (1) prevalent in inter-governmental negotiations, and (2) used even by conventionally ‘very weak’ states. Employing text analysis on over 5000 observations from the World Trade Organization’s (WTO) negotiation transcripts between 1995 and 2020, we confirm that states ‘weak’ in Compulsory Power are nevertheless wielding Productive Power and its related strategy of rhetorical framing. Whilst conventionally strong states emphasise a Reciprocation Frame (mutual concessions between states), conventionally weak states emphasise a Redistribution Frame (one-way concessions from some states to other states). Such findings make two important contributions: we exhibit the mechanics of an under-explored type of power and show what happens in international institutions when no single rhetorical frame dominates.

Achieving European Union strategic autonomy: circularity in critical raw materials value chains

Abstract Why is it important to understand the potential of circular economy for security? With the green transition in full swing and vulnerabilities in value chains as a consequence of the COVID–19 pandemic and Russian aggression towards Ukraine, this question has never been more timely. Titanium metal constitutes a poignant case, as it is a critical raw material essential for the strategic civil aerospace and defence sectors. In addition, circular economy solutions constitute a viable solution to mitigate import dependencies in the case of this particular raw material. The European Union, with one of the largest aviation industries globally, is dependent on titanium imports from Russia and the United States. The latter, in turn, (re)imports titanium scrap from EU aviation manufacturing to increase material efficiency and reduce costs through recycling. Based on extensive stakeholder interviews across several countries and quantitative trade data, this article presents a first-time analysis of how, in the case of the titanium value chain, circular economy solutions can support the EU Open Strategic Autonomy (OSA) objectives, as enshrined in the 2023 Critical Raw Materials Act. We suggest that in order for the EU to achieve both the OSA and decarbonization objectives, it is essential to prioritize the establishment of recycling facilities as part of reshoring of the mid-value titanium industry. With the prospect of Ukraine becoming an EU member state, this strategy could be complemented by investments into the decarbonization of the upstream value chain in Ukraine while meshing it further with the EU industrial base. We argue that such reshoring could be best achieved through careful intergovernmental and industrial negotiations between the US and EU stakeholders within the formerly established channels for aviation dispute resolutions and within the framework of Ukraine's postwar reconstruction and potential EU accession.

Illiberal Concept of EU Reform: Polish Conservative Ideologists in the Debate on Differentiated Integration

Differentiated integration is the outcome of intergovernmental negotiations resulting from states’ diverse preferences on the European Union’s systemic model. The heterogeneity of states’ preferences is rooted in many factors of differentiation, where economy and ideology play the leading roles. Their specific interconnection contributed to the creation of the Polish conservative vision of European integration proposed by ideologists close to the Law and Justice party. Three main postulates emerged from their opinions: re-constitution, intergovernmental democracy, and de-hierarchization. This article aims to place this EU vision in the context of the debate on differentiated integration. The thesis is the view that Polish ideologists transformed the political ‘vision’ into a hybrid ‘concept’ of differentiation combining temporal, institutionally based, policy-based, and territorial divergencies.

Introduction: escaping the politics trap? EU integration pathways beyond the polycrisis

ABSTRACT Since 2016, the EU has widely been considered to be in a state of ‘polycrisis’, where simultaneous, mutually reinforcing challenges threaten the Union’s cohesion and legitimacy. Such polycrises may fracture Europe’s political space, creating cross-cutting ‘polycleavages’ that polarise member states and their citizens asymmetrically, thereby constraining the EU’s capacity to forge effective compromises on key policy issues. In so doing, they exacerbate the risk of the EU’s falling into a multi-level ‘politics trap’, where negative politicisation of European issues inhibits national leaders from agreeing ambitious solutions in intergovernmental negotiations, while the ensuing deadlock in turn saps the Union’s output-based legitimacy and fuels a Eurosceptic ‘constraining dissensus’. In this introductory article, we develop an analytical framework elaborating the concepts of polycrises, polycleavages, and politics traps, which we then use to present and interpret the main findings of the contributions to this collection, focused on the Covid-19 pandemic and the Russian invasion of Ukraine. The most important takeaway from the contributions to this collection is that – consistent with our framework – the EU has clearly proved more resilient to the potential negative consequences of politicisation than many commentators had expected at the beginning of this long polycrisis decade.

Pathways of scientific input into intergovernmental negotiations: a new agreement on marine biodiversity

A new legally binding agreement for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) was adopted by consensus on 19th June, 2023. Setting new regulations and filling regulatory gaps of the United Nations Convention on the Law of the Sea are expected to be informed by “best available science”. It is critical to understand how science entered the negotiations, which defined the global scientific knowledge base of decision-makers. This paper presents various pathways over which scientific input entered the BBNJ negotiations, using empirical data, collected through collaborative event ethnography, including participant observation and semi-structured interviews at the BBNJ negotiation site. Results show that scientific input in the BBNJ negotiations was not systematic and transparent but dependent on (a) available national scientific capacity, (b) financial resources, (c) established contacts and (d) active involvement of actors. Results of the study call for formalised science-policy interfaces, initiated by the UN Secretariat to guarantee a global knowledge base for decision-making. Keywords: international negotiations; United Nations; marine biodiversity; BBNJ; ocean protection; science-policy interfaces.

The landlocked ocean: landlocked states in BBNJ negotiations and the impact of fixed land-sea relations in global ocean governance

This article examines the multifaceted dimensions of landlockedness within the realm of international discourse, with a particular focus on its implications for managing global commons. Drawing from socio-legal literature and auto-ethnographic experiences during the recent intergovernmental negotiations for the BBNJ agreement under the 1982 Law of the Sea (UNCLOS) as a case study, the paper prompts essential inquiries into the true essence of being landlocked in the face of global environmental challenges. Beyond traditional geographical definitions, the paper reveals the dynamic nature of landlockedness and underscores the intricate interplay of social, economic, cultural, geographical, and political factors in determining who has access to ocean space and resources and who does not. It emphasizes that landlockedness is not a static legal or physical characteristic but an ongoing process shaped by historical and political constructs. Expanding beyond the national level, the article illustrates how individuals, whether coastal or inland, experience isolation from the ocean, influencing their interactions with, perceptions of, and regulatory proposals for the ocean. This approach illuminates existing paradigms in the access, use, and management of space and resources. In conclusion, the article advocates for more inclusive and adaptable approaches in international policy debates. It calls for a departure from rigid classifications, urging for upholding collective action, recognising the intricate connections between geography, politics, law, and the environment.

Conceptual framework for identifying polymers of concern

With the increasing global concern over plastics' environmental and human health impacts, the urgency for effective regulatory measures is evident. The UN Environment Assembly's initiative to establish an international, legally binding instrument via the Intergovernmental Negotiating Committee (INC) on Plastic Pollution marks a significant step toward addressing this issue. However, the vast diversity of plastic types and their myriad applications present a complex challenge in pinpointing the most critical targets for regulation. This study builds on the existing body of literature to outline potential key criteria for identifying Polymers of Concern (PoC). We recommend a dual-focused definition of PoCs considering both (1) the type of the plastics and (2) their domain of applications based on the environmental and human health impacts throughout the polymer's life cycle. Recognizing the current gaps in our understanding of the full spectrum of plastics' impacts across their life cycles, we suggest adopting a precautionary approach that factors in the volume of plastics entering natural ecosystems alongside their life cycle impacts as reported in the literature. We then bring forward existing data on the assessment of some of the main polymer types and applications. We propose that policymakers examine a wide spectrum of strategies including not only bans and phaseouts but also economic incentives, innovation, and the redesign of plastic materials and products to mitigate the adverse impacts of PoCs. We further emphasize the importance of thoroughly assessing the feasibility, costs, and environmental, social and economic implications of alternative materials to avoid “regrettable substitution.” We conclude by identifying existing knowledge gaps and emphasizing the need for further research to refine the proposed criteria for identifying PoCs.

Adoption d’un nouveau cadre mondial pour la biodiversité : bilan critique de la COP 15

ABSTRACT The preparation of a new global framework for the post-2020 period occupied a central place in the intergovernmental negotiations on biodiversity from 2018 to 2022. The framework had to be adopted at the fifteenth Conference of the Parties (COP 15) to the Convention on Biological Diversity. This article presents a critical analysis of COP 15 based on a recount of past biodiversity governance initiatives at the global scale, a review of the negotiations held from 2018 to 2022, and a comparison of the expectations and results of the conference. The objective is to offer a critical appraisal of COP 15 based on interviews realized during and after the conference with experts and practitioners, as well as a review of the scientific literature and official documentation. The appraisal raises four main critics pertaining to the limits of the targets, governance tools, text clarity, and the approach to the new global framework. The results contribute to the reflection on biodiversity governance, the evaluation of international negotiations, and the discussions on the operationalization and implementation of the new global biodiversity framework.

It takes two to tango: the second session of negotiations (INC-2) for a global treaty to end plastic pollution

The United Nations (UN) Intergovernmental Negotiating Committee (INC) has completed its second round of negotiations on a new international legally binding instrument to ‘end plastic pollution’. This paper examines the results of the second session of negotiations, which took place May 29–June 2, 2023, and analyses the trends, barriers, and themes shaping the emerging legally binding instrument. The paper considers the discussion surrounding the Options Paper as presented by the INC Secretariat and United Nations Environmental Program based upon written submissions received by UN member states prior to the second session of negotiations. These include potential elements the future treaty text may include—namely objectives, core obligations, and implementation and monitoring measures. At the second session of negotiations, progress towards consensus on these items was severely lacking. We draw on close observations via event ethnography of participants during the negotiations and document analysis. We conclude by looking towards the third round of negotiations by discussing the ongoing ‘dance’ of sorts as submissions are being asked of member states and like-minded groups to contribute to the zero draft treaty text.

Business In (Action): The International Chamber of Commerce and Climate Change from Stockholm to Rio

This paper engages with the literature that has looked at the historical response to climate change among industries positioned to have had a far-reaching impact on changing the course of the climate crisis. While much of the historical research in this domain has focused on the role of big oil companies, the utility industry and conservative think tanks in the manufacturing of doubt regarding climate science and opposing ambitions climate policies, our focus is on the International Chamber of Commerce (ICC) – the world’s largest transnational business association. Unlike individual multinational corporations, the ICC developed a close ties and collaborations with the United Nations Environment Programme (UNEP), which made ICC positioned to influence international policy discussions. This study finds that the ICC developed a dual strategy, which set aside climate change as the focus for discussion and business action. One strategy, led by ICC Environment Committee, involved intense collaboration with the United Nations and developing a business agenda for sustainable development. At the same time, the creation of the International Panel of Climate Change (IPCC) in 1988 and the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change (INC) in 1991, gave rise to a parallel strategy, led by ICC’s related oil companies. As this study finds, the ICC’s Energy Committee developed close ties to the Global Climate Coalition, a front group designed to combat the scientific evidence of climate change. The paper concludes that the ICC was able to delay meaningful regulatory response to climate change the between 1988-1992 by forming a broad coalition of competing interests and collaborating with agencies established under the auspices of the United Nations.

Climate (in)Justice in Action? A Commentary on COP28 and Emerging Accounting Mechanisms

ABSTRACT With the concept of ‘just transition’ entering the mainstream of intergovernmental climate negotiations, social and environmental accounting scholars have a new and critical role in the global pursuit of climate justice. At its core, accounting mechanisms are being called upon to navigate a paradox inherent to the just transition: pursuing scalability through standardisation and simultaneously prioritising a tailored approach to national and sub-national contexts. While we venture potential conceptual approaches to grapple with this paradox, our priority for this article is to outline what we hope is a starting point for an agenda on accounting for climate justice. It, therefore, looks to provoke debate on an array of research questions and interventions, from the role of COPs (Conferences of the Parties to the United Nations Framework Convention on Climate Change) in giving birth to new accounting mechanisms, to the need to engage with the Intergovernmental Panel on Climate Change (IPCC) to highlight the relevance of accounting research in operationalising climate justice. Irrespective of how our community responds, notions of climate justice are already being made manifest in the international accounting mechanisms that aim to guide a just transition. We therefore call for action from the social and environmental accounting community.

Defining an effective “plastics treaty” through national perspectives and visions during early negotiations

Abstract With increased international concern over the pervasive plastic pollution problem, early negotiations to develop a legally binding instrument to end plastic pollution (“the Plastics Treaty”) were supported by 175 member countries toward a sustainable plastics future. Defining features of the plastics treaty by UNEP member countries began in Punta del Este, Uruguay in November 2022 during the first session of the Intergovernmental Negotiating Committee (INC-1). However, INC-1 ended with many unanswered questions regarding the structure, scope, and targets of the treaty. Sixty-seven member countries, including members of the High Coalition Ambition, submitted their objectives, guiding principles, and expectations for the treaty before the INC-2 negotiations while also suggesting measures for its effective implementation. This paper compiles submissions of the 67 member countries and evidence-based policymaking approaches that have been described in peer-reviewed and gray literature following INC-1, but before the INC-2 negotiations in Paris, France in June 2023. Recommendations for developing an effective plastics treaty by most member countries include incorporating the complete life cycle of plastics, promotion of transparency in global trade through uniform labeling measures, capping virgin plastic production, incorporating extended producer responsibility to develop a circular economy, and addressing hazardous chemicals in plastics. Suggested implementation measures include building a multilateral fund, supporting smaller countries with technology transfer, improving local stakeholder engagement, developing subsidiary bodies, and regular national reporting. Encouragingly, many of these national plans were proposed in the Zero Draft document released in September 2023 before INC-3 in Nairobi, Kenya in November 2023 and further developed in the revised draft text which served as the provisional agenda at INC-4 in April 2024 in Ottawa, Canada.

“The human face of the UN plastics treaty”? The role of waste pickers in intergovernmental negotiations to end plastic pollution and ensure a just transition

Abstract Waste pickers are recognised as a key stakeholder in the ongoing negotiations towards an international legally binding instrument to end plastic pollution. Up to 34 million waste pickers contribute to recovering close to 60% of recycled post-consumer plastic waste globally. The International Alliance of Waste Pickers (IAWP) has actively engaged in the negotiations to safeguard a just transition for these important but vulnerable and frequently overlooked workers. This article explores how the IAWP has gained prominence in the plastics treaty negotiations through three iterative processes. First, the reiterative naming of “waste pickers” has constituted a symbolic practice and discursive influence that heightened recognition of waste pickers’ role as knowledge and rights holders in a just transition to end plastic pollution. Second, the performative dimension of waste picker advocacy has influenced official and informal events. Third, by engaging in “scale work”, waste pickers have influenced and leveraged their alliances to work towards a just transition across national, regional and international levels. By examining the role and influence of waste pickers in the plastics treaty through the frames of naming, performance and scale, the article contributes to advance the scholarly literature on just transition and grassroots movements in global environmental governance (GEG).

Canadian Law Between the Wars

Examined through a legal prism, Canada is an officially bilingual federal state with a bi-juridical legal system based, for the most part, on the traditions of British common law as it has evolved over the years. But in Quebec, the private law is civil law, contained in a Civil Code, derived from the laws established in what was New France. Canadian public law is essentially British. The current Head of State is King Charles III, Head of the Commonwealth. Canada’s constitution sets forth, inter alia, the jurisdictional competence of the federal government and that of the provinces and territories. Over the course of the more than 150 years since Confederation, the respective governments have engaged in much litigation, testing the limits of their respective legislative powers. Beginning in the early years of the twentieth century, an increasing volume of legislation developed as Canada progressed from its colonial status to a fully autonomous state with full control of both its domestic and foreign affairs. The scope and volume of legislation increased substantially in the lead-up to the Second World War (and thereafter) as governments, in their respective spheres, sought to create a legal environment that was attentive to a broader range of social issues. The existence of a federal state complicated the development and enactment of policies that produce the same outcomes throughout the country, since the constitution confers legislative jurisdiction on the provinces regarding property and civil rights. Much effort is expended in intergovernmental negotiations, leading to achievement of substantially harmonised results.

Loss and Damage, Climate Victims, and International Climate Law: Looking Back, Looking Forward

AbstractAfter more than three decades of negotiations, the international response to climate change under the United Nations Framework Convention on Climate Change (UNFCCC) appears to have come full circle. At COP27, parties to the UNFCCC agreed to establish a multilateral fund to address loss and damage from global temperature rise, an idea that was initially put forward by the Alliance of Small Island States (AOSIS) in the early 1990s. Employing a historical critique, which draws upon archival and doctrinal research and interviews with key informants who participated in the early days of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change, this article examines the AOSIS proposal in its wider historical context, and provides reflections for the renewed endeavour to negotiate a multilateral fund on loss and damage, in particular with a view to achieving justice for climate victims.

The Global Plastics Treaty: An Endocrinologist's Assessment.

Plastics are everywhere. They are in many goods that we use every day. However, they are also a source of pollution. In 2022, at the resumed fifth session of the United Nations Environment Assembly, a historic resolution was adopted with the aim of convening an Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, with the intention to focus on the entire life cycle of plastics. Plastics, in essence, are composed of chemicals. According to a recent report from the secretariat of the Basel, Rotterdam, and Stockholm conventions, around 13 000 chemicals are associated with plastics and plastic pollution. Many of these chemicals are endocrine-disrupting chemicals and, according to reports by members of the Endocrine Society and others, exposure to some of these chemicals causes enormous costs due to the development of preventable diseases. The global plastics treaty brings the opportunity for harmonized, international regulation of chemicals with endocrine disrupting properties present in plastic products.

How backsliding governments keep the European Union hospitable for autocracy: Evidence from intergovernmental negotiations

AbstractThe European Union (EU) is a democratic organization but faces severe cases of democratic backsliding. The literature deems the EU a hospitable environment for and reluctant to reign in backsliding. This study focuses on the tactics that backsliding governments employ to preserve this hospitable environment and the conditions under which they succeed. I argue that backsliding governments seek to repurpose the practice of accommodation that permeates EU decision-making for the protection of their backsliding projects. Doing so promises backsliders an escape from their precarious bargaining position in a democratic organization but comes with constraints. Backsliders must limit opposition carefully to a subset of EU competences, backsliding-inhibiting competences, that threaten their backsliding projects the most. Moreover, they can only rely on accommodation in the Council if the democratic member states perceive opposition as justified and remain insulated from political accountability by Europe’s parliaments. I present evidence based on quantitative and qualitative analyses of bargaining positions, processes, and outcomes in EU decision-making. The results have implications for understanding the EU’s autocratic predicament, the opportunities of backsliding governments, and the role of autocracies in regional and international organizations.

The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment

Abstract In June 2023, the second session of the Intergovernmental Negotiating Committee (INC) to develop an international legally binding instrument on plastic pollution, including the marine environment concluded. It provided an opportunity to gauge the progress made by States and other stakeholders towards agreeing on the potential objective and treaty architecture of a future plastics treaty which is planned to be agreed upon by the end of 2024. This brief intervention outlines the developments made, as well as potential contentious issues that have arisen in relation to procedural and substantive aspects of the negotiations. It also reflects on key highlights.