Pol 213
Pol 213
Pol 213
COURSE LECTURERS:
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Course Requirements
Students are expected to attend and participate actively in class.A combination of assignment,
test, participation in class and a final exam determines the course grade. A medical excuse
with proper documentation is the only permissible reason for missing a test. 75% attendance
is required for a student to sit for end of semester exams.
GRADING
Assignment: 10%
Test: 10%
Exam 70%
Total: 100%
Course Outline
1. Meaning, Nature and Scope of International Relations
2. International Relations and International Politics Compared
3. Historical Evolution and Structure of the International System
4. Approaches to the Study of International Relations: Idealism, realism and
Behaviouralism
5. Foreign Policy: definition, objectives and factors that determine foreign policy
6. International Law-
7. Third World in International Politics: Definition, characteristics and problems of
Third World countries
8. International Organisations: AU, ECOWAS, OPEC and UNO
LECTURE SCHEDULE
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WEEK II: International politics and international relations
1.1INTRODUCTION
Since earliest times, in states like Egypt, China and Greece, relations among nations have
been on although these were mainly among states within the same region. With time
however, the scope of such interactions has widened to include states beyond the same
region. This witnessed the birth of international relations. The history of international
relations based on sovereign states is often traced back to the Peace of Westphalia of 1648, a
stepping stone in the development of the modern state system. Prior to this, the European
medieval organization of political authority was based on a vaguely hierarchical religious
order. As a result of scientific and technological advancement, improvement in transport and
communication and interdependence, the world has become a global village. Today, events in
one part of the globe have an immediate impact on the rest of the world. This way,
international relations concerns all peoples and cultures throughout the world.
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International Relations aims to distinguish the academic discipline of International Relations
(IR) from the phenomena of international relations.
The term ‘international’ was first coined by Jeremy Bentham in his book Principles of Morals
and Legislation in 1789. As a result, international relation was used to define the official
relations between sovereign states. Scholars are however divided on the meaning of the
concept. While some adopt a narrow view, others adopt a broad view. Those who adopt the
narrow view, view international relations as including only official relations conducted by
authorised leaders of the state. The other school of thought on the other hand believes that
apart from official relations, all other interactions among states and all movements of people,
goods and ideas across national frontiers form part of international relations. This is because
while official relations conducted by sovereign states may be central to international
relations, other important groups exert influence on the actions of sovereign states.
International relations therefore cover interactions among non-state actors such as Non-
governmental Organisations, Multinational Corporations, philanthropic organisations,
humanitarian agencies, international organisations and individuals etc.
Thus, international relations is concerned with all the exchange transactions,
contacts, flow of information and the resulting behavioural responses
between and among separate organized societies. International relations
could encompass many different activities social, economic, religious
and so forth in so far as they have implications for international politics. Based on this, we
can define international relations as the sum total of all the interactions (official and non-
official) that take place among individuals, groups and states across national boundaries.
Interactions and transactions that constitute international relations must be ‘inter-national’
and not intra-national. In other words, it must take place across the boundaries of the state.
According to Nanda, ‘international relations refer to the relations existing between sovereign
nations. They are inter group relations and must be thus distinguished from relations among
people who are members of the same primary, nation-state, with which they are apt to
identify themselves and to which they owe their first and foremost allegiance.’
The second meaning views international relations as a discipline or distinct field of
study which studies interactions in the international system. Trevor Taylor (1979) defines
International Relations as a discipline, which tries to explain political activities across state
boundaries,’’ while according to Seymon Brown (1988), it is ‘the study of the patterns of
actions and reactions among states as represented b their governing elite . International
Relations as a discipline studies interactions between and among states and more broadly, the
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workings of the international system as a whole (MacLean and MacMillan 2003).
Interactions could be between states or formal and informal agents of the states in the
international system. Though this second view of international relations denotes a separate
field of academic inquiry distinct from other social sciences like law, sociology, psychology,
economics etc, IR is a multi-disciplinary field of study.
Despite the differences in meaning between international relations as a phenomenon
and as a discipline, in practise both meanings overlap and it’s hard to draw a line of
demarcation between the two. For instance, scholars often draw on academic perspectives to
present a simple overview of international relations.
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International Relations, in summary, covers the following subject areas;
a. International politics—this deals with all relations that culminate the binding decision
of the international system.
b. Foreign policy—those explicit goals and objectives which a state sets or design to
achieve beyond its national frontiers.
c. Diplomacy—refers to the application of intelligence and tact to the conduct of official
relations between the governments of independent states.
d. Strategic studies—this deals with developments in military technology and their
impact in the conduct of war.
e. International organizations—these are corporate actors that are not nation states
within the global system. They possess some distinct international identities of their
own different from the international identity of a group of states comprising them.
f. International economic relations—this is an aspect of international relations that deals
with economic issues.
g. International law—a set of rules that regulate the conduct of states in their relations
with one another
In addition to the above subjects, the study of IR has also includes; gender studies,
international terrorism, globalisation, human right etc.
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always its immediate aim. In other words, the use of power to achieve its aim is central to
international politics. According to H.J. Morgenthau (1967),“International Politics include
analysis of political relations and problems of peace among nations. He stated further, “it is
struggle for and use of power among nations.”Charles Schleicher on his part believes, “All
inter-state relations are included in international politics, though all the inter-state relations
are not political.” State actors may define their goals in terms of religious, economic,
philosophical and social ideals but if they choose power to achieve these ends, international
politics is at play. This means any action or activity undertaken by states without
consideration of power does not constitute international politics. Every state weak or strong
wants to spread its influence over other nations in their interactions. International politics
implies that international relations involve attempts by actors in the international system to
manipulate other actors. Therefore power becomes the most important instrument for
influencing, controlling or manipulating the other. Furthermore, it believes that in
international relations actors are seldom restrained by moral or religious considerations or
legal principles or by a commitment to the resolutions or decisions of international
organisations. They act first and try to rationalise or justify their actions later. In addition,
international relations are viewed as relations of conflict premised on each state’s national
interest and this does not give room for harmony and cooperation. This conflict situation
makes it necessary to apply state power to protect the interests of actors in the international
system.
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International relations deal with official, non-official, political, non-political activities
involving state actors and non-state actors while international politics deals with official
political relations between and among governments acting on behalf of their states.
International politics and international relations are different in their goals and
objectives. The goal of international relations is the establishment of International peace
through cooperation and collaborations among state actors and non-state actors. Central to
international politics is the protection of national interest. It is concerned with those aspects
of international relations in which conflict of purpose or interest is paramount. The use of
power to achieve this aim encourages conflicts and wars purpose different nations. Power
therefore is both a means as well as an end in international Politics.
Despite the differences, international politics, that is, the interaction of state policies
forms the core of contemporary international relations.
INTRODUCTION
The idea of system in international relations is premised on the belief that the international
system like the human body is made up of different parts.
International system is a concept for analysing and describing international politics and
relations (Hatsuse not dated). The international system refers to an organised environment of
sovereign and presumably equal states bound together by the conduct of international law and
diplomacy. It is a community comprising states of the world. The international system is
dynamic and organised. The history of the contemporary international system dates back to
the Treaty of Westphalia in 1648 which put an end to the wars in Europe and ushered in
sovereign statehood, international law and diplomatic relations.
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The study of international relations ostensibly passed through many phases. According to
Kenneth Thompson, it has passed through four stages. Also, there is a unanimous agreement
among experts that international relations as a field of study started in a small Welsh town,
out of unexpected bloodletting of World War 1. Prior to the First World War, experts from
various disciplines (Law, Philosophy, and History) speculated on the problems of war, peace
and justice. Their emphases were on reviewing and recording treaties and the legal as well as
states diplomatic engagements. They avoided the study of current affairs as well as deducing
any universal principles from the descriptive study of facts. This precluded the study from
being scientific as it did not evolve theories and so on. They believed that states ought to
behave in accordance with the same moral principles that guide individual conduct.
The second wave of interest in international relations was brought about by World War II.
This eloquently brought the inadequacies of the previous assumptions to the fore. Thus the
study of international relations moved from consideration of the best ways of doing what it
had mistakenly assumed everyone wanted to do, to consideration of what people really
wanted. Emphasis on current affairs was gaining ascendance.
The third stage also started after World War I and continued through the inter-war period and
beyond. Emphasis then was on institutionalization of international relations through law and
international institutions. This is aimed at solving international problems with through these
laws and institutional mechanisms. Thus emphasis in the third stage shifted from diplomatic
history and current affairs to international law and organizations in the 1930s and beyond.
On the other hand, the World War II marked another turning point and an evolutionary trend
in international relations. From Law and organizations, there was a movement to emphasis on
forces and influences which shape and condition the behaviour of states. Such include
determinants of foreign policies, techniques of the conduct of foreign relations, and the mode
or resolution of international conflicts. This marked the fourth stage of the development of
international relations as a field of study. This stage also saw to the emergence of the realist
scholars and evolution of scientific theories of International Relations. Thus, it could be said
that the turning point occurred due to technological advancement, end of colonialism and the
rise of new nations, the principle of universal values and the desire for a theoretical order in
the knowledge of international relations.
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The realist scholars who emerged at this stage proposed that national policies should be based
on power in order to achieve world peace rather than on some moralistic or legalistic
principle.
World War II effected major changes in the nature and operation of the world political
system. On the political front, a series of shifts have occurred after 1945 that involved the
actors and the polar structure of the system. World War II destroyed the long lasting
decaying, mostly European based multi-polar structure. In this stead emerged a bipolar
structure dominated by the Soviet Union and the United States. In this structure, USA was the
military and economic superpower and the leader of the pole. The Soviet Union, through
incredibly damaged was the leader of the other pole. USSR never matched the USA
economically but had a huge conventional armed forces, a seemingly threatening ideology
and by 1949, atomic weapons. The East-West axis was established (Onuoha, 2008). This
situation is known as ‘Cold War’.
The end of the bipolar and the obituary of Socialism were in view after Mikhail S. Gorbachev
emerged as Soviet leaders in 1985. He introduced dramatic reforms in the Soviet’s Union
oppressive political system by allowing a great degree of openness (Glasnost). He also sought
to restructure (Perestroika) the soviet’s cumbersome bureaucratic and economic system. In a
bid to secure favourable relations with the West, Gorbachev withdrew Soviet Forces from
Afghanistan and announced that the USSR was willing to let Eastern Europeans follow their
own domestic policies. East Germany dissolved itself on October 1990 and was absorbed by
Western Germany. Other Communist governments in the region also fell and in February
1991 Warsaw Pact was dissolved. Reversion of this trend was tried in 1991 by the old guard
communist but to no avail. Within six months, the USSR collapsed and its constituent
republics declared their independence. On Dec. 25, Gorbachev resigned his presidency of a
country that no longer existed. This gave way to unipolarity and the hegemony of the United
States.
The dissolution of the hegemonic section (Eastern Europe) of the Soviet Russian Empire in
1989 and the further dissolution of the imperial core (Soviet Union) in 1991 brought the
previous bipolar world to unipolar phase. Unipolarity means a power structure where United
States is the sole Superpower. Unipolarity goes with hegemony. Hegemony refers to a highly
unequal political or politico-military influence relationship. Under this arrangement today,
US intervenes in other countries’ local wars, decides how UN General Assembly reacts to
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issues, confers legitimacy and recognition on friendly states and describes their enemies as
‘axis of evil’. As hegemony, America exports her language, ideology, religion and ethics,
customs, democratic values and institutions to other nations whether it is good or detrimental
to them
4.1 INTRODUCTION
Following the expansion in the scope of the discipline of International Relations after World
War I, various approaches have been adopted by scholars for the study of international
relations. The various approaches to the study of international relations have been classified
into two major categories; classical approach or traditional approach and scientific approach.
The classical or traditional approach was in vogue till the middle of the 21 st Century, though
at present, some scholars still subscribe to it. The traditional approach scholars made
descriptive analysis of international relations. According to Hedley Bull (1966), ‘‘the
traditional approach is the approach to theorising that derives from philosophy, history and
law, and that is characterised above all by explicit reliance upon the exercise of judgment and
by the assumptions that if we confine ourselves to strict standards of verification and proof
there is very little significance that be said about an international relations that general
propositions about this subject must therefore derive from a scientifically imperfect process
of perception or intuition, and that these general propositions cannot be accorded anything
more than the tentative and inconclusive status appropriate to their doubtful origin.’’ This
means that the traditional approach is basically normative, qualitative and value judgment
approach. The two dominant approaches under the traditional approach are the realist and
idealist approaches.
Often described as the dominant worldview in the study of International Relations (IR),
realism also known as political realism has been implicated in every major debate in IR over
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the last 50 years (Elman 2007). Realism has been the dominant theory of international
relations since the conception of the discipline. The theory claims to rely upon an ancient
tradition of thought which includes writers such as Thucydides, Machiavelli, and Rousseau.
Realists also identify with Thomas Hobbes (1588–1679). Twentieth-century classical realism
is generally dated from 1939 and the publication of Edward Hallett Carr’s The 20 Year’s
Crisis. It was, however, Morgenthau’s Politics Among Nations: The Struggle for Power and
Peace, which became the undisputed standard bearer for political realism, going through six
editions between1948 and 1985.
Another tenet of realism is that states must rely on traditional military power as n o
other nation states can be relied upon to help guarantee the state's survival.
The realist approach has been criticised on the grounds of ambiguity and
inconsistency with reality.
Thirdly, the assumption that all men and states seek their national interests in terms of
power portrays a perpetually unfriendly or conflict oriented international relationship. There
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are elements of mutual cooperation among nation-states which exercises profound influence
on the conduct of international relations.
Fourthly, the wrong assumption that power is the most important goal which nations
pursue relegates to the background others considerations such as security, protection and
promotion of ideology influence the actions of states.
Fifthly, the assumption that all international relations involve power ignores non-
political relationships and activities such as international sports and cultural fiestas which do
not involve power.
Sixthly, the theory treats the world as a static unit in which power is a guiding factor
forgetting that nations are dynamic and change from time to time.
Idealism emerged after World War I when it became obvious that military force could
no longer achieve its objectives. The First World War was a catastrophe of global proportions
which had resulted in the massive loss of lives and ended in a stalemate with little prospect of
victory. The new school arose and called for the renunciation of war as a national policy,
institutionalisation of an international order, and replacement of balance of power politics
with collective security. Idealism is based on the following assumptions:
War is a senseless act which could never be a rational tool of state policy
Wars are often the result of secret agreements between states and could be prevented
if the citizens were made aware of agreements that could encourage it. Tension which
could lead to war could be removed through the spread of statehood and democracy.
Wars also result from the pursuit of national interests of member states.
A system of international collective security was most desirable where aggression
against one was aggression against all. That is, one for all and one for one.
Man by nature is good and kind and people are therefore capable of mutual aid and
collaboration. Thus, instead of an anarchic international system, there are plenty of
opportunities for cooperation.
Absolute gains can be made through co-operation and interdependence thereby
leading to the achievement of peace.
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Idealists regard power politics as the passing phase of history and presents the picture of
a future international society based on the notion of reformed international system free from
power politics, violence and immorality and aims at bringing a better world with the help of
education and international organisations. International law and treaties are also viewed as
bases of promoting mutual respect for one another and enhancing regional and world peace
(Akinbobola 1999). Some Idealists include; Woodrow Wilson, Immanuel Kant, Bertrand
Russell. The idealists have been criticised for being unrealistic and utopian. Their ideas are
said to be incongruent with the reality of the inherent lust for power among nation-states and
the pursuit of national interest by whatever means. The outbreak of World War II despite the
institution of the League of Nations led to the further criticism of idealism and the
inadequacy of the theory.
This approach became popular after World War I. It lays more emphasis on the
methods of study rather than the subject-matter. Behaviouralists sought to remedy the defects
of the traditionalists by advocating the use of scientific methods in the understanding of
international relations. The approach is based on the proposition that international relations
like any other social activity involve people and could thus be explained by analysing and
explaining the behaviour of people as it is reflected in their activities. The scientific approach
applies scientific method and ignores the boundaries of orthodox disciplines. Central to the
scientific approach is the study of the behaviour of men. The approach is inter-disciplinary
and draws from fields such as sociology, psychology and anthropology. Proponents of this
approach include; J. David Singer, Ole Holsti, Morton Kaplan and Graham T. Allison.
5.1 INTRODUCTION
No nation is an island. Nations interact with one another for their mutual benefits. Foreign
policy is the basis of official interactions among nations. Foreign policies are general
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objectives that guide the activities and relationships of one state in its interaction with other
states. They are strategies governments use to guide their actions in the international arena,
for instance the decision to go or not to go war with a neighbouring state, which country or
not to interact with etc form part of a nation's foreign policy (Pevehouse and Goldstein
2013).
There are many definitions of foreign policy but a few of them would be considered
here.
Charles Lerche and Abdul A. view it as the general principles by which a state
governs its reaction to the international environment (Charles and Abdul 1979).
For Joseph Franknel, foreign policy consists of decisions and actions which involve
some appreciable extent relations between one state and another (Franknel 1975). And yet in
another work, he defined it as the dynamic process of interaction between the changing
domestic demands and support and the changing external circumstances (Franknel 1963).
One distinct feature in these definitions is the fact that foreign policy is an interaction
between the domestic and external environment (Anifowose and Enemuo 2005).
Foreign policy can therefore be defined as the sum total of a state’s relation with the
outside world involving the interplay of internal and external forces.
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5. 3 OBJECTIVES OF FOREIGN POLICY
The primary responsibility of all framers of foreign policy is to articulate in clear
terms their country’s national interests and to relate them to those of other nations within the
international system. The efficient pursuit of foreign policy goals presupposes the existence
of a credible and widely accepted general principle on which to base an overall foreign
policy. Principles are sometimes held without much regard to changes in the international
environment although circumstances may compel policy makers to adopt a position out of
harmony with accepted principles; the prevalence and constant resort to principles in the
conduct of foreign relations suggest that they perform important functions in foreign policy
formulation and implementation. Foreign policy principles provide a sound basis on which
widely accepted policies can be formulated. The principles are fused with the aims of foreign
policy and a change in aims usually leads a change in principles (Idang 1973)
The objectives of any state give direction to its foreign policies. Foreign policy goals
should therefore be clear and not ambiguous. Such objectives may vary greatly but all states
seek to preserve themselves, maintain their independence, and security. Foreign policy
objectives are classified into Short, Middle and Long range objectives.
They are called Core Objectives as well, because these objectives are attained at all costs.
State cannot afford to show any laxity on this count. Things that fall under this include
territorial integrity and political independence with the latter given priority among nation-
state. Because of their importance, these objectives are attained at all costs. Among Core
Objectives, territorial integrity and political independence enjoys to be the foremost priority
of each and every nation-state. Without any physical unity the state would cease to remain a
state. So it needs to be and it has to be the foremost objective of a state. The state has to
girdle itself to realize these objectives directly, quickly, forcefully and effectively; it has no
luxury of time in case of fulfilling these core objectives. It cannot afford the threat to
magnify. Moreover, it has to deal with the source of the threat directly i.e. the demand is
made on the single state or group of states who might pose threat to the geographical integrity
of the country.
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b. Middle Range Objectives
These comprise of economic uplift of the people, raising their standard of living,
enhancing prestige and status of the nation, and expansion both territorial, as well as
ideological. Nations also pursue this vigorously because economic prosperity enables a nation
to play more assertive role in international politics.
They are geared toward gaining in interactions at the expense of all other states.
A state while pursuing such type of objectives seeks to gain almost at the expense of all other
states. Further they have no time restrictions, as time limit is usually employed in pursuit of
core and middle range objectives.
The vital objectives which the foreign policy of a state seeks to achieve are as summarised as
follows:
To safeguard the territorial integrity of a country and protect the interests of its
citizen, both within and outside the country.
Maintenance of links with other members of international community and adoption of
policy of conflict or cooperation towards them with a view to promote its own
interests.
To promote and further its national interests. The primary interest of any country is
self preservation, security and well being of its citizens.
Promotion of economic interest of a country.
Enhancements and aggrandizements of the influence of the states either by expanding
its area of influence or reducing the other states to the position of dependency.
The factors that influence the foreign policy of a country are many but they can be classified
into two broad categories, viz, internal and external.
The linkage between domestic and international determinants of foreign policy has long been
a widely debated topic in the field of international relations, and foreign policy analysis
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(FPA) in particular. Some scholars argue that domestic politics and foreign policy are two
independent arenas of issues while others believe that the two are interdependent and could
spill over into each other. While both schools of scholars make some convincing arguments
about their respective cases, it’s probably reasonable to expect that the degree of influence
between domestic and international determinants of foreign policy is contingent on different
foreign policy contexts. Internal determinants of foreign policy include; history of the people,
pressure groups, the economy, leadership perception, population, type of government etc.
History of the People: The foreign policy of a country is to a large extent the legacy of its
history. Each country possesses an individuality of its own, which is the outcome of its
historical and geographical configuration. The cultural and historical traditions go a long way
in moulding the foreign policy of a state. To a large extent the approach of a nation to the
foreign problems is determined by its traditional values and beliefs which have emerged on a
period of history. In addition, the colonial history of a people affects their foreign policy.
Most African nations in the early days of independence and till date have close ties with their
former colonial masters. For instance, Nigeria is member of the Common Wealth of Nations
which is an association of former British Colonies.
The Public Opinion: In a highly democratised society, the attitudes of attitudes citizens have
about particular foreign policy issues go a long way to influence such a policy. The public
may agree on an issue or may be deeply divided. For example, the public opinion was
responsible for the abrogation of the Anglo-Nigerian Defence Pact in 1962.
The Economy: The economy of a state also profoundly influences the determination of a
foreign policy. States with buoyant economies, natural resources etc play active role in
international politics. For instance, Nigeria has been playing assertive roles in Africa and
beyond because of her oil wealth.
Societal Groups: Links and Opposition: Leaders may be more likely to pay attention to,
and react to, the opinions of specific, organized societal groups than to the society at large, as
they play the role of linking society to the state or of opposing and competing with the state.
Interest groups articulate a particular societal sector’s position and mobilize that sector to
pressure and persuade the government. Interest groups come in a variety of forms. They may
be based on a single issue, on ethnic identification, on religious affiliation, or on economics.
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Economic interest groups can be an especially important societal source of foreign policy
because they help to generate wealth, and economic welfare has become one of the primary
functions of the modern state. Economic groups often have an interest in foreign relations as
they seek to promote their foreign business adventures abroad or to protect markets from
competitors at home. Political parties, although often part of the government, also play the
role of linking societal opinion to political leadership. In many ways, political parties
function much like interest groups.
Leaders: Personalities and Beliefs: At the top of government sits a leader, or leaders, who
have the authority to make foreign policy. Leaders’ decisions may be shaped by their own
personal history. Their childhood or early political experiences, their ideological orientation
etc influence their decisions.
All states, regardless of their type of political system, their history, or their culture,
reside within an international system that limits choices they can make. The worldwide
distribution of economic wealth and military power and the actions of other powerful states,
multinational corporations, and international and transnational organizations often mean that
states cannot pursue their preferred option in foreign policy. Scholars of foreign policy have
long recognized that to understand how states behave toward each other, it is important to
understand the influence of these systemic factors and the external actors and conditions
outside the control of policy makers. Some of the external factors include; geography,
membership of international organizations, alliances, reaction of other states, world public
opinion etc
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Geography: this includes its fertility, climate, location in relation to other land masses and
water ways. The geopolitical location of a state is one of the external determinants on its
foreign policy. It matters where on the globe a country is located. It matters whether the
country has natural frontiers: that is whether it is protected by oceans, high mountains, or
deserts. It matters who one's neighbours are and whether a given country is territorially large,
populous, affluent, and well-governed.
Alliances: Nations enter into agreements and sign treaties in their interactions with one
another. For instance, arms control agreements, trade agreements, and cultural exchanges are
examples of cooperation that can benefit but can also limit their choices. Alliances concluded
by various states also influence their foreign policy. The states parties to the alliances have to
respond to the requests and demands of their allies and refrain from formulating policies or
taking actions which are offensive to the alliance partners.
World Public Opinion: while formulating its foreign policy, a state has to take into account
the world public opinion. World public opinion is more effective when it is supported by the
domestic public opinion of the given state (Rizwan 2008).
In sum, external factors focus on aspects of the international system that push or pull
states toward certain foreign policy choices.
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6.0 INTERNATIONAL LAW
6.1 INTRODUCTION
States in the international system have laws that regulate their conducts and interactions.
Such laws derive from resolutions and agreements which they have entered into. This body of
laws is known as international law. International is different from national or municipal laws
in that not formulated by the legislative branch and its enforcement depends on reciprocity,
and collective actions by states which have agreed to be bound by it.
International law can be defined as a set of rules that regulate the conduct of states in their
relations with one another. Bull (1977) defines it as ‘’ a body of rules which binds states and
other agents in world politics and their relation with one another and is considered to have the
status of law.’’ It has also been defined thus; ‘International Law consists of the rules and
principles of general application dealing with the conduct of States and of international
organizations in their international relations with one another and with private individuals,
minority groups and transnational companies,’’ (Beckman and Butte).International law
evolved over the years out of European customs and laws. It is not based on legal
instruments. It is referred to international law because majority of countries in the
international community have subscribed to it because it has mutual benefits to them.
1. The status and immunities of diplomatic agents. For instance, diplomats are excluded
from the legal systems of the host countries. In addition, the embassy of any country
cannot be invaded by any law enforcement agency.
2. International responsibility to individuals from other states. It is accepted that a
sovereign state is obliged to provide due protection of the property of and lives of
other nationals.
3. Treaties and other international instruments governing the formalities ad rules which
bring them into existence.
4. Territory-as it concerns the question of whether any claim of territory is governed by
legal title. For instance, where a river separates two states, it is generally accepted that
the effective boundary is the deepest side of the river between the states.
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5. Recognition of new governments and states- each state has a choice to recognise a
new state or not. Before a new state is recognised, it must be certain that the election
preceding the constitution of such a government is free and fair.
Other issues of concern to International law include; Human rights, disarmament,
International crime/terrorism/genocide, refugees, migration, treatment of prisoners,
environment, sustainable development, world trade, global communication and outer
space.
Customary International Law- customary law is both the oldest source of international law
and the one which generates rules. Customary law is not a written source but emerges from
patterns of behaviour among states called practice. International custom – or customary law –
is evidence of a general practice accepted as law through a constant and virtually uniform
usage among States over a period of time. Rules of customary international law bind all
States. The State alleging the existence of a rule of customary law has the burden of proving
its existence by showing a consistent and virtually uniform practice among States, including
those States specially affected by the rule or having the greatest interest in the matter.
Treaties: these constitute the second most important source of international law. Treaties are
agreements concluded between sovereign states or sometimes between States and
international organizations. They are sometimes called by other names such as pact,
agreement, protocol, memorandum of understanding, charter, covenant etc. Treaties may be
bilateral or multilateral. Treaties are binding only on States which become parties to them and
the choice of whether or not to become party to a treaty is entirely one for the State. A treaty
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is binding because of a rule of customary international law – pacta sunt servanda – (pacts are
binding) which requires all States to honour their treaties (Greenwood).
General Principles: General principles of law recognized by civilized nations are often cited
as a third source of law. These are general principles that apply in all major legal systems. An
example is the principle that persons who intentionally harm others should have to pay
compensation or make reparation. General principles of law are usually used when no treaty
provision or clear rule of customary law exists. They are most often employed where the ICJ
or another international tribunal wants to adopt a concept such as the legal personality of
corporations.
Judicial Decisions: judicial decisions are subsidiary means for the determination of rules of
law. These are judicial decisions of both international and national tribunals if they are ruling
on issues of international law. In contrast to the position in common law countries, there is
no doctrine of binding precedent in international law. Indeed, the Statute of the ICJ expressly
provides that a decision of the Court is not binding on anyone except the partiers to the case
in which that decision is given and even then only in respect of that particular case (Article
59). Nevertheless, the ICJ refers frequently to its own past decisions and most international
tribunals make use of past cases as a guide to the content of international law, so it would be
a mistake to assume that “subsidiary” indicated a lack of importance. Resolutions of the UN
General Assembly or resolutions adopted at major international conferences are only
recommendations and are not legally binding.
Resolutions by International Organisations:
Resolutions submitted at the multi-lateral gatherings and conferences e.g. U.N.O, O.A.U all
find their ways into international law. They form a reference point and precedent. People are
appointed to make rules and regulations about sea, Ocean, atmosphere, the environment etc.
such resolutions have the force of law.
Writings: the teaching (writings) of the most highly qualified publicists (international law
scholars) also form the sources of international law. Writings of highly qualified publicists do
not include law student articles or notes or doctoral theses.
23
i. International law evolved over the years out of European customs and laws and the
actual practises of states.
ii. International law is different from national or municipal laws in that it is not
formulated by the legislative branch.
iii. It is consent-based: its enforcement depends on reciprocity, and collective actions by
states which have agreed to be bound by it.
iv. It is referred to international law because majority of countries in the international
community have subscribed to it because it has mutual benefits to them.
v. The UN champions the cause of the law
vi. The use of sanctions helps in ensuring obedience to some provisions of international
law.
6.6 SUBJECTS OF INTERNATIONAL LAW
A subject of international law or refers to a person (entity), who possesses international legal
personality. Subjects of international law are also referred to as international legal
personalities. They are recognized as having international rights and duties and capable of
taking certain types of actions with legal consequences on the international scene.
Subjects of international law include;
i. States
ii. Individuals or group of individuals
iii. Non-state actors/International Organisations
Traditionally, states have been regarded as the original or main subjects of international law.
States have been referred to as the foundation of the international political system.
International law is the means of regulating their conducts with one another. The state, as a
person of international law, should possess the following qualifications.
[a] population
[c] sovereignty
24
[e]capacity to enter in to relations with other states.
International organizations are creations of states and subjects of international law. What
constitute the legal bases of their personality are the treaties which establish them. These
treaties evolve into the guiding constitutions and they define the legal status and personality
of the organizations. The constitutional treaties, among other things, define their purposes
and functions and also composition etc.
7.1 INTRODUCTION: The term ‘Third world’ was coined by an economist, Alfred Sauvy
in an article in the French magazine ‘L’Observateur’ in 1952. It was a deliberate reference to
the ‘Third Estate’ of the French Revolution. The term gained widespread supremacy during
the cold war to define countries which were unaligned with either the Capitalist NATO Bloc
(constituting the First World) or the Communist Soviet Bloc (representing the second world)
(Wikipedia, the free Encyclopedia /enwikipedia.org/wiki/Third_World). Although the
terminology was a way of categorising the nations of the world into three groups based on
political, social and economic divisions, it has come to be associated with poor countries
because of the poverty of Third World countries. Other terms used interchangeably with
Third World include; ‘less developed’ ‘underdeveloped’ ‘emerging world’ ‘the Global south’
‘transitional’ and ‘expectant’ etc. ‘Developing’ is often viewed positively because it connotes
that the present under-development is not permanent. Leading members of the original Third
World movement were Yugoslavia, India and Egypt. During the Cold War, Third World
countries believed they could successfully interact with both the Communist and Capitalist
nations and develop key economic partnership without directly falling under their influence
25
but in practise this plan did not work out well. With the collapse of the Soviet Union in 1991,
the term Second World fell out of use and the meaning of First World now include all
developed countries while ‘Third World’ is now used for the economically underdeveloped
countries of Asia, Africa,Oceania and Latin America. Third World countries are often
countries that were colonised by another country in the past. They are generally poor and are
not industrialised and technologically advanced as the developed countries.
The Third World emerged for the first time in global politics in 1955 during the conference of
Afro-Asian countries held in Bandung, Indonesia. It was this conference that resulted in the
establishment of the non-aligned movement. That year, two nations whose social and
economic systems were sharply opposed to each other (China and India) played a major role
in promoting the conference and in changing the relationships between the Third World
countries and developed countries. Numerically, Third World nations dominate the United
Nations but are diverse culturally and economically and their unity is hypothetical. For
instance, the oil-rich states of Libya, Kuwait, and Saudi Arabia have little in common with
endemically poor nations such as Chad, Niger and Haiti (encyclopedia,thefreedictionary.com)
Third World countries are marked by a number of common traits which impede their progress
in international politics.
High Population Growth Rate: High population growth is a major feature of Third World
countries. There are higher birth rates in the Third World than in the advanced countries.
Third World countries account for 80% of the population of the world. Economic growth is
not commensurate with this population growth as they ‘‘have to devote much more resources
to the task of raising a new generation of producers, besides providing services of a given
standard to an enlarged and rapidly urbanising population’’ (Singer and Ansari 1988).
Distorted and Highly Dependent Economies: The economy of Third World countries is
agrarian and devoted to producing primary products for the developed world and markets for
their finished goods. Third World countries have not been able to evolve an indigenous
technology but are dependent on foreign technology. The type of technology transferred to
these countries are obsolete and rather than develop labour intensive technology for these
countries, the advanced countries export capital intensive and labour saving technology
26
which increases unemployment. It is widely believed that with many people working in the
agricultural sector, many are underemployed and some unemployed. In economic terms, it
means that labour is under-utilized and this both a cause and effect a distortion of
consumption and investment patterns and of high and rising inequalities of income
distribution. This results in inadequate investment in education, health, transportation
facilities, credit facilities, and other socio-economic infrastructure.
Widespread Poverty: Poverty is endemic in Third World countries where people live below
the poverty line. The poverty of Third World countries has been linked to their absorption
into the international capitalist economy by way of conquest or indirect domination. The
main economic consequence of western domination has been traced to the creation for the
first time in history of a world market. By setting up throughout the Third World sub-
economies linked to the West and by introducing other modern institutions, industrial
capitalism disrupted traditional economies and societies. This disruption led to
underdevelopment (Chaliand not dated). While this cannot be disputed, corrupt practises in
the Third World have led to increase in poverty and underdevelopment of the regions.
Colonialism: Third World countries share a common trait of being colonised by another
country in the past. This has led to dependency on their former colonial masters in the areas
of foreign trade and investment. To improve their economies, Third World countries depend
on aids and grants from foreign countries which make them to be perpetual slaves to the latter
as he who pays the piper dictates the tune.
Unstable Political Environment: unstable political climate has been the bane of most Third
World countries. Many of these countries have witnessed coups and counter coups.
Corruption, nepotism, sit-tight syndrome and poverty are among the reasons often given for
coups. Frequent change of government has hindered the achievement of policies
programmes.
Miscellaneous: other features of Third World countries include famine, disease, refugees,
corruption and mismanagement of funds, low infrastructural development etc.
There is a general consensus that drastic action is required to improve the conditions
in the Third World countries. Some of these include; urban and rural work project to attack
unemployment, underemployment, institutional reforms essential for the redistribution of
economic power, agricultural reform, tax reform and the reform of public funding.
27
8.0INTERNATIONAL ORGANISATIONS
The OAU came into being on the 25th may, 1963 at Addis Ababa Ethiopia with the merging
of the Casablanca and Monrovian Group. The organization was formed because of the need
to unite all Africans. The OAU is currently made up of 53 countries, all independent. Eritrea
was admitted as the 52nd member of the organization in the 1993 while South Africa was re-
admitted as the 53rd after apartheid was dismantled from the country 8th may, 2002 the OAU
was renamed African Union (AU).
28
1. The sovereign equality of all member states: - All members’ states are equal and
should not be under the control of anyone or dominated by any member state.
2. Non-interference in the internal affairs of member states: - No member state has
the right to interfere in the internal affairs of another member state.
3. Respect for territorial integrity of member state: - The right of member states to
self-preservation or independent existence
4. Peaceful settlement of disputes: - Disputes are to be settled peacefully through
negotiation, mediation arbitration without a recourse to army
5. Absolute dedication to the total emancipation of the African territory: - To
liberate African territories from colonialism
6. Resistance to all forms of political assassination and subversion: - To resist any
government of any member state found to be involved in subversion or dictatorial
activities
7. Policy of non-alignment: - Member states are not allowed to identify with any of the
power blocs.
ORGANS OF THE AU
The AHSG is made up of Heads of State and Government of member state. It is the supreme
organ of the organization. It meets once annually.
Functions:
29
4. It appoints the important officers of the organization such as the Secretary-General
5. It has power to establish specialized commissions
6. It examines and reviews the structure, composition and functions of all other organs
and specialized agencies
7. It decides on the admission of new members
8. It considers report from the secretariat
This organ is made up of foreign ministers of each member state. The organ is directly
responsible to the Assembly of Heads of state and Government and meet twice a year.
FUNCTIONS
1. Prepares the agenda for the meeting of the Assembly of Heads of State and
Government.
2. Makes recommendations to the Assembly on various issues such as appointment of
the secretary- general.
3. It prepares the annual budget of the organization
4. It implements all decisions of the Assembly
5. It co-ordinates inter-African co-operation
6. It recommends new independent state to the Assembly for admission into the
organization
7. It directs and controls the specialized countries and agencies.
It is the administrative organ of the organization and has its headquarters in Addis Ababa,
Ethiopia the secretariat is headed by the secretary –general. The first secretary – general was
Diallo Telli (Guisol) the current Secretary-General is Essy Amara
FUNCTIONS
30
1. Carries out general administrative duties of the organization
2. Prepares the agenda for meetings of the council of ministers
3. It control the finances of the organization
4. Prepares the programme of the organization for each year
5. Supervises and carries out the decisions of the council of ministers
6. It disseminates news of the organization to member states
7. It is in the custody of all documents and files as well as records of the organization.
1. He is the head of the general secretariat and chief administrative officer of the OAU
2. He sees to the implementation of the decisions of the Assembly of Heads of State and
Government
3. He appoints members of staff of the secretariat
4. He prepares annual reports of the organization
5. Supervised the activities of the specialized commission of the organization.
6. He keeps and safeguards the properties of the organization
The organ was set up in 1965, to settle all disputes among member states through peaceful
means
ACHIEVEMENTS OF THE AU
31
1. Eradication of colonialism: - it succeeded in eradicating colonialism from Africa e.g.
South Africa
2. It has promoted African unity: - It has brought about African leaders together to speak
together with a common voice
3. Settlement of dispute: - It has contributed immensely to settlement of disputes in the
African continent e.g. Somalia and Kenya
4. It has encouraged the formation of viable regional and sub-regional economic groups
with the aim of making Africa economically independent.
5. The organization has continued to exist in spite of its numerous problems.
6. Though its specialized agencies and commissions, it has provide social, economic,
and political aids to its member- states
1. Widespread political instability and unrest as a result of frequent and sudden change
of government threatens the organization effectiveness
2. Lack of standing army that can be easily mobilized in times of crises makes it
ineffective in handling crises
3. Insufficient funds to carry out the organization projects’ members- states default in
payment of dues
4. Economic dependent of many African states on their former colonial master makes it
not to achieve the goal of Africa being economically independent
5. Mistrust and fear of domination expressed by the small countries over the big ones
threaten its unity
6. Constant border clashes between the various member-states e.g. Nigeria and
Cameroun
7. The ideological differences among the member – states while some like Nigeria
favour Capitalism other like Tanzania favour Socialism
8. The issue of debt burden. Many of the African countries like Nigeria are heavily
indebted to the western world and this introduces neo-colonialism
9. Language barrier tends to show down proceedings of the organization
10. The weak position of the secretary-general who has no political will to enforce
decisions
32
THE ECONOMIC COMMUNITY OF WEST AFRICAN STATE (ECOWAS)
Origin:
The Economic Community of West African State is a regional economic body made up of 16
member states.
The organization came into being in Lagos Nigeria on the 28 th May, 1975 following the
ratification of the treaties’ establishing it by 15 countries.
Prominent among the founding fathers of the organization were General Yakubu Gowon of
Nigeria and Gnassingbe Eyadema of Togo.
33
ORGANS OF ECOWAS
This is the supreme organ of the community. It is headed by the chairman who is elected
annually from the Heads of State and Government of the 16 member-states. This organ meets
once in a year.
1. It is the highest decision making body of the community and its decisions are binding
on all other institutions
2. It controls the executive operations of the organization with the aim of achieving its
objectives
3. It approves the recommendations of the council of ministers
4. It ratifies and approves all treaties entered into by the community
5. It approves the appointment of the Executive Secretary of the organization
6. It discusses the economic issues offering member-states
7. It approves proposals initiated for the amendment of the organizations charter
The council is made up of two representatives from each of the member-states. It meets twice
in a year.
Functions
34
2. It can review and remove any fiscal control on free movement
3. It recommends to the Authority a candidate for the post of executive secretary
4. It prepares the agenda for the meeting of the authority of Heads of State and
Government
5. It implements the decisions of the Authority
6. It approves the organization’s budget
This is the administrative organ of the community. It is located in Abuja and headed by the
Executive secretary
35
8. He receives and replies the organization’s correspondence
The Tribunal
1. The body is to ensure law and justice in the interpretation of the organization’s treaty.
2. It settles disputes among members- states
ACHIEVEMENTS OF ECOWAS
1. The establishment of the organization has helped in fostering unity among the
member-states
2. It has broken down the barriers among the state as ECOWAS citizens can move
around in the community without visas
3. Formation of ECOMOG has helped in restoring democracy in Sierra Leone and
Liberia
4. The establishment of ECOBANK eases currency convertibility among member-states
5. Trade among member-state has led to economic growth in member-states and is
hoped will usher in economic independent
6. Expansion in market has led to mass production and increase in supply of goods
7. There’s healthy competition in all fields of endeavours which aids development
8. As a result of being united under ECOWAS, member-nation bargaining power in the
world market has increase thereby increasing the terms of trade
36
9. Trade liberation resulting from lifting of tariffs on goods within the ECOWAS zone
has allowed the free flow of goods and services among member-states thereby
boosting the economy.
The UNO was founded on the 24th of October, 1945 as a result of the failure of the League of
Nations to prevent the Second World War. The organization embraces all independent
37
countries irrespective of race, culture, geographical location or ideology. It has its
Headquarters in New York, USA.
1. The demise of the League of Nations following its inability to prevent the second
world war
2. The need to minimize and eventually eliminate wars
3. The need to rebuild the destructive effects of war and collectively improve the life of
humanity
4. The role of the USA, USSR (Union Soviet Socialist Republic), Britain, France and
China in providing leadership for the formation of a new organization
38
3. Non-interference in the internal affairs of the state except for the purpose of enforcing
international peace and security
4. Member-states are to assist the organization in any action it takes in accordance with
its charter and never assist any state which the organization is taking preventive or
enforcement actions.
5. Members are to fulfill their obligations under the charter
6. Non-members and members of the organization are not to act in a way that will hinder
the maintenance of world peace and security but according to the principles of the UN
charter.
7. Member-states are discouraged from threat or use of force in their relations with
others.
8. Promotion of democratic principles through monitoring elections, held in member-
states and donation of election materials.
This is made up of the representative of member-states. It meets once in a year for about three
months but emergency meetings can be convened. Each member-state is entitled to five
representatives. The chairmanship of the Assembly is held for one year and often rotated
among the members.
39
4. To provide an avenue for the discussion and promotion of world peace
5. To promote international co-operation in all areas e.g. economic, social, educational
etc
6. To set up other organs to help the organization in the achievement of its goals.
7. To consider the annual report by the secretary – general
It is made up of fifteen members five of which are permanent and the remaining ten, non-
permanent. The five permanent members are: USA, USSR, Britain, France and China. The
ten non-permanent members are elected by the General Assembly to serve for a period of two
years. A member that has finished its term is not eligible for immediate re-election. Each of
the five permanent members has veto power meaning that the secretary of council cannot
reach decisions on important political and security issues if any of the five permanent
members vote against it.
1. The major role of the Security Council is maintenance of peace and security among
Nations.
2. It also recommends the nomination of non-permanent members to the General
Assembly for election.
3. It recommends newly independent countries for admission into the UNO
4. It elects Judges into international court of Justice along with the General Assembly.
40
5. It recommends the appointment of Secretary General to the General Assembly
6. It has the power to investigate any international dispute and take necessary actions to
ensure its settlement is done by the council.
7. It determines the existence of any threat to peace, breach of peace and act of
aggression
8. It recommends the suspension or expulsion of any member-state which default to the
General Assembly
This organ is made up of 27 members elected by the General Assembly. Each member serves
for three years.
Functions
The council is made up of permanent members of the security council who are not
administering Trust territories, member countries of UNO administering Trust territories and
as many members as are elected by the General Assembly for three years.
Functions
41
3. It works towards the social, economic and political development of the territories
4. Paying periodic visits to Trust territories to assess their progress
5. It encourages Trust territories towards attainment of independence
The ICJ has its headquarters in Hague Netherlands. It is composed of fifteen independent
judges elected by the Security Council and the General Assembly for a nine year term. The
ICJ is the judicial organ of the UNO.
Functions
The Secretariat
Functions
42
Procedure for appointing the Secretary-General of the UNO
Functions
Specialized Agencies of the UNO exist to help in the achievement of the organization’s
goals. These agencies are co-ordinated the economic and social council (ECOSOC). They
are:
WHO – World Health Organization; it has its Headquarters in Geneva and regional
offices all over the world. It came into being in 1948it has the following objectives
i. To prepare international health statistics
ii. To eradicate epidemic and all forms of diseases
iii. To help in training medicine personnel
iv. To report the outbreak of infectious diseases in one country to another
v. To help in standardizing the quality and dosage of drugs
vi. To advise countries on the best ways of improving their health services
vii. To direct and co-ordinate international health work all over the world
43
UNICEF – United Nation International Children’s Education Fund
Functions
It has its Headquarters in Geneva. It came into being in 1919 under the league of Nations
Functions
Functions
44
FAO – Food and Agricultural Organization
Functions
IBRD – International Bank for Reconstruction and Development. It is also called the World
Bank
1. Prevention of major wars like the first and second world wars despite conflicts in
various regions of the world
2. Through peace keeping operations the UNO has brought peace to many worn torn
countries like Congo, Cyprus, Zimbabwe etc.
3. It played a significant role in the decolonization of countries like Namibia, Cameroun,
Congo etc
4. UN agencies like UNESCO, UNICEF and WHO have improved the standard of living
of many people
5. It has supported the respect for human rights in many parts of the world
6. It has succeeded in enabling the developing countries to obtain loan from the World
Bank for the purpose of development
7. Through WHO it has waged war against deadly diseases such as leprosy, tuberculosis
etc.
8. The ICJ has settled cases between nations which would have led the use of force
45
PROBLEMS/FAILURES OF THE UNO
1. Veto power by the five permanent members makes the UNO ineffective since they are
able to impose their will on majority of member nation
2. Wars among the member have continued unabated e.g. between Iran and Iraq
3. The superpower rivalry or ideological rivalry between the communist East and the
Capitalist West hinder the progress of the organization
4. Member-states default in the payment of their financial obligation which hinders the
organization from carrying out its programmes
5. It has been able to prevent arms buildup among the superpower like USA, Britain
France etc which continue to allocate so much for arms acquisition
6. Absence of a standing army makes the organization to make use of men with diverse
training for peace keeping operation and this makes the organization ineffective.
7. Membership of other international organizations such as the OAU, European
Economic Commission etc. makes member-states to reduce their commitment.
1. Member-states benefit from the UN’s Education programmes through its specialized
agencies like UNESCO, UNICEF etc.
2. Through the WHO member-states obtain help for health programme on immunization
3. Member-states obtain loans and aids from the World Bank and International
Monetary Funds
4. Member-states benefit from technical assistance programmes in the areas of
agriculture, mining industry etc.
5. Many citizens of West African countries are employed by the organization e.g Kofi
Anan
6. The united nation is involved in caring for refugees and displaced people
7. The organization assists in conducting free, fair and democratic elections in different
parts of the world.
8. Member-states have benefitted from peaceful settlement of political conflicts through
UN initiatives
46
THE ORGANIZATION OF PETROLEUN EXPORTING COUNTRIES (OPEC)
Origin:
OPEC’s formation date back in 1960 in Bagdad, Iraq where a conference by five oil
producing countries of Iraq, Venezuela, Kuwait, Iran and Saudi Arabia was held to protest
the exploitation of oilextracting multinational companies that were controlling oil operations
in the oil producing countries.
Organs of OPEC
1. The conference
2. The board of governors
3. The secretariat
The conference
It is the highest decision making organ of the organization made up of delegations’ from
member-states. The conference meets twice a year
Functions
47
2. It approves the appointment of the members of the Board of Governors
3. It considers and approves the organization’s budget
4. It appoint the Secretary –General and other officials
5. It considers application for membership of the organization
6. It approves the appointment of auditors who audit the account of the organization
It is made up of representative from each member-state, called a governor who serves for two
years.
Functions
1. It directs the affairs of the organization and implements the decisions of the
conference
2. It prepares the agenda for the conference
3. It nominates the auditor
4. It prepares the budget and submits to the conference for consideration
5. It considers and takes decision on any report submitted by the Secretary- General
The Secretariat
It is headed by the Secretary-General of the organization who is appointed for three years.
Functions
Achievements of OPEC
48
6. It has helped member-states to start negotiations on new royalties that are more
favourable to them
7. It has prevented the industrialized oil-producing countries from paralyzing the
economies of developing countries.
Failures/problems of OPEC
1. Political disagreements has led to war between its members e.g. Iran and Iraq
2. Member-states break OPEC agreement reached on price and quantity of oil to be
produced
3. Loyalties of members to the organization is on the decrease and they don’t obey the
decision of the organization
4. Increase in the number of oil producing states which poses a challenge e.g. Britain,
Ghana,
5. Ideological differences among the member-states. Within the organization are
radicals conservatives and moderate
6. The existence of rival petroleum exporting organization such as organization of Arab
petroleum exporting countries poses a challenge to the organization
7. The rivalry for leadership of the organization between Saudi Arabia and Iran.
49
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