Professional Documents
Culture Documents
and Functions
Editor
Regional International
Organizations I Structures
and Functions
Palgrave Macmillan
Copyright © 1971 by St. Martin's Press
All rights reserved
For information, write:
St. Martin's Press, Inc., 175 Fifth Avenue, New York, N.Y.10010
Manufactured in the United States of America
Library of Congress Catalog Card Number:
ISBN 978-1-349-01305-0 ISBN 978-1-349-01303-6 (eBook)
DOI 10.1007/978-1-349-01303-6
To my mother
Martha Mason Tharp
In this age of rapid and sometimes frightening change, it taxes the abilities of both
the layman and the social scientist to keep abreast of domestic and international
political developments. This book offers a brief introduction to the political processes
of several regional international organizations, which collectively represent one of
the most significant and unheralded changes in international politics since 1945.
For more than four centuries the world political system has been structured along
the lines of the nation-state; and in the last two decades the number of nation-states
has more than doubled. Nevertheless, many observers feel that the nation-state is
being replaced by more inclusive, transnational political associations arising out of
both regionalism and the universal, international organizations of the United Nations
system.
The last twenty-five years have witnessed a fantastic increase in the number of
international organizations. The United Nations system has grown to an organization
of almost two dozen major agencies and development programs in addition to the
parent institutions of the General Assembly, Security Council, Economic and Social
Council, Trusteeship Council, World Court, and the office of the Secretary-General.
Before World War II the Pan American Union and the British Commonwealth only
could be considered major international organizations outside of the League of
Nations framework. Now more than twenty major regional, intergovernmental,
organizations collectively embrace every continent, every major racial and ethnic
grouping, every ideological position, and every status of economic development.
In addition to the major organizations themselves, numerous subgroups within many
of them have formed associations of their own. Furthermore, literally hundreds of
private international associations have been formed in recent years to express the
growing interests and concerns of private persons and groups in the conduct of world
politics.
The proliferation of international organizations does not indicate the immediate
demise of the nation-state. We can say, however, that these developments in the
world political system indicate a movement toward forms of political, economic, and
social development that transcend national boundaries. We may be witnessing a
process of political evolution as profound as the change from feudalism to the nation-
state that occurred in Europe several centuries ago.
The evolution of international organizations is, to be sure, gradual. Even with the
rapid pace of change in today's world, it may take generations to move from the
nation-state system to some other form of political structure. Moreover, many inter-
national organizations, both regional and universal, will fail and disappear in the
coming years, as happens in any evolutionary change.
In other words, the current forms of regional and universal international organi-
zations mark the beginning of fundamental changes in world politics. We cannot
predict the final form this evolutionary process will assume, but we can note its
inception. Although some of the organizations treated in this book may disappear,
they are proper subjects for our analysis now.
This book was planned for use in junior- and senior-level courses in contemporary
international relations, general international organizations, the United Nations (as a
supplementary text), and in specific courses on regionalism (as either a main or a
supplementary text) .It would also be useful in similar courses at the graduate level.
No attempt has been made to update the articles reprinted here; changes, properly
indicated, have been made in the texts or notes only where some clarification was
required.
I wish to express my thanks to the authors and copyright holders of the various
articles and selections for their permission to include this material in the present
anthology. And particular thanks are due to Mrs. Patricia Berko Wild for "Radicals
and Moderates in the Organization of African Unity: Origins of Conflict and Bases
for Coexistence"; and to Dr. Richard D. Baker for "Latin American Economic Inte-
gration." Both of these essays were written especially for this volume.
I also want to thank Mrs. Geri Rowden of the Oklahoma University Political
Science Department staff for her invaluable assistance in preparing this manu-
script.
Paul A. Tharp Jr.
Norman, Oklahoma
Contents
PREFACE v
CHAPTER I
INTRODUCTION 1
Interest articulation and aggregation 2
Socialization 4
Rule making 5
Rule adjudication 7
Conclusion 8
CHAPTER II
INTEREST ARTICULATION AND AGGREGATION 10
Interest group activities in the EEC I Leon N. Lindberg 11
Bureaucratic political activism in LAFTA I Ernst B. Haas and
Philippe C. Schmitter 21
Radicals and moderates in the OAU I Patricia Berko Wild 36
CHAPTER Ill
SOCIALIZATION 51
An end to European integration? I Ronald lnglehart 52
Political culture and integration in Southeast Asia I Werner
Levi 73
Political culture and integration in Scandinavia I Amitai
Etzioni 81
CHAPTER IV
RULE MAKING 93
The rule-making system of the European Community I Leon N.
Lindberg and Stuart A. Scheingold 94
The rule-making system of the OAS I Ann Van Wynen Thomas and
A. J. Thomas, Jr. 109
ReformoftheOAS 1 William Manger 141
COMECON: The institutional structure I Andrzej Korbonski 152
CHAPTER V
RULE ADJUDICATION 160
Rule adjudication and integration in the European community I
Stuart A Scheingold 161
The organization of African unity and the Algerian-Moroccan border
conflict I Patricia Berko Wild 182
CHAPTER VI
A SURVEY OF RECENT DEVELOPMENTS 200
Economic integration in Central and West Africa I Bahram
Nowzad 201
Latin American economic integration I Richard D. Baker 230
Common defense considerations and integration in Southeast Asia I
Bernard K. Gordon 243
United States policy toward regional organization I Joseph S.
Nye 254
INTRODUCTION
not all alike, different groups of people wishing different patterns of distribution can
be found in all societies. Even in today' s most monolithic society, Communist China,
there exist competing power groups.
The phrase "interest articulation and aggregation" refers to the general process by
which demands of various groups are formulated and transmitted to the political
system for action. For the most part we think of interest groups only in terms of labor
unions, business or professional associations, or other affiliations composed of private
(non-governmental) individuals. But such associations are not always private in na-
ture. The governing structures of the political system contain officials who identify
with, indeed may formally belong to, these groups. In the United States interest groups
usually do not rigidly ally themselves with a political party although some of their
leaders may serve in the government under a particular party label. In the political
systems of Europe, Mrica, Asia and Latin America interest groups are often directly
allied with political parties. Moreover, it is not uncommon for a government to sponsor
or organize a major interest group, thus giving it semi-official status. This practice
is most obvious in the Sino-Soviet bloc but can also be found in far more democratic
states such as Mexico. Since the late 1930's associations representing functional
interests like labor, manufacturing and agriculture, have emerged within the PRI,
Mexico's dominant political party.
The study of interest articulation and aggregation in regional intergovernmental
organizations need not be limited to unions, business or professional societies. There
are also groups of states-often referred to as "blocs" or "factions" -representing
different political positions or "poles" within many organizations. In the Organization
of Mrican Unity, for example, several groups of states sharing similar value positions
can be identified. 5
The function of interest articulation and aggregation is performed through a com-
plex network of communications between the members of the interest groups and the
formal institutions of the government. This network serves two vital purposes. First
of all, the government cannot exist in a vacuum if it is to respond to pressures from the
whole system. But in addition, the network of interest associations facilitates the
function of socialization that is to be discussed shortly. The network may promote a
sense of personal identification between the individual member of the political system
and the values and goals of the system as a whole, as manifested in the policies of the
rule-makers. By means of the network the governing officials can manipulate impor-
tantslogans and symbols to mobilize support for the general maintenance of the system
or to exhort popular effort for achieving systemic goals.
For the observer of any social system, its interest group structures and activities
provide information about the nature of that system. First, the mode of interaction
between private members of the system and the governing authorities will tell us
something about the extent of democratic participation. Second, the scope, nature,
and intensity of interest group activities may serve as indicators of the degree of private
identification with and support for the government in particular, and the system as
a whole. But caution must be exercised with regard to the last point. In many systems
interest group activity is not permitted, or is subjected to party or governmental con-
trol, or is conducted on a very informal, face-to-face basis within the confines of some
INTRODUCTION 3
ruling class or elite structure. Despite these difficulties, theorists of political integra-
tion study interest articulation and aggregation for clues to the extent of private identi-
fication with a given political system.
The growth of viable interest group structures in international organizations is
facilitated bythepresenceofthreefactors. One, in each member state of the organiza-
tion there should exist a number of well-organized interest associations representing
a wide range of moderately specialized business, labor, agricultural, and professional
interests. Two, these associations should be able to search out and combine with their
exact counterparts in the other states of the organization in order to form transnational
interest associations of the same type as each domestic group. Three, the interests
represented by the various domestic groups should not be too similar; there should be
some diversity in interests and activities between members of the same transnational
interest association. This last point may be crucial. Destructive, competitive rivalries
often result from situations where persons, already suspicious of each other due to
previous nationalistic antagonisms, must compete with their foreign counterparts
for a limited share of exactly the same market. This is the situation facing the devel-
oping countries of the world whose economies are based upon supplying raw food-
stuffs and mineral resources to the industrial systems of the United States and Western
Europe. Ideally, similar national groups within a regional setting should be able to
exchange goods, services and political support among themselves; they should com-
plement each other's needs. For example, if there existed a growing electronics in-
dustry in several states of the organization, it would be ideal if the electronics firms
in state A produced tubes and transistors, the manufacturers in state B produced
turntables and speakers, and the companies in state C were adept in the assembling
and marketing of these component parts as stereo sets.
Unfortunately, this type of interest group environment does not yet exist outside
of the developed areas of the world. Many observers feel that the success of regional
developments in Afro-Asia or Latin America will depend upon the ability of-interest
group leaders in these areas to transcend their own fears and limitations of their polit-
ical environment in order to create viable transnational associations.
SOCIALIZATION
Reduced to its simplest terms, the concept of socialization refers to the process of
inculcating individual members of the system with the values of the social system.
Individuals are induced to identify with and give their political loyalties to the system
asawholeandtherulingauthoritiesinparticular. Thisiscrucialtoallpoliticalsystems,
whether they be democratic, totalitarian or authoritarian. Even in systems where
the mass population is apathetic or has been coerced into loyalty, there may be several
competing elite groups, or factions within a single elite, which, if alienated from the
system, can force severe disturbances to develop.
Socialization is performed at different levels of individual cognition and by different
appeals. The ideologies of capitalism and communism appeal to the economic well-
being of the individual member. Other appeals, such as patriotism, religious, cultural,
and ethnic ties are more subjective but can be exceedingly effective.
For at least two reasons, the function of socialization may be even more crucial to
4 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
RULE MAKING
Basic human relationships are complex enough to require some degree of structural
regulation in the form of laws and norms. In primitive, non-hierarchical political
systems, of which international politics is an example, there are virtually no formal
INTRODUCTION 5
rule-making structures. Rules are arrived at through custom or the ad hoc arrange-
ments among individuals. The defects of this type of system are obvious: The content
of the rules is vague and may vary according to time and place of application; and the
rules may be slow to change or, at the other extreme, may alter immediately at the
will of a strong member of the society or upon an extraordinary event.
When formal rule-making structures are established, either by consent of the gov-
erned or by the unilateral assumption of power by an individual or a group, several
changes in the nature of the rules may be observed. First, the rules become public;
there now exists an authoritative source from which members of the system can as-
certain the content of the rules and note which norms of behavior will be enforced by
the governing structures of the system and which (like "rules of etiquette" or social
conventions) will not. Second, the content and subsequent application of the rules
become standardized. Third, a process is established whereby the rules may be
changed and these changes made public. 7
These distinctions between primitive, non-hierarchical systems and systems with
some form of structured, rule-making apparatus are not the only ones we can note.
In structured, rule-making systems there are differences between organizations
operating on confederal principles and those based on a more centralized form of
government, such as federal or unitary systems.
Traditionally, international organizations have been based on confederal prin-
ciples.
1. The rules formulated by the organization represent unanimous or near-unani-
mous consensus of the members. 8
2. While, legalistically, one may argue the contrary, the members retain the free-
dom of action to leave the organization and to revoke their consensus to the existing
rules.
3. Even if a state remains in the organization, it may assert the right to interpret
unilaterally the rules to which it has consented.
4. The executive-bureaucratic structure of the organization is given little or no
power to formulate and implement rules.
5. Delegates to the rule-making structures are instructed by their states as to the
manner in which they should perform rather than acting as independent representa-
tives.
6. The organization has no direct relationship with private citizens of the member
states.
In other words, the entire rule-making, enforcement and interpretation process
is dominated by the individual states. The members of a confederal system retain
a freedom of action -limited only by a member's power to impose its will on others-
similar to the range of behavioral discretion possessed by members of primitive, un-
structured systems.
Of the existing international organizations, only the European Community clearly
represents an example of an organization which has a rule-making system more
centralized than a confederal system. Yet we cannot specify the exact degree of cen-
tralization of the European Community. The Council of Ministers is clearly confederal
in nature. The voting rules still preserve the requirement of a high degree of consensus
6 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
before major policies will be adopted. On the other hand, the Commission and Court,
with their limited rule-implementation powers, represent a step in the direction of
federalism. Therefore, the term "supranational" has come into use to describe a state
of centralized decision-making greater than a confederal system but less than a full
federal system.
Unfortunately, a legalistic analysis of the treaty which establishes a given organiza-
tion presents an inaccurate picture of the degree of centralization of that organization.
The best but most difficult procedure to determine the system's integrative status is
to study it in action. It is especially important to observe the executive-bureaucratic
structure of an organization. Is this structure granted the authority to formulate and
implement major policies within a general framework established by the member
states? Does the selection and tenure process give the organization's officials a sig-
nificant degree of freedom from interference from the member state governments?
Do these officials have a major voice in the expenditure of funds?
These questions are vague and the criteria for measuring the evidence gathered
through their analysis are not exact. However, these and similar questions are the
necessary preliminaries to more exact analysis of the structural integration of the
rule-making process in emerging international regional organizations. 9
RULE ADJUDICATION
The rule-adjudication function refers to the authoritative interpretation of the rights
and duties of the system's members under the laws of the system. This is a function
usually performed by impartial, judicial agencies such as courts of law and panels
of arbitration.
From one point of view, the rule-adjudication function is simply an extension of the
rule-making function, rather than a separate function of the system's governing
structures. This is a valid position in the sense that nearly all court interpretations
modify existing law to some degree, which is a natural result of constant refinement
and application of the law to new, specific situations. At times the process of modifi-
cation is not gradual. Some courts exhibit a willingness to actively participate in policy-
making by announcing decisions that may drastically alter the existing law. The be-
havior of the United States Supreme Court since 1954 is an example. Also, one might
argue that, since laws are expressed in words and words are often imprecise, a law is
an unknown factor until it has been given content through judicial interpretation.
Despite the above arguments, rule adjudication can be analytically regarded as a
separate systemic function, though closely related to rule-making. Rule-making
structures are politically partisan in nature. The framework of the system's rules may
vary widely as a result of interactions between competing groups in the rule-making
structure. In other words, rule-making structures exist to make changes in the rules
on the basis of shifting, competing political forces. 10
Judicial structures exist to preserve and enforce rules of behavior and to provide
continuity for the future through the act of applying old laws to new situations.
Although, as mentioned above, court interpretations usually involve some modifica-
tion of the law, the basic purpose of interpretation is to use existing law to settle a
INTRODUCTION 7
specific case and to establish rights and duties for the future under that law. In addi-
tion, the concept of judicial impartiality precludes-in theory at least-the type of
partisan considerations involved in the creation of rules. Nor is judicial impartiality
simply a slogan of abstract morality. It will be recalled from the discussion of sociali-
zation that the concept of an impartial legal system can be a crucial factor in creating
a sense of legitimacy about the political system as a whole.
Again, it is possible to note different ways in which the function of rule-adjudication
may be performed.'' First, arbitration is the settlement of disputes through the
medium of a panel of judges (or a single judge in some instances) selected by the parties
to the dispute and the decision in the case is based on a legal framework formulated
by the parties in advance of the legal proceedings. Although the parties are free to
negotiate the general rules upon which their case will be decided, international
custom and conventions require that the litigants be consistent with existing laws
generally applicable to their type of case. Second, formal adjudication is the submis-
sion of disputes to a regularly constituted court to be resolved on the basis of existing
procedural and substantive rules as applied by that court. Unlike the panel of arbitra-
tors, a regularly constituted court of law is composed of judges who are appointed
through an institutional process outside of the direct control of the litigant parties.
In arbitration, the parties can manipulate the framework of the laws before their case
is heard; in formal adjudication the parties accept the existing framework as estab-
lished by prior legislative or judicial actions.
Both methods of performing the adjudication function have the following features
in common: The parties submit their disputes to a third-party agent for an objective,
impartial treatment of the conflict; and the third-party agent is granted the right,
though not necessarily the power of enforcement, to render an authoritative judg-
ment, based on a review of the law and facts applicable to the case, in favor of one of
the parties. The judgment need not be totally in favor of one party over the other.
Arbitral panels, in particular, may be given, or assume, the discretion to formulate
compromise decrees in an effort to reconcile the extreme demands or feelings of the
parties. A similar result can be reached in the more formal process of adjudication by
recourse to principles of equity to soften the impact of the rigorous application of the
law.
Therefore, the essential difference between the two modes of rule adjudication is
that arbitration is quite flexible while formal adjudication is more structured. Arbitra-
tion is a compromise betweenrule-makingandrule adjudication. It permits each party
to minimize his potential losses or his opponent's gains through the selection of judges
and rules oflaw to be applied. Arbitration is consistent with the practices of primitive,
unstructured systems andconfederalorganizations. Formal adjudication is associated
with more centralized forms of government.
Again, these theoretical distinctions are not easy to separate in practice. For exam-
ple, the International G:JurtofJustice, a formal agency of adjudication associated with
the United Nations, retains some aspects of arbitral behavior. Judges of the G:Jurt are
selected with the purpose of maintaining a rough geographical and ideological balance
on the G:Jurt. Moreover, there are provisions allowing parties before the World G:Jurt
8 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
-as it is commonly called-to select a limited number of judges of their own choosing
to participate in that particular case. Finally, as will be seen in the selection by Profes-
sor Scheingold, courts of formal adjudicationcanmanipulateinterpretationsofthelaw
and apply rules of equity to arrive at compromise decisions very similar to those of
arbitral panels.
CONCLUSION
I have tried in this essay to convey a sense of change in the pattern of international
politics which has become increasingly noticeable since 1945. This change is the rapid
growth of all types of international organizations. While much of our attention has
been focused on the United Nations system of organizations, this book is an effort to
examine some of the less heralded but extremely important developments in inter-
national regionalism. The functional approach outlined above is designed to serve
two purposes. First of all, this approach permits a unified study of the decision-making
processes and structural characteristics of several, diverse organizations. Secondly,
these functions are also criteria by which we can measure the current state of and
future prospects for political integration in these organizations.
1 GabrielA Almond and G. Bingham Powell, Comparative Politics: A Developmental Approach (Boston:
Little, Brown and Company, 1966).
• Other functions, such as rule application, recruitment, and political commwrication, were not included
because representative materials outside of the European area are lacking. It seemed preferable to use
functional categories whereby several regional organizations could be compared.
• David Easton was one of the first political scientists to apply systems analysis to political life and today
remainsoneoftheforemost theorists in this field. Aimngbis various writings, I find the following to be most
usefulasanintroduction to the concept of systems theory: David Easton, A Framework for Political Analysis
(Englewood Cliffs, N.J.: Prentice-Hall Inc., 1965).
• This now famous and widely accepted definition of a political system was formulated by Easton and
explained at length in his first major work, The Political System (New York: Alfred A Knopf, 1953); also
see Easton, A Framework, pp. 47~7.
5 This will be somewhat apparent in the article by Mrs. Wild, which appears in this book in the chapter on
interest articulation. Numerous studies of factions within regional and wriversal international organizations
areappearingnow. Some examples are: 'Thomas Hovet, ]r.,Bloc Politics in the United Nations (Cambridge:
Harvard University Press, 1960); Robert Owen Keohane, "The Framework of Influence," International
Conciliation, No. 557 (March1966); BranislavGosovic, "UNCI'AD: North-South Encounter," International
Conciliation, No. 586 (May 1968); 'Thomas B. Millar, "The Commonwealth and the United Nations," Inter-
national Organization, Vol. 16 (1962), pp. 736-757; and Arthur Lall, "The Asian Nations and the United
Nations," International Organization, Vol. 19 (1965), pp. 728-748.
• A very comprehensive review of the jurisdiction and case law of the European Court of Justice may be
found in the two-volwne work by D. G. Valentine, The Court of Justice of the European Communities (2
Vols.; London: Stevens and Sons, 1965). For a shorter, political science-oriented approach to the Court
see Werner Feld, The Court of the European Communities, New Dimension in International Adiudication
(The Hague: Martinus Nijhoff, 1964).1ndividuals and business enterprises do not possess an all-embracing
privilege to sue member state governments or the various authorities of the Commwrities. The appeals pro-
cess is a tortuous labyrinth of complex jurisdictional rules. Nonetheless the mere fact that private persons
or corporations possess any power to challenge national and supranational political authority through a
judicial system is in itself a major development in international relations.
7 A more detailed analysis of the political-legal consequences of the shift from an unstructured to a struc-
tured system may be found in R L.A. Hart, TJie Concept of Law (Oxford: Clarendon Press, 1961), pp. 77-
120.
• In practice, the unanimity principle is modified by most organizations. Certain problems may be desig-
natedasproceduralandrequireonlya simple majority. Other common schemes for voting include the use of
weighted majorities-two-thirds, three-quarters majorities, etc. -and in some cases dissenting states may
be excused from taking certain actions agreed upon by the others in the organization.
INTRODUCTION 9
9 A succinct listing and review of the criteria for distinguishing between confederal and federal types of
systems may be found in Ernest Haas, The Uniting of Europe (Stanford, California: Stanford University
Press, 1958), pp. 32-59.
10 Morton A. Kaplan and Nicholas deB. Katzenbach in their book, The Political Foundations of Inter-
national Law (New York: John Wiley & Sons, 1961 ), pp. 3-29, discuss the differences between rule making
and rule adjudication in more detail.
11 The similarities and dissimilarities of arbitration and formal adjudication may be seen in Gerhard von
Glahn, Law Among Nations (New York: Macmillan Company, 1965), pp. 461-481.
CHAPTER II
MEASURES OF ADJUSTMENT
At the level of the firm, the Common Market has been accepted as an imminent reality.
The main preoccupation of most firms, large and small, in all sectors of the economy
and in each Member State, is with programs of rationalization and investment de-
signed to prepare for the coming of the Common Market. 1 Its impact is revealed in two
major trends: first, in the internal policy of firms, and, second, in structural changes
affecting the relationship between firms. 2
From: Tlw Political Dynamics of European Economic Integration, by Leon N. Lindberg, pp. 94-103,
© 1963 by the Board of Trustees of the Leland Stanford Junior University. Reprinted with the permission
of the publishers, Stanford University Press.
11
12 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
Internal policy
The purpose of the first set of reactions was to prepare for the coming of the Common
Market by improving competitive positions and lowering costs by means of a rational-
ization of production methods, a redistribution of work, increased specialization,
etc. There is a new urgency in the area of technical research and an ever-increasing
concern with the training of staff, especially in modem management techniques and
in marketing. 3 Several new schools of business administration (patterned after the
Harvard Business School) have been set up for the specific purpose of training "Euro-
pean" executives. Business and commerical groups have shown great interest in the
question of harmonizing laws concerning incorporation and the rights of companies.
Because this is a long-range affair at best, research has been concentrated upon the
possibility of creating a new type of company, constituted in such a way that it could
be incorporated under identical terms in each of the six countries. The [EEC] Commis-
sion has also shown interest in this area. 4
Elaborate preparations are being made in anticipation of increased exchanges of
products among the Six. According to one observer:
Business firms are establishing commerical networks of agents, distributors, and concession-
aires in the Community, which, if not yet active, are making preparations for the future con-
quest of markets. The newspapers in each of the Community countries are filled with publicity
concerning products manufactured elsewhere in the Community. All of this is new because
exporting firms were never sure in the past whether they were going to get import permits from
neighboring countries or not. Now they have an almost absolute guarantee that the import
policyoftheother countries of the Six will become more and more liberal as time goes on. Conse-
quently they are prospecting markets and organizing outlets to an extent which they would
never have considered a short while ago. 5
Investment programs are being undertaken to build plant and equipment designed
for a large market of 170 million. New factories and subsidiaries are being opened,
often in other countries of the Community. 6
Commercial publicity uses the Common Market as a sales argument, stressing
sales of products from the other Common Market countries, or using the argument
that the Common Market requires rationalization to sell equipment goods. 7 An
interesting example is the sales campaign of the Brussels department store "A 11nno-
vation," in which hundreds of products from the other Common Market countries
were sold at the prices that would prevail if all duties had disappeared in intra-Com-
munity trade. 8
Banks and other credit institutions have set up special services to advise businesses
about the problems and opportunities of the Common Market. Numerous syndicates,
such as the "Syndicat Euralliance" 9 and the "Syndicat Europeen d'Etudes et de
Financement" (Eurosyndicat), 10 have been formed by banks in several countries so
as to pool information and market research facilities, and to ensure collaboration in
the area of investments. Individual banks have made great efforts to increase their
capital reserves for investments both within the Six and in the Overseas Territories. 11
A large number of investment societies have been set up, both at the level of the Six
INTEREST ARTICULATION AND AGGREGATION 13
and in each country, specifically for the purpose of financing economic expansion in
the Common Market. 12 Alongside this expansion of investment from within the
Community, there is a marked increase of American investment in the Six. Taking
advantage of the Community's rapid rate of growth and of the fact that trade restric-
tions are likely soon to disappear, American firms are opening subsidiaries or build-
ing factories at an ever-increasing rate. According to a study of the Chase Manhattan
Bank, of326 American enterprises opened in Western Europe between 1958 andmid-
1960, 267 were in the Common Market and these especially in the chemical and
mechanical construction industries. 13
Structural changes
Two related structural transformations have taken place. First, there has been a
greatly accelerated rate of mergers and concentrations between firms at the national
level. 14 Newspapers, trade journals, and publications like Agence Europe regularly
publish long lists of such agreements, and examples galore might be cited. No statistics,
however, are available on their relative incidence, nor is it known to what extent they
may involve restrictions on trade such as price-fixing or market-sharing. 15
Second, the Common Market has also given rise to an ever-expanding network of
various kinds of agreements between firms of the several EEC countries: for the
coordination or specialization of production, for the utilization of common sales
organizations, for the creation of joint affiliates or new enterprises, and for the ex-
change of patents and technical information. 16
It is not possible here to analyze all these groups in detail. They vary in character
from groups meeting for sporadic round-table discussions or exchanges of view, to
legally-constituted associations with formal statutes and permanent secretariats.
They may be "peak" associations representing national confederations of industry
(UNICE, Union of Industries of the European Community), of trade (COCCEE,
Committee of Commercial Organizations in the Countries of the EEC), of farmers
(COPA, Committee of Agricultural Organizations of the EEC), of trade unions
(European Regional Organization of the ICCTU, the International Conference of
Christian Trade Unions, and the European SecretariatoftheiCFTU, the International
Confederation of Free Trade Unions), of artisans (the Committee of Handicraft
Associations in the Six Countries of the EEC), of consumer cooperatives (the Commit-
tee of National Organizations of Consumer Cooperatives in the Common Market),
or of bankers (the Banking Federation of the European Community). Or they may
group together associations of special industries (mining, foodstuffs, beverages,
textiles, shoes, clothing, wood, leather, paper, rubber, chemical products, nonferrous
metals, foundries, mechanical and electrical equipment, construction, and electric
power), or of trade in the same products, or of workers in the various professional
internationals. 20 Agriculture is the most extensively organized, with 82 groups formed
at the EEC level: nine organizations of farmers, six of agricultural cooperatives, 36 in
agricultural foodstuffs industries, 27 in trade in agricultural products, three organi-
zations of workers, and one organization of consumer cooperatives. 21
These organizations may have large, highly competent secretariats with extensive
budgets, or they may maintain only a part-time secretary-general; they range from
organizations which can act independently and even take decisions that are binding
on their natural constituent federations or confederations, to organizations which only
collect and transmit information. Their stated purposes or goals are similar: to
establish a liaison between groups representing a given sector in the several countries
of the EEC, to promote the interests of their particular sector before the institutions
of the EEC (Commission, Council, Assembly, Permanent Representatives, ESC),
to do this by trying to achieve common positions on as wide a range of issues as possible,
to exchange information and make technical studies of problems faced by the sector
at the European level, to develop centralized statistical and documentary services,
and soon.
We have already seen that the Commission has encouraged the development of
these groups, actively fostering it, in fact, in the case of agriculture. 22 Contacts take
INTEREST ARTICULATION AND AGGREGATION 15
place on an irregular basis, at large-scale meetings or round tables. One such meeting
is described as follows:
In the industrial sector, a first exploratory meeting between the officials of the Onnmission's
staff and those of the European federations representing the various branches and those of the
UNICE took place on 20 December 1960. This meeting was devoted to the study of problems
related to the achievements and the prospects of the Common Market, to the development of
internal Community trade, to the external relations of the Community and to tax questions,
as well as to the problems raised by competition. . . . Exploratory meetings have taken place
with the trade organizations of the textile industry. Among the problems raised the accent has
been placed by the trade organizations on the disturbances in the market deriving from the
abnormal conditions of competition is certain non-member countries. . . . As far as crafts
and small industry are concerned . . . discussions bear on all the questions concerning the
work of craftsmen and, in particular, policy, statistics and the right of establishment in this
field. 23
Many of these groups channel a large proportion of their energies through the Eco-
nomic and Social Committee, depending on whether or not it is currently occupied
with an issue affecting their interests. This has been particularly true of the trade
unions' and farmers' organizations in regard to the debates over a common agricul-
tural policy. Efforts have also been made, with apparently indifferent success, to
contact the Permanent Representatives and the Council; 24 accordingly, with regard to
the institutions representing the governments, most contacts take place through
regularized channels at the national level. In such cases the common position of the
regional group, if one has been reached, will be conveyed to the national Ministers
by representatives of the respective national member groups.
The sheer number of these groups and the scope of their activities are significant
indications of the extent to which economic interest groups have been "activated."
We have here a parallel development to that already traced at the level of national
administrators: Thousands of interest-group leaders from the six Common Market
countries are traveling to Brussels, are getting to know each other, are often engaged
in a process of trying to reach a compromise and take common positions. A regional
interest-group bureaucracy is being created, which already shows signs of develop-
ing a distinct vested interest in increasing its attributes vis-a-vis the national constit-
uent groups. Nevertheless, these regional groups will be of limited significance for
political integration unless participation in them comes to represent a fundamental
restructuring of expectations and tactics. To what extent have collective needs at the
regional level taken priority over national differences? Do the necessities of "inter-
nationallobbying" force compromises of initial positions? Do interest group officials
become more "Europe-minded"? Is all agreement between national groups purely
tactical or do groups seek to work out agreements on basic principles? Are conflicts
solved on the basis of the "lowest common denominator," "splitting the difference,"
or "upgrading common interests"? To what extent are the regional groups given actual
powers of initiative or decision?
No definitive answers can be given to such questions at this point. Most of these
16 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
groups have been in existence for only a few years. The vital interests of relatively few
are as yet directly affected by decisions of the Community institutions.
Preliminary indications reveal that as a general rule national considerations con-
tinue to shape the character of participation in these regional interest groups. Common
positions are reached when interests coincide, but otherwise decision-making is of the
lowest-common-denominator type, with final agreement rarely exceeding what the
least cooperative participant is willing to grant. Meetings of such groups resemble
the classical diplomatic conference between formally instructed delegates of sover-
eign entities. We would thus expect that the narrower the interests of a given group,
the more likely it would be to develop a significant cohesion at the regional level. For
example, the jute producers of the EEC are strongly united around their mutual inter-
est in excluding imports of jute from Pakistan. 25 Nevertheless, these groups are
undeniably a significant expression of a political adjustment to a new situation and a
de facto acceptance of that situation. As Haas concluded in reference to regionally
organized groups in the coal and steel industries, "while they have not made homo-
geneous groups of their affiliates, they nevertheless represent the political adjust-
ment to a regional governmental agency which is accepted as given, from whom
favours must be asked and advantages extracted, or whose policies must be opposed
'en bloc."' 26
Thus, such an organization as UNICE (Union of Industries of the European Com-
munity), made up of the peak industrial confederations in each country, has been es-
tablished in order "to create, maintain and develop ... the spirit and the bonds of
solidarity; to stimulate the working out of an industrial policy in a European spirit. " 27
Similarly, the aim of the Banking Federation of the European Community is "joint
action by the banking associations to facilitate attaining the European aims fixed by
the Treaty of Rome in the field of banking activities." 28 The existence of these groups
with permanent staffs, as well as the greatlyincreasednumberofinteractions between
interest-group leaders in a given sector, has led to the gradual development of at least
a preliminary procedural consensus. And, as Haas points out, "if a procedural consen-
sus prevails we may expect the members to be more responsive to one another than to
non-members. Even if they cannot agree on the substance of any policy, their mutual
responsiveness enables them to debate any issue and to view this assembly as a forum
for frank discussion and continuous communication." 29 Thus the members of UNICE
undertake to keep the Secretary-General of the organization informed and to consult
with each other prior to taking a position before any of the institutions of the Com-
munity. 30 They do this in the common realization that if they present conflicting po-
sitions, the EEC institutions would "have the choice of picking from the bouquet of
positions presented the most agreeable one." 31
Such a procedural consensus may already exist and have institutional expression.
This is the case with the two trade union associations which, in addition to a tradition
of internationalism, were already organized at the level of the Six to deal with the
ECSC. 32 Both have reorganized to accommodate the creation of the two new Commu-
nities (the EEC and Euratom). 33 However, the resulting organizations have not been
based on, nor given rise to, any wide-ranging substantive consensus. Neither the
European Organization of the ICCTU nor the European Secretariat of the ICFTU has
INTEREST ARTICULATION AND AGGREGATION 17
been given any significant powers of initiative or decision, and they serve as little more
than liaison bureaus. As the Secretary-General of the latter organization observed:
It is, moreover, very difficult to ask our governments to give up certain sovereign rights to Euro-
pean authorities when we ourselves continue to preserve our national trade union rights to such
a degree that one can speak only of trade union collaboration but in no way of trade union inte-
gration.... We find ourselves faced with the choice of losing on the European level what we
have won at the national level as regards rights of consultation and of codetermination, or of
leading our movement as a directing element in the battle for a free, prosperous, and united
Europe. 34
Both farmers' and farm workers' organisations have devoted attention to the work of the Com-
munity's Economic and Social Committee and its agricultural section. Many of the represen-
tatives attending COPA have also attended the meetings of the Agricultural Section, either as
official representatives or as "technical advisers" (who are permitted to speak but not to vote).
Through their participation in COPA, as well as through their earlier participation in the Euro-
pean Confederation of Agriculture and in the International Federation of Agricultural Pro-
ducers, the representatives of farmers'organisations have acquired considerable solidarity.
Over the draft proposals of the Commission, for example, they arrived at an agreement among
themselves on thegenerallinesoftheadviceto be given bytheESCtothe Commission and to the
Council of Ministers. After a compromise had been reached in the agricultural section between
18 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
the farmers' groups and the trade union group, the resulting statement was accepted, with only
a few amendments, by the full ESC by 72 votes to 19 (mainly by industrial representatives) ab-
stentions. . . . Tiris advice, although very general and vague, was mainly in support of the Com-
mission's draft proposals and reflected little of the criticisms of those proposals heard so fre-
quently among the member countries of the Community. 85
As a result of these activities, and in anticipation of the future, COPA has recently re-
organized in an effort to effect closer collaboration and set up a stronger central author-
ity.
A President and a Praesidium (one representative from each country) have been
established to flank the COPA Assembly and to provide the cohesion necessary to
strengthen the organization's voice before the Commission and in the Economic and
Social Committee. The Praesidium disposes of a certain amount of political initiative,
although major decisions still require unanimity. 36 The first President is Edmund
Rehwinkel, influential head of the Deutsche Bauemverband (DBV). It seems clear
that these organizational changes represent a recognition that the interests of agri-
culture can be adequately defended only by giving up a certain amount of national
autonomy.
Interesting also is COPA's success in establishing itself as the spokesman for the
interests of all agricultural producers. Most of the organizations at the regional level
that are grouped according to product (beets, hops, wine, etc.) have agreed to partici-
pate in COPA .Assembly meetings and to submit their position papers to COPA before
sending them to the Commission. Although the substantive consensus achieved to date
byCOPAis quite modest, a potentially significant procedural consensus is developing
rapidly. The meetings of the Assembly involve a frank and relaxed exchange of views
and seem to manifest a genuine desire to reach a maximum of agreement. Of some
interest was COPA's position on acceleration. The DBV was unalterably opposed to
acceleration, whereas it was supported by the others. Yet under the presidency of
Rehwinkel a compromise solution was found, which stated that "COPA does not op-
pose the principle of acceleration in spite of the particular difficulties it presents for
agriculture." 37
Of greater importance is the declaration of October 13, 1960, in which COPA ex-
pressed apprehension lest progress on a common agricultural policy be delayed or
called into question by de Gaulle's notion of an "Europe des patries." The organization
renewed its support for a "European" solution to the agricultural problem: "COPA
feels that the elaboration of a common agricultural policy cannot be effected on the
basis of a lowest common denominator of existing national policies, but that we must
develop a policy which is adapted to new common circumstances and which at the
same time assures tangible results to agricultural producers." 38
That this process of meeting together to hammer out common policies has what we
have called latent effects (the development of multiple perspectives, personal friend-
ships, a camaraderie of expertise) is readily attested to by COPA members. Such con-
sistent COPA participants as Edmund Rehwinkel of the DBV, Constant Boon of the
Belgian Boerenbond, Luigi Anchisi of the Italian Confederazione Nazionale Colti-
vatori Diretti, Georges Breart of the Assemblee Permanente des Presidents des
INTEREST ARTICULATION AND AGGREGATION 19
Chambres d'Agriculture (France), and Albert Genin and Pierre Halle of the FOO.era-
tion Nationale des Syndicats d'Exploitants Agricoles (France) are all influential in
their respective agricultural organizations. We may expect therefore that the orga-
nizational experiences at the regional level will affect national policy-making. As pro-
gress is made toward a common agricultural policy, this process will be accelerated.
TheConsultativeCommitteeswhichweresetupinl962,whenthefirstconcretemea-
sures of the common agricultural policy came into force, and which consist of repre-
sentatives of agricultural producers and of labor and commerce, will probably impose
upon these groups the need for still further internal coordination.
1 See the numerous examples cited by Malvestiti in EEC Commission, Bulletin, No. 3 (1959), pp. 5-17.
See also Hasbrouck, "Common Market at the Grass Roots."
2 SeeEECCommission,GeneralReportl960, p.131.
• De Vleeschauer.
• See Willemetz, pp. 38ff.; and ECIS, Communautes Europeenne, August-September 1960.
5 Ouin, in Stein and Nicholson, p. 168.
6 ECIS,Etudesetanalyses, No.16.
7 EEC Commission, General Report 1960, p. 130.
• Advertisement in Le Soir, January 3-4, 1960. An official of the store told me that the losses incurred
in these price reductions were shared equally by the store and by the various suppliers, all of whom were
anxious to get a foot in the Belgian economy.
• Groups:SocieteGeneraledeBelgique,AmsterdamscheBank,andtheDeutscheBank.See"LesBanques
et Les Bourses dans le Marche Commun," in ECIS, Communaute Europeenne, December 1960.
10 Groups: Banque Lambert, MM. Rothschild Frires, Berliner Handels Gesellschaft, Ia Compagnie Fi-
nanciere, Pierson-Helding-Pierson of Amsterdam, Medrobanca (Milan), Ia Compagnie d'Outre-Mer, and
Bayerische Staatsbank. Ibid.
11 E.G., La Compagnie de l'Outre-Mer, Banca Commerciale Italiana, Credit Lyonnais, etc. For an exten-
sive list see ECIS, Etudes et analyses, No.I.
12 E.G., Eurunion, with capital of one billion Belgian francs, created by members of Eurosyndicat (see
note 11). Forextensivelistsof groups set up in each of the several countries, see citations in notes 10 and 11.
Also "Les Banques belges, grande industrie dans le MarcheCommun," Le Monde, April14, 1960.
18 "Investissements ammcains dans Ia Communaute," in ECIS, Communaute Europeenne, November
1960. Note the evolution in these figures on U.S. investment projects abroad (millions of dollars):
1959 1960 1961
EEC 157.3 269.2 355.5
Other European countries 222.0 231.7 295.2
Total world 934.7 1,126.5 1,304.3
14 Thistrendisencouraged by the governments concerned, especially in France, wheretaxreliefis given to
firms wishing to regroup with a view to combating Common Market competition, and especially for the pur-
poseof organizingexportsonajoint basis.Agence Europe, January 2, 1959.
15 See EEC Commission, Mouvements. One of the services of the Commission tries rather unsuccessfully
to keep up with these agreements by making lists of them as they occur. Long lists may be found in ECIS,
CommunauteEuropeenne, May,June, and July, 1960.
16 E.G.,notetheagreementsbetweenRenaultandAlfaRomeo,FiatandN.S.U.,PeugeotandMercedes-
Benz, Montecatini and Pechiney, etc. For long lists see citations in note 15. For the incidence of such mea-
sures,seeAgenceEurope, October 9, 1961,whichcites the followingestimatesfromastudyreleased by the
Deutscher Industrie- und Handelstag: 880 affiliates created in other EEC countries; 610 agreements for
technical cooperation; and 480 agreements for participation in EEC firms.
17 Most interest groups have specialized departments and staffs who are charged with the responsibility
of following the work of the Community institutions, and of making contact with them and with the various
national Ministries concerned.
18 SeeEECCommission,Bulletin, No.4 (1961), p.ll.
19 Organizations exist at the EEC level among medical, paramedical, and pharmaceutical professions
(physicians, pharmacists, dentists, and veterinary surgeons); the legal profession (solicitors, tax consul-
tants, etc.); and the technical professions (engineers, consultant engineers, chemical engineers, architects,
chartered accountants, surveyors, and real estate agents). There is also a Standing Conference of the Cham-
bers of Commerce of the EEC countries and a workingpartyonEuropean Integration of the Union of Inter-
national Fairs. Ibid., p.13. SeealsoAgenceEurope, October9, 1961.
20 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
2° For a full listing of all groups with summary information on members and purposes (exclusive of trade
unions and agriculture), see EEC Commission, Repertoire des organismes communs.
21 EEC Commission, Bulletin, No.4 (1961), p. 14. For a listing of these groups see EEC Commission,
Repertoire des organisations agricoles.
22 "The European trade organizations are themselves a valuable instrument in the merging of the markets
and in co-operation across the national frontiers." EEC Commission, Bulletin, No. 4 (1961 ), p. 15.
23 EECCommission,Bulletin, No.4 (1961), pp.12-13.
24 See Stein, "The New Institutions," in Stein and Nicholson, p. 90.
25 There has been a similar development in the shoe industry, which has set up the "Comite de Liaisons
et d'Etudes de Ia Chaussure," a committee with statutes permitting majority decisions in policy matters.
Its aims are to present common opinions and to protect markets against third countries (especially Hong
Kong, India, and Japan). Caze, pp. 409-16.
26 Haas, Uniting of Europe, pp. 353-54.
27 UNICE, Statuts, Article 5.
28 Agence Europe, November 10, 1960.
29 Haas, Consensus Formation, p. 5.
30 UNICE, Statuts, Article 12.
31 Nagels, p. 446. Also quoted in Stein, "The New Institutions," in Stein and Nicholson, p. 84.
32 For details see Haas, Uniting ofEurope, pp. 355-89; Scheingold; Brouland; and Beever, pp. 93-204.
33 See Beever, pp. 70-77. Also Tessier, pp. 242-46.
34 Secretariat Syndical Europeen, "Rapport," p. 27.
35 Robinson, p. 136.
36 COPA, "Reglement interieur."
37 COPA, "Position de l'Assemblee du COP A."
38 COPA, "Declaration de l'Assemblee du COPA."
Ernst B. Haas
Philippe C. Schmitter
meetings of"economic sectors" called by the PECt.> in 1963. It is too early to estimate
whether these co-opted groups will attain a degree of corporate independence and
viability, or merely act as clearing houses for commercial transactions. The groups
which formed more or less spontaneously, however, have not hesitated to initiate pol-
icies and press demands on the PEC and Conference, although they have frequently
had difficulty in arriving at a common line of action. It took two meetings of the copper
producers to agree that all copper purchases should be made preferentially within
the Zona'!.>~.> on the basis of private agreements between suppliers and consumers, and
that only temporarily. Chilean copper refined outside the area should be considered
of zonal origin. 1 Iron and steel producers, in collaboration with ECLA'!.>- and the
Inter-American Development Bank (IDB), have been working on a complementarity
agreement, but to date have been unable to agree on a definite project. The continued
existence ofbilateral treaties covering steel products and the determination of certain
countries to embark on programs of self-sufficiency (notably Argentina) have not only
prevented the drafting of a complementarity agreement, but have blocked the grant-
ing of concessions in the annual national lists. The fourth Congress of the Instituto, in
fact, refused to go on record supporting the inclusion of iron and steel products in
LAFTA negotiations, as the Mexican delegation proposed, on the grounds that this
was strictly a matter of national policy. 2
LAFTA's most dynamic interest group has been the Latin American Association of
Shipowners (ALAMAR). After hammering out substantial internal differences-be-
tween Atlantic and Pacific Shippers over the location of its headquarters, between
large-tonnage andsmall-tonnagefirmsover voting arrangements, and between Brazil
and the rest over the nature of zonal preferences-ALAMAR presented the LAFTA
Advisory Committee on Transports with a lengthy declaraci6n de principios. The
declaration, which was incorporated almost without change in the Committee' sAnte-
proyecto de Convenio General, would reserve all except 10 per cent of zonal com-
merce to ships of LAFTA members, permit the establishment of bilateral quotas on
upto40 percent of mutual trade, promote harmonization of norms, guarantee equality
of treatment and establish a system of penalties for infractions. 3 In the face of such
self-conscious regional discrimination, North American shipping companies protested
strongly, even threatening reprisals. The United States Federal Maritime Commis-
sion and the State Department registered disagreement. No Latin American country
has yet signed the Anteproyecto.
In another instance, ALAMAR, its strength undoubtedly bolstered by the presence
of numerous state shipping firms in its ranks, demonstrated its vitality. When Peru
levied an additional port tax on foreign ships, ALAMAR protested to the PEC on the
grounds thatsuchalevywould be contrary to the proposedAnteproyecto which was to
be discussed a month later. The PEC supported the request and asked members not
to apply new taxes until the establishment of a joint maritime policy had been dis-
cussed. 4
""PEC" stands for the Pennanent Executive Committee of LAFI'A, a committee made up of the per-
manent representatives of the member states.
"""Zona" refers to the geographic zone of the Treaty.
""" "ECLA" stands for the United Nations Economic Commission for Latin America.
INTEREST ARTICULATION AND AGGREGATION 23
Two peak associations have been formed to coordinate the efforts of national trade
and industrialist organizations at the regional level. To a certain extent they repre-
sent a regional projection of differences of interest present within the business and
entrepreneurial sectors of the more developed Latin American countries. 5 Both sup-
port regional integration, but in distinctive manners.
The first of these was the Latin American Association of Industrialists (AILA). It
tends to group representatives of the older, better-established trade associations such
as the Confederaci6n de Camaras Industriales (Mexico), Confederacao National da
Indtlstria (Brazil) and the Uni6nindustrialArgentina, groups which in turn represent
the interests of larger, older firms whose internal market position is secure and who
often work with, or are branches of, foreign firms. Many of these firms, especially
where surplus capacity exists, are export-conscious and support the idea of an expan-
sion of markets through liberalization of trade barriers, but are wary of high rates of
zonal protectionism and of centrally-planned complementarity. Hence, AILA's pro-
gram stresses the importance of the role of private enterprise, the fuller utilization of
concessions, the adoption of a common nomenclature, the protection of patents
and trademarks, and the need for a general harmonization and simplification of
customs procedures. 6
The second group, the Association of Latin American Entrepreneurs Participating
inLAFTA (AELPALALC), seems to recruit more from trade associations such as the
Confederaci6nNacional de Ia Industria de Transformaci6n (Mexico), theFederacao
dasindustriasdo Estado de Sao Paulo (Brazil) and the Confederaci6nEcon6mica Gen-
eral (Argentina), which represent newer firms, less established in internal markets,
more dependent on state assistance and protection, and more wary of foreign control
and competition. It also apparently recruits from individual firms. 7 A list of the de-
mands put forth by AELPALALC a tits first convention illustrates our contention. One
series of requests was concerned with institutional innovations considered helpful
to businessmen in the normal conduct of trade; here we find calls for an export insur-
ance scheme, a register of all LAFTA industrialists, a mechanism to link industrialists
with the IDB, more intensive complementarity agreements and a more extended pri-
vate and public banking network for the Zone. A second set of demands, however, im-
plied a very definite growth in the powers of LAFTA itself; the industrialists de-
manded the creation of a payments union, a monetary compensation mechallisin
among the member countries, a common external tariff for raw materials, the harmo-
nization of export-import regimes, commercial policies and foreign exchange regu-
lations, as well as the evolution of LAFTA into an agent of the member countries de-
fending their interests vis-a-vis the European Economic Community. 8
WhilesomeobserversnotedthatwithinLAFTA, "difficulties ... have been lately
emerging at the industrial entrepreneurial level ... [that] mainly involve conflicting
claims of representative authority," 9 there is no indication that LAFTA has recognized
exclusively the claims of either group. Even if the pattern of demands of the Empre-
sariosis more conducive to an expansion ofLAFTA functions, the risk of incurring the
censure of the considerably more powerful Industrialista group cannot be ignored.
Whether this split will neutralize the pressure-group activity of these region-wide
groups, leaving the field to the more specialized trade associations, or whether LAFTA
24 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
authorities can use these differences to build up support groups in the more industri-
alized countries, remains to be seen.
The difficulties implied in the organization of cohesive regional interest groups,
given the pattern of uneven economic development and heterogeneous group struc-
tures, is illustrated in the case of banking. Neither private bankers nor the represen-
tatives of central banks have succeeded in forging important LAFTA-wide links. Na-
tional monetary experts in the member countries have long urged the importance of
coordinated central banking and of zonal credit arrangements, as well as the installa-
tion of a LAFTA clearing and payments mechanism. But the LAFTA Secretary-Gen-
eral has declined to show interest in the scheme. The first "joint action" of Latin Ameri-
can central bankers did not occur untill964, in the context of the annual meeting of
the International Monetary Fund. And at that time they merely agreed to oppose in-
ternational arbitration arrangements over conflicts arising from the expropriation of
foreign-owned properties. While it is customary in Latin America to blame the lack of
regional monetary cooperation on the International Monetary Fund, the basic reason
seems to lie in the disparate national monetary experiences and in the preoccupation
with national problems of inflation.
Because of the difficulties encountered at the level of central bank cooperation, the
Mexican Centro de Estudios Monetarios Latino-americanos (CEMLA) is currently
seeking to organize a regional federation of private bankers. The PEC's Advisory
Commission on Monetary Affairs is cooperating. The proposals before the region's
commercial banks deal with various investment projects and practices involving joint
action by several banks. But close observers are far from optimistic as to the success
of these ventures. 10
The generally encouraging phenomenon of a proliferation of regionally-oriented
pressure groups is thus clouded by the passivity and purely symbolic existence of
some of them and by the difficulties encountered in the more dynamic and indepen-
dent ones in aggregating the divergent interests of their members in a regional policy.
The nagging (but admittedly as yet unconfirmed) suspicion persists that these insti-
tutos and asociaciones of producers are much less interested in LAFTA as an institu-
tion upon which to exert pressure for advantages and opportunities denied by more
restrictive national governments, than in insuring the protection of acquired positions
and/or dividing up the emerging markets of non-producers.
This survey of regional interest group formation also suggests an explanation of why
certain business groups takeLAFTAmore seriously than others. ALAMAR is the kind
of group which can normally be expected to effect a shift of loyalties and expectations
to a regional center because of the unique protective umbrella which central policy
would lend to the members. The fact that state-owned merchant marines are part of
the picture complicates the internal bargaining of the group but does not detract from
its dependence on regional protection vis-fl..vis competition with American, European
and Japanese shipping. But commercial banking is in a different position. It operates
in a general setting of financial scarcity. The largest commercial banks tend to have
strong traditional ties with foreign trade activities outside the LAFTA region. In short,
trade associations which aggregate diffuse and heterogeneous interests are not a
promising vehicle for spurring zonal transaction rates. If these associations cannot
INTEREST ARTICULATION AND AGGREGATION 25
decide to opt clearly for zonal protection at the expense of traditional trade with
Europe and the United States, their contribution to regional integration is unlikely to
be very powerful ....
SECTOR MEETINGS
The pattern of demands coming from private economic groups and the type of adjust-
ment such formations make with respect to an integration program is of potentially
crucial importance to politicization. Private producers may, in a commitment to
national protection, simply oppose tariff liberalization. On the other hand, convinced
that new benefits or inevitable adjustments confront them, they may advocate a more
rapid pace of progress toward a common market or a regional economic development
policy. In either case their influence on decision-making could be crucial. There is,
however, a third possibility: adjustment to the growth of a larger market by means
of cartel agreements which afford the associated nations mutual protection, without
necessarily implying a growth in output, efficiency, or the magnitude of trade and
without implying lower prices or greater powers of economic regulation on the part of
LAFTA . There is much evidence that in the first four years of freer trade this has
indeed been the pattern of response of the private industrial sector. This is all the
more crucial for an understanding of the integration process if we keep in mind that
business groups constitute the only non-governmental aggregates who have so far
evinced an interest in politicized economic integration. Trade unions and political
parties have thus far played no role, though certain faltering steps have been taken
to gear them to the process.
Sector meetings are convened by the PEC, though a few of them came about as a
result of independent action by trade associations which antedate LAFTA. Basically,
however, it is true that the growth of a multilateral business consciousness and the
growth of awareness among producers that there can be a "regional" rather than
purely national economic policy is the result of LAFTA's existence. This develop-
ment was intended by the PEC and by the Second Conference. As Comercio Exterior
put it:
These meetings have as their principal objective the establishment of the necessary contacts
between theproducersof the Zone for the exchange of information, the encouragement of more
active participation of private enterprise in the problems of negotiation, and making known
the needs in raw materials, equipment, and machinery of each country. They should give pro-
ducers a basic knowledge of LAFTA and promote the necessary conditions for planned indus-
trial development. In order to insure the continuity of studies and understandings reached at
these meetings, it is deemed convenient to promote the formotion of regional organizations,
formed by representative members from each industrial sector. 11
Table 1 summarizes the record of industrial sector meetings. If we consider that the
PEC decided as late as 1963 to take seriously the commitment toward equipping
LAFTA with a network of voluntary organizations, which is implied in the passage
quoted, the scope of meetings is truly impressive. Of the twenty-one "sectors" which
had met at least once through 1964, thirteen went ahead with the organization of
permanent regional trade associations. Two of them are made up entirely of state
N
0)
NUMBER
OF NUMBER YEAR NEW DEMANDS
MEETINGS OF OF MEETINGS MADE OF PERMANENT ASSOCIATION
INDUSTRY HELD COUNTRIES ORIGIN SCHEDULED LAFTA FORMED
~
28 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
enterprises (oil and railroads) and one is a mixture of private and state organizations
(ALAMAR). Obviously, there are tremendous variations in the frequency and inten-
sity of contacts among the sectors. Even the setting-up of a trade association is not
final and convincing evidence of an integrative breakthrough. To evaluate the
significance of these meetings, the results obtained and the consensus defined must
be examined.
We consider as the greatest evidence of commitment to the continued intense inte-
gration of the Latin American economies the conclusion of generous and sweeping
complementarity agreements, i.e., agreements which go beyond the limited mar-
keting arrangements that are no more than the local variant of a sales cartel. Such
arrangements should include understandings about the placement of new productive
capacity, an appreciation for expanding markets, some idea as to investment coordi-
nation and the protection of the entire Zone against third countries through substantial
preferences. So defined, there is no single case of success on record. The two comple-
mentarity agreements now in force (radio tubes and data processing machines) were
concluded by the firms concerned and had nothing to do with sector meetings called
by the PEC. The proposed-but unratified -glass agreement comes close to the idea
sketched. The same is true, to a much lesser extent, of the zonal preference agreement
strongly advocated by the shipowners. Finally, even though the chemical industry has
failed to reach agreement on a comprehensive complementarity agreement, it did
agree to press for the adoption of a LAFTA-wide quota system for the orderly sale of
surplus production, giving special consideration to the less developed countries.
A second pattern of demands is one step further removed from the ideal integrative
impact we have set. Here the participants have failed to agree on even a modest
complementarity agreement. However, they did succeed in reaching consensus at a
lower level, but still beyond mere identification with the safety and isolation of a
protected national economy. Such sectors, typically, advocate the conclusion of some
kind of zonal preference arrangement, i.e., a specified lowering of tariffs among the
participants and the retention of a higher external duty. They also favor preferential
purchasing and supplying contracts among the producers of the region and the elimi-
nation of special national taxes which discriminate against other Latin American
suppliers. Sometimes they also agree on a specific list of items to be presented by their
governments for the negotiation of annual concessions. Often they agree to the
exchange of information and technical aid. Innocasedothesedemandsreach the point
of a truly integrated regional market. In most cases they look more like special sales
and production cartels designed to yield immediate benefits to producers who might
eventually find themselves in competition. But they do involve -and this is crucial for
our purposes-the first stimulus of an institutional nature to make common policy
across national boundaries. 12
Still less significant with respect to politicized economic integration is a group of
sectorswhichhasfailed even to agreetothesemodestdemands. No project of common
interest emerged, let alone a complementarity agreement. Yet the participants were
sufficiently impressed with the existence of LAFTA to feel the need for permanent
organization, or at least the desirability of additional meetings. Such sectors, then,
agreed merely to consult again and to study the problems posed by LAFTA. 13 They
did see the need for a regional pressure group.
INTEREST ARTICULATION AND AGGREGATION 29
Is there no single sector which so defines its future and its needs as to require
stronger LAFTAinstitutionsandnewtasks?Theonlyevidencediscovered along these
lines, apart from the sweeping demands for task expansion on the part of the more
dynamic of the two LAFTA-wide associations of entrepreneurs, came from the Iron
and Steel Institute and the sector meetings in the mechanical, construction and rubber
industries. These industrialists saw the need for a regional payments mechanism, the
desirability for more credit facilities and-in the caseoflron and Steel-the possibility
of a regional foreign exchange equalization fund to compensate steel producers who
sacrifice foreign exchange in substituting regional steel imports for European or
American purchases.
The dominant attitudes displayed thus far by industrialists, therefore, are cautious
and non-adaptive to the regional dynamic. The most that can be said is that an intense
process of interaction has been launched by the threat of future changes and that
certain of the groups have soughtto adapt in the form of cartel-like practices of dubious
relevance to the economic welfare of the region as a whole. However, it is quite clear
that even if no net welfare gain can be registered in the short run, this form of adapta-
tion does involve a widening focus of economic calculation in that it substitutes a re-
gional protectionism for a national one. A further difficulty is created by doubts that
the opinions expressed at sector meetings are really representative of important
strands of regional opinion. In the judgment of the PEC's Advisory Commission on
Industrial Development:
... Various delegations insisted on the ... lack of representativeness of the entrepreneurs
which participate [in thesectormeetings ], as well as on thefactthatmanytimes the position sup-
ported in the meetings is not coincident with that of the government to which they belong and
that, occasionally, theydon'tevensupport thepointofviewwhichcorresponds to all the interests
of the sector trade association whom they are supposed to represent. ... 14
Thus far, then, the principle of sector meetings and discussions has been a pre-
requisite step looking toward the eventual introsification of the integration process
andlittlemore.lt has disclosed the minimal area of agreement among businessmen in
some fields. It has shown their desire forthekindof protection which will safeguard the
interest of each while discriminating against third countries. It will- in the context
of the new approach to complementarity agreements-undoubtedly stimulate the
conclusion of a new spate of such instruments. And it clearly showed an almost unani-
mous concern with eliminating the most-favored-nation provision from the comple-
mentarity principle, a concern rewarded with compliance on the part of the Confer-
ence. In the meantime, the potential for integration inherent in the sector meetings
remains to be exploited by the tecnicos who in principle make economic policy. As a
Mexican official put it:
It is hoped that from these preliminary contacts [of businessmen in sector meetings] will arise
not only new agreements by sectors, but also strong pressures upon Latin American govern-
ments, so that they focus their respective development programs on a progressively more
integrated regional market and so that they initiate-by coordinating them-the necessary
activities for eliminating the isolation in which the economies and national economic policies
have continued to develop. 15
30 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
Whether the tecnicos will eventually succeed in so manipulating the private sector
will concern us in the concluding section. So far they have failed in developing a viable
decision-makingstyle that would make LAFTA's institutions into dynamic promoters
of regional integration. "Rather victims of a weakness inherent in their condition of
subordination to politicians, governments and entrepreneurs, the tecnicos have
arrived, or are arriving at the maximum limit which their traditional method of
operation permits. Consequently, the way out has to come, must come, from other
sources. " . .. 16
"Editor's Note: The authors are alluding here to the lack of a pluralistic interest group environment in
Latin America and are suggesting that this can be overcome only by conscious effort and sacrifice by the
parties involved. This point is also discussed in Chapter One, supra.
INTEREST ARTICULATION AND AGGREGATION 31
private interest groups. Until President Frei made his proposal they had no counter-
part in a Spaak and in support from national politicians. We must now re-examine the
tecnicos in order to assess the probabilities that we are really on the threshold of
politicized economic integration in Latin America.
The potential for a creative adaptation exists. The convergence of "learned" atti-
tudeson the part of the more-developed coupled with their demonstrated responsive-
ness to the special demands of the lesser- and middle-developed, set the stage for
transcendence-a fundamental redefinition of norms and goals which would un-
doubtedlyinvolve LAFTA members and institutions in new tasks, new delegations of
authority and greater interdependence. Two ingredients have been lacking: an inte-
grative strategy and the common political will to carry it out.
Leadership in Latin American regional integration demands not the sort of techno-
cratic competence and anonymity characteristic of Western Europe, but a self-con-
scious political strategy for exploiting the interdependency hidden behind short-term
contradictions. The tecnicosunderstand this interdependency well and are now aware
that they cannot expect itto assert itself automatically. This means they cannot leave
the setting of integrative priorities exclusively to national politicos. To date, however,
their leadership effort has been too institutionally diffuse and too concerned with
reinforcing their own values to have had a broader impact. As Prebisch himself notes:
" ... sufficient progress has been made to work out a system of ideas, a dynamic view
of economic and social development leading to practical action. Now the task is to
promote public discussion and above all to gain the ear of political and trade-union
leaders." 17 The future of LAFTA as the focus of regional integration will depend not
only upon this announced effort "to gain the ear" of key decision-makers and win
them over to the ECLA doctrine, but to present them with a series of immediate
projects which exploit the growing, but limited, convergence of the major powers and
the special fears and hopes of the smaller ones. A full-scale attemptto build immediate
automaticity into LAFTA is bound to fail. A more modest effort to reach agreement
initially in a limited "priority" sector, would be a better "reform-mongering" strategy.
One could thenrelyon the imbalances generated by this admittedly imperfect solution
to cause a spill-over into areas in which agreement at present seems impossible.
Latin American tecnicos have not fully succeeded in devising such an integration
strategy. It may well be, as Miguel S. Wionczek suggests, that "there exists among
[experts] a surprising degree of agreement, in spite of certain discrepancies of doctrine
and procedure, on what it is necessary to achieve in order to make LAFTA into an
efficient instrument of integration." 18 These experts, however, have not been able
to transform this consensus into viable decisional structures. Partly this is because
they belong to a wide variety of institutions, national and international, each with its
separate loyalties and vested interests. 19 They have failed to concentrate their efforts
in an attempt to make LAFTA an exclusive and efficient instrument of integration.
More importantly -and this is certainly a reflection of their fragmented loyalties as
well as doctrinal discrepancies-they have long been unable to agree on a common
program, an order of priority. Their original hopes that trade liberalization and
voluntary complementarity would set off an automatic integration process-"that the
LAFTA, once in movement, would advance firmly and would convert itself into an
32 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
integrative strategy presented to them by the tecnicos a more general economic crisis
seems necessary. This must be coupled with a mutually perceived lack of outside
alternatives. IfEEC fails to respond to Latin American complaints of discrimination,
if no commodity stabilization agreements are reached, if developed countries refuse
to lower barriers on industrial products from developing countries, if massive United
States aid is not forthcoming, LAFTA members will have to fall back on their own
resources. Theconvergenceinleamedattitudes among the more developed members
then makes it likely that such a crisis will result in a shared response rather than a
scramble for special advantages.
1 ComercioExterior, Nov. de 1963, p. 802. [Editors note: In an earlier footnote the authors identify this
particular ComercioExterior (there are several journals in Latin America by that name) as a publication of
the Banco Nacional de Comercio Exterior de Mexico.)
2 Ibid., Agosto de 1964, pp. 565-569.
3 Ibid., Nov. de 1963, pp. 806-808; Die. de>1963, pp. 920-921; Febrero de 1964, pp. 84-85; Abril de
1964,pp. 244-245; SuplementodeJuniode 1964, pp. 60-63.
• Ibid., Mayo de 1964, p. 153.
5 Foranexcellenttreatmentofthisconflictas it emerged in Mexico, see Sanford A. Mask, Industrial Revo-
lution in Mexico (Berkeley, University of California Press, 1950). According to Raymond Vernon the antag-
onismbetween"new"and"old"groupshadnearlydisappearedby1960(Vernon,TheDilemmaofMexico's
Development, Cambridge: Harvard University Press, 1963, pp. 172-175). However, differences in atti-
tudes toward central planning seems to have revived it. See Comercio Exterior, Abril de 1964 and Julio de
1964 for the respective positions.
6 See Argentina Fabri~ 30 de Abril de 1962; La Integraci6n Econ6mica Latinoamericana, op. cit., pp.
875-876; ComercioExterior, Sept.de1963,pp.632-633; Oct. de 1963,pp. 745-748.
7 Hispanoamericano (Tiempo), 31 Agosto de 1964, p. 38.
8 See Comercio Exterior, Oct. de 1963, pp. 711-713, 736-744; Doscientos Millones, Oct. de 1963, pp.
34-42.
• Review of the River Plate, Sept. 30, 1963, p. 543. Both associations of industrialists enjoy consultative
representationatthe annual sessions of the LAFTA Conference, as does the Latin American regional organ-
ization of the International Confederation of Free Trade Unions (ORIT).
10 Wionczek,ininternational Conciliation (January 1965), pp. 41-44.
11 Comercio Exterior (June 1963), p. 400, in commenting on Resolution 55 (II).
12 Sectorswhichhaveput forth demands of this type include the following: food canners, copper, iron and
steel, machine tools, office furniture, textiles, paper and cellulose, pharmaceuticals, railway equipment.
13 Sectors in this category include the following: railroads, electronics, wine and grapes, state petroleum
organizations.
14 Comercio Exterior (June 1964), Supplement, p. 54. It was also suggested that in the future delegations
invited to sector meetings include, in addition to representatives of private enterprise, managers of state
enterprises and government delegates. The Advisory Commission itself recommended to the PEC that new
sector meetings and their agenda be subordinated to the development priorities worked out in the Commis-
sion and that such meetings be limited. They should pay special attention to the needs of less developed
members and countries lacking a given sector altogether should be represented by government officials.
15 P. GarCia Reynoso in Wionczek (ed.), Integracwn de America Latina (Mexico: Fonda de
Econ6mica, 1964), p. 166.
16 Enrique Angulo, "Conference de Alto Nivel para Salir del Estancamiento," in Tres A nos en Camino
de la Integraci6n. op. cit., p. 6.
17 Raw Prebisch, Towards a Dynamic Development Policy for Latin America, p. 14. The strategy of "re-
form-mongering" we suggest here for givingpoliticalleverage to the tknicos is developed in detail by A. 0.
Hirschman, Journeys Into Progress (New York: Twentieth Century Fund, 1963).
16 M.S. Wionszek (ed.), op. cit., pp. xxix-xxx.
19 For a very critical portrait of the Latin American economista which stresses his lack of deep convictions
and opportunism, see Daniel Cosio Villegas in Jose Echevarria and B. Higgins (eds.), Social Implications
ofEconomicDevelopmentinLatinAmerica, Vol. I, (Paris: UNESCO), 1963.
20 Phicido Garcia Reynoso, "Perspectivas para la Indllstria Quimica en la ALALC," Comercio Exterior,
Enero de 1964, p. 25.
21 Prebish, op. cit., p. 102.
•• There have, of course, been many proposals for new tasks sponsored by tecnicos, most of which have
beenreflectedin the many suggestions debated, rejected or amended in the one hundred and fifteen resolu-
tions adopted by the Conference. For economic arguments in favor of such new tasks as a regionalfomento
agency, linear tariff reductions, a regional payments mechanism in lieu of the various special export and im-
port finance schemes, a common external tariff and the coordination of development plans, see: H. S. Perloff
INTEREST ARTICULATION AND AGGREGATION 35
andR. Almeida, La lntegraci6n Econ6mica Regional en el Desarrollo de America Latina, Sii.o Paulo. Oct.-
Nov.1963 (CIES/345); and theessaysbyM. S. Wionczek, B. Siegel, and S. DellinM. S. Wionczek(ed.),
op. cit.
28 Wionczek(ed.),op. cit., p.xxxi.For an argument that tbisispossibleonlythrough the medium of newer
"national" interest groups, and not in reliance on established forces depending on trade contacts with in-
dustrialized countries, see Wionczek, International Conciliation, pp. 60-62.
•• Review of the River Plate, Oct. 22, 1963, p. 90. For similar evaluations of the evolving role of business-
men, see Aruilisis, 6 de Enero de 1964, p. 24; "Integration in Latin America," Bank of London and South
America Quarterly Review, Vol.IV,No.l,January 1964, pp.1-15. Seeour''Mexico and Latin American
Economic Integration," op. cit., and the literature cited there for the Mexican response.
25 Enrique Angulo, "Conferenciade Alto Nivel para Salir del Estancamiento," in "Tres Aiios en Camino
de la IntegraciOO.," op. cit., p. 6.
•• ''The Industrialist" in}.]. Johnson (ed.), Continuity and Change in Latin America (Stanford: Stanford
University Press, 1964), p. 185.
27 For such details of the Herrera Plan as are currently available, see Comercio Exterior (February 1965 ),
p. 97. The economists who cooperated in its drafting were, in addition to Herrera himself, Helio Jaguaribe,
Aldo Ferner, Rlmulo Almeida, Joseph Grunwald, Raymond Mikesell and BenT. Moore. It is generally ex-
pected that the tecnicos called on by Frei to relaunchLAFTA will endorse this Plan or some version of it.
Patricia Berko Wild
published speeches, OAU resolutions and other documents in their final form, and on
reports of qualified observers.
the use of force by the UN in order to end that secession. 24 The radical states, however,
approved of the secessionist movement led by Lumumba's successor in Stanleyville. 25
For those states, ideological considerations overshadowed the principle of respect
for the territorial integrity of states.
COMPETING ALLIANCES
In October 1960, a conference of French-speaking West African states took place at
Abidjan.OnlyGuineaandTogow ereabsent,whileMalisentanobs erver. Theconfer-
ence decided to try to facilitate direct negotiations between Algeria and France. It
recognized the right of Mauritania to separate existence, and supported Kasavubu
against Lumumba in the Congo. These twelve states met again at Brazzaville in
December 1960. After further deliberations the following March and September, the
African and Malagasy Union (UAM) was formed. It established the African and
Malagasy Organiz[.tion for Economic Cooperation (OAMCE), the African and
Malagasy Post and Telecommunications Union (UAMPT), Air Afrique, and the
African and Malagasy Defense Union (UAMD). 26
The creation of the UAM led to the formation of a radical alliance at Casablanca in
January 1961. Ghana, Guinea, and Mali sought to escape isolation in face of the
moderate alliance. Morocco, not really a radical, sought support for its claim to Mauri-
tania. At the same time, the Moroccan Government was under pressure from domestic
leftist opposition. Representatives from these states and from the Provisional Govern-
ment of the Algerian Republic and the UAR, as well as a Libyan minister and a Ceylon-
ese ambassador, attended the Casablanca Conference of non-aligned states. The
Conference supported Lumumba, announced that participants wculd withdraw
their troops from the UN command in the Congo, and enunciated its radical proposals
for African unity in a Casablanca Charter. 27
The moderate alliance was enlarged through efforts originally intended to coordi-
nate the Congo policies of all African states at a meeting held at Monrovia in May
1961, and not attended by Casablanca Group members. The Monrovia Group in-
cluded Ethiopia, Liberia, Libya, Nigeria, Sierra Leone, Somalia, Togo, and the
twelve UAM members. 28
Efforts to strengthen the Casablanca Group were impeded by strained relations
among the members. When President Olympio of Togo was assassinated in January
1963, Ghanaian interference was suspected, and Ghana was isolated, as was Morocco
by its persistent claim to Mauritania. Algeria attained independence in July 1962 and
lost interest in the alliance. The Casablanca Group had fallen apart by the time of the
Summit Conference at which the OAU was created; 29 at that conference, the moder-
ates were clearly in the majority.
including the Casablanca Charter, the Lagos Charter, a plan submitted by President
Nkrumah of Ghana, and a draft Charter prepared by the Ethiopian Government. 34
Thecommitteeencounteredgreatdifficultyin effecting a compromise among these
proposals. 35 The Casablanca Charter reflected an ideal of political union, and had
gone so far as to establish (on paper) a unified African High Command. 36 A more con-
servative policy was advocated by the Monrovia Group, which had adopted the Lagos
Charter in December 1962. 37 The Monrovia powers desired an African organization
that would provide a framework for cooperation based on the participation of sover-
eign states. 38 Indirect opposition to the Lagos Charter, President Nkrumah advocated
immediate political union. In his view, any delay in effecting political integration was
dangerous, since individual African states would be vulnerable to the machinations of
neo-colonialist powers. 39 The draft Charter presented by the Ethiopian Government
reflected the influence of the Organization of American States example and closely
resembled the Lagos Charter. 40
When the committee appointed by the Foreign Ministers failed to devise a formula
for reconciling these divergent views, the Foreign Ministers recommended that the
Heads of State and Government consider the Ethiopian draft Charter and postpone
the consideration of other proposals until a future conference of Foreign Ministers. 41
TheHeadsofStateand Government, however, were determined to approve a Charter
during the Sununit Conference. President Houphouet-Boigny of the Ivory Coast
expressed the feeling of most African leaders when he stated that all Africa was
waiting for a response to its expectations of unity. 42
Sensitive to the pressure of African and international opinion, the Heads of State
and Government appointed a Special Committee of Foreign Ministers to draft a com-
promise Charter. 43 The Charter of the new Organization of African Unity, signed
by thirty states on May 25, 1963, 44 resembles the Ethiopian draft. There was practi-
cally no support for President Nkrumah's plan. The address made by Emperor Haile
SelassieofEthiopiaadvocatinggradual union, permanent arrangements for the peace-
ful settlement of disputes, an African defense system based on joint military planning,
and cooperation with the United Nations, 45 was echoed by most of the delegates.
Thus the OAU Charter states that the purposes of the Organization are inter alia
"to promote the unity and solidarity of the African States" and "to defend their sover-
eignty, their territorial integrity, and independence." In order to achieve the purposes
of the Organization, "Member States shall coordinate and harmonize their general
policies . . .". 46 Coordination of general policy was to constitute the basic function
of the OAU, while unity remained the cherished, albeit remote, goal.
already in the Congo; (3) an appeal to the Congolese factions to effect national recon-
ciliation by establishing a Government of Union to maintain order and supervise free
elections; (4) the creation of an ad hoc committee, under the chairmanship of Premier
Kenyattaof Kenya, to assist Congolese leaders in achieving national reconciliation, to
bring about the resumption of normal relations between the Congo and neighboring
countries, and to advise the OAU on aid to be extended to the Congo; (5) the creation
of a committee to visit capitals of countries intervening in the Congo in order to ask
them to desist; (6) an appeal to Member States to refrain from undertaking any activity
which might aggravate the situation. 51
When Premier Tshombe objected to the provision that a committee mediate be-
tween the rebels and his regime under Point 4 of the above resolution, 52 it appeared
that the committee would have to confine itself to mediating between the Tshombe
regime and the Governments of Burundi and Omgo-Brazzaville, 53 a task which would
have been in keeping with the OAU Charter injunction regarding non-intervention in
the internal affairs of Member States. In fact, the OAU resolution departed from this
principle. By its appeal for the creation of a Congolese Government of Union, and by
the establishment of a committee to mediate between the rebels and the Tshombe
regime, the OAU had elevated the rebels to a position of near equality with the legiti-
mate Government of the Congo.
In the months following the OAU meeting of September 1964, the OAU became
the victim of internal dissension which threatened to destroy it. As soon became
apparent, the OAU resolution had gone unheeded by many Member States and the
Organization had become paralyzed in the face of a problem involving an East-West
confrontation. Some Member States actively aided the Congolese rebels. OAU com-
mittees were ineffective, and some African states called upon the United Nations
to intervene.
Certain African states had resolved to assist the Congolese rebels, at a secret confer-
ence held after the OAU meeting of September 1964. This conference had been
attended by the Heads of State and Government of Algeria, Congo-Brazzaville,
Ghana, Guinea, Kenya, Mali, Tanzania, and the UAR. They decided that the survival
of the Tshombe regime constituted a threat to revolutionary African regimes, since
a Congo led by Tshombe would become a base for counter-revolutionary plots di-
rected against their governments. They expressed the view that Western powers could
exert strong pressure on African regimes, thereby paralyzing the OAU in the Congo
situation. In case of such paralysis, the revolutionary statesmen planned military
intervention on behalf of the Congolese rebels. In early December 1964, after
the United States-Belgian rescue operation in Stanleyville, this intervention was
launched. Egyptian military experts and "advisors" left Cairo for an unknown desti-
nation in Africa. Algerian, Malian, Guinean, Ghanaian, and Sudanese officers set out
on the same route. Large shipments of arms were sped to the guerrilla forces in the
Congo. The governments of Congo-Brazzaville, Uganda, Tanzania, and Sudan al-
lowed their territories to be used for military preparations designed to aid the Congo-
lese rebels. All of these states were scornful of the OAU's decisions and adamant in
their opposition to countries such as Nigeria, which attempted to justify the United
States-Belgian rescue operation, viewed by many African states as overt military in-
tervention. 54
INTEREST ARTICULATION AND AGGREGATION 43
The OAU committees were notable for their lack of effectiveness. After one OAU
committee had obtained a promise from the United States Secretary of State that the
United States would not provide Tshombe with additional military materiel, the
committeemistakenlyfeltit could relax. The ad hoc mediation committee did not take
advantage of Tshombe's permission to travel freely in the Congo; radical African
states asserted that this hesitation favored the United States-Belgian operation in
Stanleyville, which had been launched while negotiations were still taking place in
Nairobi with the participation of Mr. Kenyatta, the Foreign Minister of the Congolese
rebel provisional government, and the United States Ambassador to Kenya. 55
That the Congo problem had split the ranks of Member States was further demon-
strated by verbal attacks levelled against the supposedly neutral figure of the OAU
Administrative Secretary-General during the first weeks of December 1964. Some
moderate African governments alleged that the Secretary-General, Mr. Diallo Telli
of Guinea, had abused his mandate by criticizing the Belgian-American rescue opera-
tion. These states asserted that Mr. Telli preferred to cooperate with certain states
such as Algeria, Ghana, Guinea, Mali, and the UAR, while he ignored all those he held
to be too closely associated with the West. Mr. Telli, they insisted, was nothing more
than the instrument of President Sekou Toure of Guinea. 56
TheOAUparalysis becamecleartotheworldwhenonNovember30, 1964 fourteen
African states (Sudan, Mali, Algeria, Kenya, UAR, Ethiopia, Tanzania, Guinea,
Ghana, Dahomey, O:mgo-Brazzaville, Somalia, Uganda, and Burundi) requested an
emergency meeting of the United Nations Security Council to consider the United
States-Belgian "military intervention" in the Congo, a move supported by the Soviet
Union. At the same time, the OAU mediation committee appealed for a conference of
African Heads of State and Government. 57
A Fourth Special Session of the OAU Council of Ministers was held in New York
from December 16-21, 1964. The weakness of the OAU atthis point is reflected in the
feeble Council resolution, which reaffirmed its earlier resolution on the Congo, ap-
pealed for a solution in an OAU framework, and asked the United Nations Security
Council to recommend an African solution and to cooperate with the OAU. 58
In the aftermath of the second Congo crisis, with its exposure of OAU weaknesses
and of the increased machinations of radical states, the old moderate alliance was
reconstituted in February 1965. The new Afro-Malagasy Common Organization
(OCAM) consisted of former UAM members: Cameroun, Central African Republic,
Chad, Congo-Brazzaville, Dahomey, Gabon, Ivory Coast, Malagasy Republic, Mauri-
tania, Niger, Senegal, Upper Volta, Rwanda (in UAMsince March 1963 ), and Togo (in
UAM since July 1963 ). Congo-Leopoldville was admitted to OCAM in May 1965, an
event responsible for Mauritania's departure from OCAM inJ uly 1965. 59 The OCAM
has not, however, functioned mainly as a political organization, but rather as an
economic and cultural association. Nor did radical states organize a formal political
alliance after the Congo debacle. 60
Tension between the two camps and among the radicals themselves nearly pre-
vented the OAU from holding its Second Assembly of Heads of State and Government
in Accra in October 1965. 61 Although the divisive Congo issue had disappeared when
Kasavubu replaced Tshombe shortly before the Accra meeting, 62 disputes between
radicals and moderates continued to plague the OAU.
44 REGIONAL INTERNATIONAL ORGANIZATIONS/STRUCTURES AND FUNCTIONS
1. That in view of the fact that little progress has been made in the liberation struggle during
the period from September 1968 to February 1969, that a review of the strategy of the
armed struggle should be effected. The Ad hoc Committee of Seventeen Military Experts
should therefore be ronvened to study ways and means of implementing such a strat-
egy ....
2. Since there is a necessity for Member States of OAU to associate themselves more closely
with the activities of the Liberation Committee, it would be appropriate that all members
of OAU attend the meetings of the Committee as observers without participating in the
debates. The Liberation Committee will reserve the right, in order to rontinue safeguard-
ing the secrecy of its work, not to circulate documents to tlwse Member States wlw have
diplomatic relations with Portugal and the regirrws ofPretoria and Salisbury ....
5. That the Administrative Secretary General in ronjunction with the Sub-Committee
appointed by the Advisory Committee on Budgetary matters should,
(I) Investigate the root-cause of non-contribution by Member States of Special Fund and
the reasons accounting for the loss of enthusiasm in the Liberation Committee. . .. 66
a) that all the liberation 17Wvements be required to form a common fighting front in order to
achieve an early and speedy victory over the forces of oppression and exploitation;
b) that no assistance be extended to liberation movements not recognized by OAU;
c) that more substantial aid be extended to the liberation movements materially, financially
and diplomatically;
d) that better use be made of the information media of OAU Member States, to promote
psychological warfare in the territories under foreign domination;
INTEREST ARTICULATION AND AGGREGATION 45
e) that a new and well-conceived diplomatic and political offensive be launched by OAU
Member States at all levels within international organizations to achieve the utlimate aim
of the liberation of Africa. 67
An OAU Bureau for Placement and Education of Refugees was established after
an October 1967 conference sponsored by the OAU, the UN, and the Dag Hamar-
skjold Foundation. The Bureau helps refugees in finding employment in their adop-
tive countries. In February 1969 the OAU O:lunciladoptedan OAU O:lnvention on the
treatment of refugees in Africa. The O:lnvention was approved by the OAU Assembly
in September 1969. 75 A O:luncil resolution adopted in August-September 1969 states
that the refugee problem cannot be solved by African countries alone, and asks for
increased assistance from international agencies, including the UN High O:lmmis-
sioner for Refugees. 76
In spite of the official determination of OAU responsibility toward refugees in
Africa, earlier discussions had revealed the deeper currents of friction over this issue.
In October 1965 the Assembly adopted a resolution which
. . . recalls that Member States have pledged themselves to prevent refugees living on their
territories from carrying out by any means whatsoever any acts harmful to the interests of other
states Members of the Organization of African Unity . . . . 77
A O:luncil resolution of September 1967 notes the heavy burden placed on states
receiving large numbers of refugees and expresses the hope that refugee problems
would not cause friction between states. The resolution urges Member States to
accede to the 1951 UN O:lnvention on the Status of Refugees as well as to the Protocol
of]anuary 1967, and to apply them to refugees in Africa. The resolution asks the OAU
committee on refugees to aid countries of origin and of asylum to find means of re-
turning refugees to their homelands in conditions of security. 78 Is there a means of
returning political refugees to their homelands to face hostile governments in condi-
tions of "security"?
The African labor movement. Prior to the creation of the OAU, the African labor
movement had split into two opposing unions, the "revolutionary" and "anti-imperi-
alist" All-African Trade Union Federation (AATUF) and the African Trade Union
O:lnfederation (ATUC). Several abortive attempts have been made to unite the two
unions under OAU auspices. 79
In March 1969 the eighth O:lnference of African Labor Ministers adopted a resolu-
tion expressing the hope that the African trade union movement would unite in the
near future. The two unions then agreed to meet toward the end of September 1969 to
create a Pan-African Trade Union free from non-African influences. 80 This writer can
find no evidence that such a Union has been formed.
An OAU O:luncil resolution, adopted in August-September 1969, authorizes the
OAU Secretary-General to strengthen the Secretariat of the O:lnference of African
Labor Ministers. It reminds Member States of the necessity to unify the efforts of
African representatives at the International Labor Organization (governments,
employers, and workers) for the defense of African interests in the ILO. 81
The Nigerian civil war. Inspiteof thenear-unanimityof OAU members on this issue,
ideological divisions arose in part because of non-African aid to Biafra and to the
Nigerian Federal Government. OAU resolutions urged the preservation of Nigerian
unity and strongly supported the Nigerian Federal Government. 82
INTEREST ARTICULATION AND AGGREGATION 47
Only four African states recognized Biafra. They were Gabon, Ivory Coast, Tan-
zania, and Zambia. 88 Communist China announced its support of Biafrain September
1968. 84 Most important to Biafra were the efforts of France and Portugal to under-
write the Biafran military effort. 85 Portugal used Sao Tome as a base for U.S., Rhode-
sian, and French aircraft carrying arms to Biafra. Relief supplies also passed through
Sao Tome. Portugal hoped to aggravate the Nigerian conflict and demonstrate its
thesis that a European presence is necessary to ensure peace in Africa. 86 It has been
reported that Israel and South Africa also aided Biafra. 87
In face of an initial British embargo on arms shipments to Nigeria, military aid for
the Federal Government arrived from the Soviet Union, Czechoslovakia, the UAR,
and Sudan. Britain eventually joined the latter in supplying arms to Nigeria. 88 After
the Biafran surrender in January 1970, the Nigerian Ambassador to Moscow stated
that Soviet assistance had ensured a Federal Government victory "more than any
th
oers ingletbing.... "89
Some African states chose to be more" anti-colonialist" than others in their support
for the Nigerian Federal Government. While ideological lines were blurred by the
Communist Chinese and Tanzanian support for Biafra, the threat to Nigeria, to the
rest of independent Africa, and to the liberation movements was underlined by
Portuguese, South African, ana Rhodesian efforts to aid Biafra. Moreover, the exis-
tence of a large united Nigeria was a source of pride to Africans. Algeria's President
Boumediene has stated that imperialists aimed "to disintegrate and shake to its
foundation the great African state, the unity andcohesionofwhichweareall proud." 90
of Labor was made a permanent part of the agenda of the OAU Economic and Social
Commission. The OAU coordinated Member States' policies toward the UN Confer-
ence on Trade and Development (UNCTAD). 94 The OAU is presently working on
means of establishing a program of intra-Mrican technical assistance. 95
The first Pan-African Cultural Festival, held in Algiers from July 21 to August 1,
1969, revealed the sincerity of OAU members' expressed desire to build cultural
bridges between Arab and Black Mrica. 96 The major theme of the Symposium on
African Culture was the concept of Africanity, largely formulated by Algerians. This
concept expresses the essence of Mrican unity in the shared experiences of a colonial
past and the current stresses of the modernization process. It prescribes the utilization
of African cultural values in the struggle for eoonomic development and political
liberation. 97
The OAU Charter reflects the actual concert pattem of African international
relations. 98 Within the OAU there is no state stronger than all the others which might
put teeth into Charter provisions and OAU decisions. 99 The only force binding Mem-
ber States is the opinion of other states. 100 The OAU cannot therefore interfere with
the activities of radical governments. The latter are able to enjoy the benefits of "unity"
while pursuing their own interests. The reverse is also true. The moderate states are
able to enjoy their majority status while defending the political status-quo and fore-
stalling the construction of supra-national political institutions.
The loose association of states in the OAU will remain the practical expression of
African unity for the foreseeable future. The OAU can exist as long as radicals and
moderates share basic commitments to African liberation, African unity, and eco-
nomic development. At the same time, as long as there remains an ideological schism
between radicals and moderates, supra-national political institutions cannot be con-
structed.
1 Only Ghana, Mora:oo, and Somalia have questioned officially the necessity of maintaining boundaries
inheritedfromtheoolonialera. See Saadia Touval, "The Organizationof African Unity and African Borders",
International Organization (Winter 1967), pp. 102-27.
• See I. William Zartman, International Relations in tlw New Africa (Englewood Cliffs, N.J.: Prentice-
Hall, lnc., 1966), pp. 59-81.
3 During 1969 the following governmental changes occurred: A military junta overthrew the Sudanese
Govemment.ln Libya a military junta overthrew the regime of King Idris I. 1n Ghana the military junta in
power since 1966 relinquished power to civilians. The President of Somalia was assassinated and an army-
police junta assumed power. The President of Dahomey was ousted in a military ooup. See Tlw New York
Times Ganuary 30, 1970}, p. 49.
4 ColinLegum, "WhatKindofRadicalismfor Africa?",ForeignAffairs, January 1965, 246; and W. Soott
Thompson, "New Directions in Ghana",AfricaReport (November 1966}, pp. 18, 19.
5 TlwNewYorkTimes,January17,1969, pp.1,6;andJanuary22, 1969,pp.1, 14.
6 See below, pp. 7, 8.
7 I. William Zartman, "Africa as a Subordinate State Systeminlnternational Relations",International Or-
ganization (Summer 1967), p. 563.
8 See I. William Zartman, "Nationallnterest and Ideology" in Vernon McKay (ed.), African Diplomacy
(N.Y., Washington, & London: Frederick A Praeger, 1966}, pp. 25-.54.
9 The New York Times, February 22, 1970, pp. 1, 14.
10 ZartmaninMcKay(ed.),A/ricanDiplomacy, pp. 46, 47.
11 For example, see David A. Kay, "The Impact of African States on the United Nations", International
Organization (Winter 1969), pp. 20-47.
12 Africa Report, N:ovember 1968, p. 21.
1• Kwane Nkrumah, Handbook of Revolutionary Warfare (New York: lnternational Publishers, 1969},
p.37.
INTEREST ARTICULATION AND AGGREGATION 49
SOCIALIZATION
Ronald lnglehart
Here is an exhaustive, yet concise, review of the current status of social and
political integrationwithintheareaoft he European Community. Dr. lnglehart
also contrasts his findings with those of Karl Deutsch and his associates, who
in the mid-1960's had predicted a slowing down and eventual stagnation of
European integration in the decade of the 1970's.
The tone of lnglehart's article is somewhat optimistic and is based in part
on a time-lag theory. In other words, the full potential of European integra-
tion may not be fulfilled until European youth and students, in particular,
reach positions of responsibility and leadership in the next two decades.
"European Integration has slowed down since the mid-50's, and has stopped or
reached a plateau since 1957-58. " 1 This is Karl Deutsch's first major conclusion in a
recent summary report of findings from a study which he and a number of colleagues
have been executing over the past few years. 2 The study appears to be one of the most
ambitious and interesting political research projects undertaken in recent years; its
findings should be widely useful. In reaching this conclusion, Deutsch's interpretation
is not merely that integration has stopped in the relatively narrow realm of formal
govemment decisions; on the contrary, he contends that the process has come to a halt
in the "European political environment" as a whole.
Deutsch bases his case on an analysis of trade flows and other transactions, content
analysis of the elite press, public opinion surveys and elite interviews. An examina-
tion of much the same data, in connection with a study of political socialization in
Western Europe, has led me to a radically different conclusion. Far from finding a
stagnation of integrative processes since 1958, I would argue that, in some respects,
European integration may have moved into full gear only since 1958. In this article I
will first present some new evidence concerning attitudes among the younger gener-
ationin The Netherlands, France, West Germany and Great Britain; I will then review
Deutsch's findings in this context.
"I wish to thank Samuel Barnes, M. Kent Jennings, Warren Miller and David Segal for their valuable
criticisms of an earlier draft of this article. I am also grateful to Karl Deutsch for generously giving access to
research reports from his study. The interpretations reached here are, of course, my own.
From: American Political Science Review, Vol. 61 (March 1967), pp. 91-105. Reprinted by permission
of the author and the Review.
52
SOCIALIZATION 53
we might expect to find differences between adults and youth in their orientations
toward European integration. To test this hypothesis, I made a secondary analysis of
two cross-national studies of adult attitudes, made in 1962 and 1963. I will compare
these data with material which I collected in 1964 and 1965 through surveys of the
school populations of France, The Netherlands, West Germany and England. 3 My
sampling technique consisted of selecting several schools in each country which were
considered representative of the important social and economic groups, on consul-
tation with educational authorities in the respective countries. Self-administered
questionnaires were given to all members of specific classes in these schools, under
the supervision of a teacher. 4 The questionnaires incorporated a number of items from
the two adult surveys just mentioned. The data indicate that a gap does exist between
adults and youth in relative degree of "Europeanness."
In response to the question, "To what extent are you in favor of, or opposed to, the
efforts being made to unify Europe?" adults compared with youth (ages 13-19) as
follows:
Among youth of the three European Community countries, this is about as near to a
unanimous verdict as one is likely to come in survey research. The response is over-
whelmingly favorable to European unification by a majority which swamps all differ-
ences of social class, sex, religion, etc. Among adults in these three countries, a sub-
stantial degree of hesitation exists, especially in France; it virtually vanishes among
the younger generation. English youth is far from unanimity, but does give a fairly
solid majori!f in support.
The foregoing question merely indicates support or opposition to European "unifi-
cation" as a general idea. Whathappenswhenwepinour respondents down to specific
measures? A series of questions was asked concerning concrete proposals for Euro-
pean integration. We find that the favorable percentage declines in every case; a
strong majority gives lip service, at least, to the general idea of "unification" but is less
emphatically in favor of given specific proposals. A factor analysis of our secondary
school data revealed that a number of these responses clustered together, evidently
indicating a "Europeanness" dimension. Using the four highest-loading items which
are common to both surveys, let uscomparethe responses of youth with those of adults
in 1963 (Tables 2 and 3).
The Netherlands (in which the adult population already displayed a relatively high
level of support for European integration) shows a relatively small age group differ-
ence; but over the four measures, our samples of French and German youth show
pronounced increases in Europeanness relative to the adults in those countries.
English youth lag behind here, as in our other comparison, although there is an
indication of some increase in Europeanness relative to the adult population of
54 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
1. "Abolish Tariffs?"
Adults 79% 72% 71% 70%
Youth 87 83 89 74
2. "Free Movement of Labor and Businesses?"
Adults 76 57 64 52
Youth 64 65 75 65
3. "Common Foreign Policy"
Adults 67 50 60 41
Youth 80 71 74 56
4. "Use Our Taxes to Aid Poorer European Countries?"
Adults 70 43 52 63
Youth 82 68 72 57
Britain. 7 Striking as these generational differences are, they become even more
interesting when we break down the adult responses according to age group:
In the Netherlands, the most notable feature of this pattern is its stability among dif-
ferent age groups. Dutch youth are more European than the oldest adult group (55
and over), but the difference is one of only 7 percentage points: an average of 77 per
cent "For" among the teenagers, as compared with 70 percent among the oldest group.
The gap between the "55 and over" Germans and the teen-age Germans is much
larger: fully 26 percentage points separate the two groups, building from a base of
52 per cent. This seems to confirm other findings of striking differences among age
groups reported for that country. One hears less talk of a "generations conflict" in
France, yet in regard to the European issue, my data indicate that among the French
SOCIALIZATION 55
While Deutsch refers to the relatively nationalistic group as "the generation of the
1930's and World War II," they might also be described as "the generation of World
War I": in their fifties in 1964 (the time of the interviews), the Great War was prob-
ably felt as the important event of their childhood. They were 4 to 14 years old at the
War's end. The next younger group was unaware of the war, while most of the older
group had already passed through their most important years of political socialization
by that time.
Moving down the age group tables, we notice little further increase in Europeanness
among the adult population. This would be surprising if we were to work on the as-
sumption that younger people are naturally more open to new ideas (a favorite
assumption of intuitive life-cycle interpretations). Again we would attribute this
peculiarity to the psychological residue of a major event-in this case, World War II.
The median year of birth of the youngest adult group is 1938: By 1945, its members
were 3 to 11 years old, and had experienced blitz, occupation, and devastation during
the most impressionable years of life. The "European" atmosphere of the post-war
years should also have made a relatively great impact on this youngest adult group-
but apparently not enough to make them significantly more European than the older
adult groups.
Except for the oldest group, none of the age groups discussed so far is a "pure" cate-
gory from the standpoint of historical experiences. To some extent they overlap, con-
taining individuals who were socialized during periods which we would consider
optimal (from the standpoint of developing Europeanness) as well as individuals who
were exposed to powerful negative influences during the years of childhood and early
youth. The youngest group of all (those in the 16-19 year old category) do constitute
a "pure" group in this sense. All of these individuals were hom in 1945 or later; they
have gained their first political perceptions in a world where European organization
seems natural and right, and nationalism seems archaic and dangerous. It is among this
youngest group that we find (as we did with the oldest group) a relatively great discon-
tinuityfromthelevelofEuropeannessoftheadjacentgroup. This discontinuity is most
marked in France and Germany; it exists also in TheNetherlands; but it is very slight
in England. The latter finding may be highly significant. I conclude that at least two
elements are necessary for the establishment of a strong sense of Europeanness:
1. The absence of divisive memories (but this is not enough in itself).
2. A sense of positive participation in substantial common activities. Britain has
not participated in the institutions of the European Community. Youth in the other
threecountries,however,havegrownupwithsomeawarenessofa commonendeavor,
and this may explain, at least in part, their greater degree of backing for European
integration measures.
between certain distinctive aspects of the attitudes of a given age cohort and the period
in which the group received its early socialization. The central element in this hy-
pothesis is something which we might call "structural inertia" in concept formation.
Taking this view, we would regard the socialization process as one in which percep-
tions become ordered into increasingly complex conceptual structures. Only a few of
the infant's earliest perceptions-those related to basic needs- will give rise to sub-
jectively important symbols. Most other stimuli will be disregarded as "noise." Sub-
sequent perceptions which are regularly associated with these symbols may take on a
derivative importance; these will tend to become relatively permanent, to the extent
that a relatively large number of perceptions are associated together around a given
basic symbol. To change a central part of the system would require a disassembly and
reintegration of the whole structure. Accordingly, adult learning has been contrasted
with infant learning as the "recombination of a smaller number of larger subassem-
blies of memories or habits .... " 10 When one has reached adulthood, only a very
important event, making a deep and continuing impact on the individual's life, would
justify the cost of such a conceptual reorganization.
My expectation on the basis of this hypothesis is that the full impact of the post-war
European movement hasnotyetmanifesteditself among the adult population. I would
anticipate a time lag between certain types of major political outputs and the resulting
feedback into the political system, because of the gap in time between the early
political socialization of individuals, 11 and the point at which they become politically
relevant. We might diagram the basis of this time lag as shown in Figure 1.
A major event (war, or the establishment of new political institutions let us say) oc-
curs at time X -during the adult years of generation "1 ," bringing about a relatively
superficial attitudinal change in that generation. It has occurred during the late child-
hood of generation "2" and influences the basic political orientation of that age group.
Its political feedback, however,maynot be felt until time Y, when that generation "sur-
faces" into political relevance. (This point is arbitrarily indicated as age 21). Such a
time-lag effect would only be expected to operate in connection with relatively early-
established and persisting aspects of political socialization. Provisionally, I interpret
these data on development of a sense of European political identity according to this
model. 12
It is, of course, impossible to predict with certainty what attitudes a given age group
will express in a decade or two. My interpretation would be far more convincing if I
were able to support it with longitudinal data based on national probability samples
made at several different points in time. This is a goal forfurther research. On the basis
of the evidence we have examined, however, we might infer tentatively that the
younger generation has a stronger tendency to support the concept of a federal Europe
than do older age groups in these countries. The Europeanness of the youth samples
presumably represents a basic orientation, rather than a re-orientation in conformity
with current experience.
~
m
:IJ
z
~
0
z
)>
~
w r
~ 0
;::: :IJ
~ ~
z
t!l
<
~
0
z
(/)
-.....
~
:IJ
c
OL-----~~--r----L~----+-~--.-~~,------r-----r----~----~ ~
c
1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 :IJ
m
(/)
CALENDAR TIME )>
z
0
FIG. 1. Time lag and attitude development "'Tl
c
z
~
0
z
(/)
SOCIALIZATION 59
All these factors have distinguished the early socialization of European youth from
thatoftheoldergenerations. Moreover, theycontinuetooperate; we might well argue
thattheirimpactislikelytoincrease rather than disappear as the current crop of youth
grows older. These do not appear to be transient stimuli, felt only at a certain stage of
life, but persisting factors. Although they probably reach their greatest degree of
effectiveness in orienting (presumably malleable) children, they may also have some
effect in resocializing adults in the same direction. The fact that adult age cohorts
appear to have become somewhat more European during their mature years suggests
60 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
that one might reverse the question about decay, and ask "How much more European
are these younger people likely to become by the time they are 30 or 40 years old?"
By their very nature, our data cannot give a conclusive answer to this question (or its
reverse).Itwould be rash, however, to flatly assume that a decay in Europeanness will
take place.
As we see, support for European integration fluctuates from year to year, even from
month to month. Are we justified in attributing variations in Europeanness among
different age groups to the effect of events which took place as much as 50 years ago?
Despite the manifest fluctuation, there is a certain underlying stability. Although
varying proportions of the population favored "efforts toward unifying Europe" at
varying times, in every case the German adults gave the highest level of favorable
response among these countries; and in five of the six cases where comparative data
are available, the British adults ranked second. 16 The levels of support for European
unity rise and fall simultaneously in the three countries-perhaps in response to im-
portant events in the international environment.
There is also a degree of consistencyinresponsepattemswhen we break them down
according to social categories within these countries. In nearly every case, the upper
socio-economic groups give a stronger favorable response than do the lower groups. 17
Moreover the adherents of certain political parties have consistently been more favor-
able to uniting Europe than those of other parties. Although the overall level of support
rises and falls, the same social groups (and, I infer, the same individuals) tend to be
relatively strong orrelativelyweak in support for European unification. Certain major
events come to mind as plausible causes of this rise and fall: I will make a few conjec-
tures about them.
The first two polls in the above series were made in 1952 and 1954-immediately
after the Korean War, formation of the ECSC and during the efforts to form a Euro-
pean Defense Community. There was, probably, a sense of common danger, and a
SOCIALIZATION 61
feeling that European unification was moving ahead successfully. Optimism about
the imminence of European unification seems to be associated with expressions of
support for European unification. 18 The collapse of the EDC project (and perhaps a
diminishing sense of military danger) had the converse effect -leading a decline in
pro-European sentiment in 1955 and early 1956. 19 Subsequent rises in the level of
sentiment supporting European unification might be associated with the impact of
the Hungarian revolt and the Suez invasion in late 1956; and with a generally opti-
misticclimatecreated by the establishment and rapid implementation of the Common
Market, by 1962.
The question about "efforts toward unifying Europe" was not asked in the 1963
cross-national survey of adults, but there are strong indications that de Gaulle's veto
of British admission to the Common Market dispelled the mood of high expectations,
bringing a period of relative pessimism which perhaps persists today. One piece of
evidence consists in the factthatthere was a sharp drop in levels of support for the four
key European integration proposals discussed earlier in this paper. Average levels of
support for the four measures declined as follows:
Between January, 1961 and December, 1965, the percentage of Germans who "ex-
pect some day to see the countries of Europe united to constitute a United States of
Europe" dropped from 36 per cent to 29 per cent. This decline in optimism was es-
pecially marked among people over 45 years of age. 20 Moreover, despite the prover-
bial optimism of youth, the young people in our samples are much less likely to view
European unification as something which will beattainedin the near future than were
adults in the 1962 samples. In response to the question "Do you believe that Europe
willbecomeunified? ... IfYES,inhowlongaperiodoftime?"thefollowingresponses
were obtained:
Adults(1962) 57% 43 51 49 42 58
Young (1964-65) 82 18 83 17 78 22
62 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
The adults were about evenly split (in 1962) between those who saw European unifi-
cation as something quite close at hand, and those who felt it would come only in the
remote future or never. About four-fifths of the youth in all three countries saw it as
something relatively remote (and the stalemate which existed in European politics
at the time of their responses made their position seem fairly realistic). We believe
that this factor probably acted to deflate the level of support for European integration
expressed by the younger people in 1964-65. Nevertheless, despite an apparent
realization that European unification had bogged down, the youth in our samples
gave a relatively strong measure of support for "European" proposals. This shows up
even when we compare their responses in 1964-65 with the adult responses from
1962. 21 Basing our comparison on the same four key proposals described earlier in
this paper, average levels of support were as follows:
In this comparison, the youth in our Dutch sample are actually slightly less European
than the adults; I attribute this to a reaction to the veto of British admission (and other
lesser events) which intervened between the times when the two surveys were taken.
In the other two comparisons, the younger generation is substantially more European
than the adult age groups, despite the fact that the outlook in 1964 was decidedly less
auspicious than it had been in 1962.
age of the European integration question by the mass media, and almost certainly
increased public interest in the topic. Viewed in this context, the rather large increase
in the percentage not answering (which would normally seem paradoxical) makes
sense: Apparently a number of new converts had been made to the European cause
during the course of the negotiations. They were recruited largely from among the
previously uninformed -and were the least stable adherents.
The veto of British admission on January 14, 1963 suddenly made the outlook for
the cause seem bleak. Reacting to this, many of those who had been "for" Europe
were apparently jolted off the bandwagon (especially the newer converts, I hypothe-
size). They were discouraged, but they did not go so far as to register an opinion
against European integration, however. Instead, they abstained from answering.
This is reflected in the substantial and consistent increase in "no answer" responses
in each country. By abstaining, these individuals avoided the psychic pain of acknowl-
edging that they were "for" what appeared to be a losing cause.
In which countries was the shock most keenly felt? Expressed as a percentage of
those originally "for" each measure, the average decline for the respective nations
was: Germany, 15.0 per cent; Belgium, 13.6 per cent; The Netherlands, 10.4 per
cent; France,6.2 percent; andltaly,5.1 percent. In the 1962 survey, the most Euro-
pean country was The Netherlands, followed closely by Belgium and Germany, with
France and Italy lagging behind. To an extent, the most European countries suffered
the greatest decline from one survey to the next (which I will refer to as "fall-out").
We might explain this phenomenon as follows: A large share of the population of
anynationismoreor less apolitical; theconsensusfavorableto a given measure in such
a country will therefore contain a higher proportion of £air-weather friends, who have
been only faintly interested in the measure, but indicate that they favor it because
it is perceived as widely accepted. If 90 per cent of the population of a country ex-
presses itself as favorable to a given proposition, we may be sure that a good share of
them- perhaps 20 per cent or 30 per cent of those favorable- have only the vaguest
attachment to the measure.
In this connection, we may note that the French level of support was already rela-
tively low in 1962, apparently fairly near a level where only persons with some
genuine conviction would express themselves as favorable to a given proposal for inte-
gration. France was thus less vulnerable to a decline in support, as a result of a dis-
couraging event, because sufficient opposition was being voiced within the political
culture so that apoliticals were less sure which was the "proper" response. 22
But when we look at the data more closely, we find that the relative attrition is not
simply due to having had a comparatively large proportion of the population giving
nominal support; some persisting element of a nation's political culture seems to be
equally important. For we find a relative stability in The Netherlands (the most Euro-
pean country in 1962) as compared with Germany. In 1963, the latter country had
dropped sharply, to a level below France, although still ahead of Italy. 23 By contrast,
Holland was still clearly in the lead after the veto. While she did experience consider-
able decline, it was substantially less than that in Germany. I hypothesized that "fall-
out" is caused chiefly by defection of the bandwagon riders; but this group may contain
two types of individuals: those whose commitment to a given position is relatively
64 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
superficial because they are weakly involved politically; and those whose conunit-
mentis unstable because they are expressing agreement with a popular or fashionable
trend without its being in harmony with the outlook instilled in their primary political
socialization.
Our previous analysis has pointed to The Netherlands as an example of stable inter-
nationalism, over the three generations for which we have data. Internationalism has
deeper historical roots there than among her neighbors. 24 Non-participation in World
Warl may be an additional factor which would help to maintain a relatively even pat-
tern among the Dutch adult age groups. This may explain the relatively small degree
of"fall-out" in The Netherlands, despite the fact that disappointment there must have
been especially sharp in reaction to de Gaulle's veto: Holland was the country which
was most keenly in favor of British admission, among the Six. 25
The relative importance of "fall-out" is greater in Germany. Apparently the Ger-
man consensus favoring Europe was a particularly vulnerable one, containing a rela-
tively large proportion of persons who were expressing internationalistic views which
were not in harmony with their primary attitudes.
To check thevalidityofthisinterpretation, let us examine the responses of different
age groups within these countries, and the degree to which they shifted from 1962 to
1963. This age-group analysis so far has suggested that the adults who received their
primary political socialization in the interwar period, and the youth socialized after
World War II, are relatively strongly European. According to my interpretation, it is
these age groups which have underlying concepts of nationality which are most nearly
akin to the currently-expressed Europeanism. I would predict, therefore, that these
age groups should show the least "fall-out." 26
Let me point out that a normal expectation would be that the older group would
show less "fall-out" from one year to the next: (1) They would be expected to have a
relatively inflexible mentality; (2) They have held their opinions longer, and should
be relatively "immunized" to change. 27 My prediction, however, is to the contrary:
I hypothesize that the older group has a more nationalistic basic concept of political
identity, and that these individuals are consequently more vulnerable to change as
the result of a blow to a bandwagon mentality.
A comparison of relative rates of "fall-out" indicates that there is very little differ-
ence between the older and the younger groups in The Netherlands-once again
reflecting her history of a relative internationalism over the past three generations.
Since both groups had about the same inner orientation, Dutchmen of 40 and over
suffered just about the same degree of set-back as did the younger Dutch adults. On
the other hand, the older Frenchmen and Germans suffered a substantially greater
degree of "fall-out" than did their younger compatriots. This suggests that they exper-
ienced a greater degree of dissonance between expressed and inner orientation than
did the younger group.
Note that the younger German group is more stable in its Europeanism than the
younger Dutch group: Evidently nationalism in Germany exists mainly among those
aged forty and over. 28
This ~alysis suggests that the younger adults (particularly in France and Germany)
have a more stable conunitment to European integration than do the older adults.
SOCIALIZATION 65
TABLE 9. "Fall-out" from 1962 to 1963 by age group, four key measures
NETHERLANDS FRANCE GERMANY
2(}-39 40+ 2o-39 40+ 2o-39 40+
Despite the fact that (under favorable conditions) both groups may express approxi-
mately the same level of support for "European" proposals, there appear to be fewer
bandwagon-riders among the younger group. I attribute this phenomenon to differ-
ences in the early socialization of the different age categories.
ling. 32 When he shifts the analogy to other spheres, however, his conclusions become
dubious, particularly where the psychological dimension of the transaction is crucial.
Deutsch states, "The absolute increases after 1958 in trade, travel, postal correspon-
dence and the exchange of students are accountable for from the effects of prosperity
and the general increase in the levels of these activities. There have been no increases
in integration in regard to all these transactions beyond what one would expect from
mere random probability and the increase in prosperity in the countries concemed." 33
Does the fact that these changes have been accompanied by rising prosperity mean
that "integration" has not been taking place?34 I would argue that the chief signifi-
cance of these trends lies not in the extent to which they have produced "structural
integration" in the sense in which Deutsch defines it, but in the degree to which they
reshape the political aspirations of the major groups in the society. For example, are we
toregardanincreasein the number of students being educated abroad as offset by the
fact that there has been an increase in higher education within these countries? On
the contrary, there is every reason to believe that both tendencies are contributing
to the process of European integration. Virtually every opinion survey from which
data are available indicates that a relatively high level of education is associated with
a stronger degree of support for European unification. 35 Assume that we were able
to demonstrate that increases in the exchange of students and in higher education
generally bothencouragethedevelopmentof a sense of European citizenship; assume
also that these increases in educational activities can be attributed entirely to rising
prosperity. We would then have demonstrated the (unsurprising) point that prosperity
encourages political integration; we would not have shown that integration is not
taking place.
Similarly, let us assume that travel in other EEC countries makes an individual
more favorable to European integration; is this effect nullified by travel in other
places?Theabsoluteincreaseinexchangeoftourists amongEEC countries since 1958
has been very sizable; the influx of EEC tourists in 1963 compares with that in 1958
as follows: Italy, 176 per cent; France, 348 per cent; Germany 139 per cent; Belgium-
Luxemburg, 138 per cent; The Netherlands, 146 per cent. 36 There are indications
that this trend is strongly favorable to the process of European integration. 37 In 1963,
over six million German tourists visited Italy (equal to the total influx of tourists into
the United States from all nations that year), a figure which represents one out of every
nine Germans. At the same time, there were about three million visitors from France,
a million from The Netherlands, two-thirds of a million from Belgium. To be sure, the
rate of increase has levelled off in recent years. But this may be because the process
is reaching a saturation point. Overall, in 1963, and again in 1964, about one out of
every twelve citizens from her EEC partner countries visited Italy. This is comparable
to the proportion of Americans who visit Florida in a given year. 38
It is also true that rates of travel to countries outside the European Community have
increased markedly since 1958; presumably this should act to encourage integration
with those countries as well. But there is no reason to assume that an increase in
"Europeanness" can come about only through a relative exclusiveness vis-a-vis the
outside world. Conceivably, the two might increase concomitantly. In fact, as we shall
see presently, this seems to be the case.
SOCIALIZATION 67
The tendency for partisans of European federation to favor world government was
generally weaker, but consistently positive:
If this is true, the relevant question is whether two given countries are in fact coming
to trust each other and agree with each other to a greater extent as time passes. The
existence of relatively high levels of trust for the United States is certainly interesting
but it does not diminish the significance of the increasing levels of trust and agreement
on European unification between France and Germany.
Deutsch's second reason for discounting the foregoing evidence is that elites in
France and Germany show different levels of support for NATO and arms control
proposals. But the process of integration implies a continuing convergence-not
necessarily that the integrating partners have reached the same absolute level at a
given time.
The third point which Deutsch cites centers on the decline of interest in NATO and
in arms control proposals-by governments, in the press, and among the general
public. In view of the decline of a sense of threat of Russian invasion, this change in
attitude is perfectly comprehensible: The problem is less interesting because it seems
less important. In the early 1950's, European "unification" was largely manifested in
NATO, amilitaryresponse to a military threat. Today it connotes economic and social
integration to a much greater extent, as exemplified by the European Community.
Deutsch's elite interview data indicate that at present support for European integra-
tion is not dependent on a sense of military threat. 44 Nevertheless, he uses evidence
of declining interest in military matters to support his contention that European in-
tegration has come to a stop. One might hazard the guess that Deutsch's conclusion
may have been unduly influenced by the study of top-level decision-making. It is at
precisely this level that European integrative activity has been most effectively
blocked since 1958 (but even here one cannot overlook such important bits of progress
as the agreement to unify the three European Community executive bodies, and the
agreement on a common agricultural policy). In broader spheres of European society,
I would argue, the process of integration has been going on.
At least a limited amount of reorientation in favor of "Europe" seems to have taken
place among the adult population since 1958. But perhaps more important are the
changes which seem to characterize the outlook of the generation which has been
undergoing formation since the end of World War II, and especially since the creation
of the European communities. There are indications that their Europeanness is more
stable than that of older-age cohorts, and it seems to persist even under rather adverse
conditions. I would argue that this is true because, for them, a European outlook is not
a superficial reorientation, but reflects their earliest political perceptions. Before
the end of the 1970's, a majority of the voting population in the Common Market conn-
SOCIALIZATION 69
tries will consist of people who entered primary school after World War II. It is not
inconceivable that the entry into political relevance of new elements will tend to
further change the political environment in important ways.
All of the foregoing calls into question the projections which have been made con-
cerning the likelihood offurtherprogress toward erecting the institutional framework
for a United States of Europe. At this level, I agree, there has been relatively little
progress in the last several years. But there are, after all, certain blocking factors which
currently act to prevent much change in this sphere- the most important being the
attitude of the present French government. 45 It is dubious whether de Gaulle will
remain in power much beyond 1970. Deutsch's evidence indicates that French elites
on thewholeareagood deal more favorable to European integration than is de Gaulle
himself; 46 it therefore seems quite conceivable that with the passing of tl1e General
from supreme power, they may be considerably more responsive to the pressures for
European political unification than he himself has been'~~'
"Editor's Note: lnglehart has correctly predicted the post-De Gaulle French Government's attitude
toward British entry into the market and integration in general. At the present time there are negotiations
aimed at admitting Great Britain, the Republic of Ireland, Norway and Denmark.
1 "Integration and Arms Control in the European Political Environment," Amenean Political Science
Review, vol. 60 (1966), p. 355. Deutsch's collaborators are listed in a footnote on p. 354. The same footnote
indicates that fuller versions of the findings will be published in two forthCOilling books.
2 Deutsch does not seem to be alone in t:akimz this general view. Sen. Frank Church suggests that "Euro-
pean sentiment may have shifted toward a different arrangement, that what might have been achieved in
the vision of such men as Jean Monnet when Europe lay prostrate after the war may no longer represent
a practical possibility," see"U.S. Policy and the New Euorpe," Foreign Affairs, 45 (1966),p. 52.
• The data collection was supported by a Fulbright grant, with additional aid from the Dutch Ministry of
Education. The analysis has been supported by a National Science Foundation Cooperative Fellowship.
• Total numbers of questionnaires obtained are as follows: France: 700; The Netherlands: 3,100; West
Germany: 700; England: 500. Each social type is not included in proportion to its occurrence in the overall
population. In order to correct for this fact, I will base my comparisons on samples which are weighted to
compensate for the relative shortage of working-class students. I weighted our SES groups according to the
proportions of manual to non-manual occupations indicated in the adult surveys (approx. 2:1). My esti-
mates, therefore, can only be regarded as a spot check on the overall distribution of attitudes. I resorted to
this approach because funds did not permit obtaining a probability sample, and no alternative data were
available. In a more extensive analysis, I examine other factors which seem to influence support for Euro-
pean integration, and attempt to control for them also. See Ronald lnglehart, The Socialization of "Euro-
peans·: unpublished Ph.D. dissertation, University of Chicago, 1967.
'In the three most recent surveys in which this question was asked of British adults (1955, 56, and 57)
the percentage favorable ranged from 64 per cent to 66 per cent.
6 Normalized according to the Effectiveness Index described by Carl I. Hovland et. al. "A Baseline for
Measurement of Percentage Change" in Paul F. Lazarsfeld and Morris Rosenberg, The language of Social
Research(Glencoe, 1955), pp. 77-82.
7 Does this imply that youth is more cosmopolitan than adults as a general rule? Not necessarily. The
example of the Hitler youth might be cited as an indication that the reverse relationship is also possible. My
interpretation is simply that, because of the specific influences present in their early socialization, this
particularcropofyouthhas beenorientedinamore European and less nationalistic direction than preceding
age cohorts.
8 See, for example, Jean Piaget, "Le developpement chez I'enfant de !'idee de patrie et de relations avec
l'etranger," Bulletin International de Science Sociale, UNESCO, 1961, pp. 3, 605, 621. Piaget concludes
that the conceptofnationalityisfullydevelopedbyage 14. Cf. Robert Hess, Judith Torney and David Jack-
son, TheDevelopmentofBasicAttitudesand Values Toward Government, Part I(Chicago, 1965), p. 380;
and Gustav Jahoda, "Children's Ideas about Country and Nationality" British Journal of Educational Psy-
chology, June 1963.
"Deutsch, "Arms Control," op. cit., p. 358.
10 D. 0. Hebb,citedinKarlDeutsch, TheNervesofGovernment(NewYork, 1963), p.166.
11 That is, the socialization which takes place in childhood and youth.
12 The concept also seems useful for interpreting political activity in other areas-notably Red China.
Peking's recent mobilization of teen-agers to enforce conformity on the part of their elders may be linked
70 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
it was, in a sense "their" veto; it was the French who were keeping the British out, and who could, perhaps,
reverse themselves. To the Germans and Dutch, on the other hand, there may have been a greater sense of
helplessness. Ameasure they strongly favored had been defeated by a man over whom they had no political
control.
23 The Italian case is somewhat special. This cotmtry had a considerably lower level of political information
than did any of the other EEC countries. A rather large "non-mobilized" segment of the Italian population
had never pronounced itself as favorable to these measures in the first place, and hence did not fall away
from supporting them in the face of the veto. Germany continues to rank ahead of France on the most im-
portant European measures in 1963, however (i.e., those loading highest on the Europeanness factor). We
eliminate Luxemburg from this analysis because of the small sample size for that country.
24 She has, for example, favored a free-trade policy ever since the end of the Napoleonic Wars; her interest
in international law dates back to Grotius, and was recognized (and perhaps strengthened) by the location
of the World Court in The Hague.
25 This was trueofpublicopinion, as well as of official Dutch policy. Indeed, an absolute majority of Dutch
adults polled innnediately after the veto said they would prefer a Common Market with Britain but without
France,ifitwerenecessarytochoose. See Sondages, #1, 1963,p.l08.
26 I select this28 per cent of respondents from this age group at random, since there is no finer age-identifi-
cation available. To the extent that the predicted age-group differences hold true within this 15-year age
group, this method will result in underestimating the age-group contrasts-for I will be including a certain
number of cases which dilute the differences between the younger and older halves. This is a fairly close ap-
proximation torecodingaccordingtoconsistent (and more usable) age groups -and despite its imperfection,
a fairly striking set of age-group contrasts does result.
27 See The American Voter, op. cit., pp. 161££.
28 This holds true of the younger French group as well; as indicated in the foregoing pages, the situation
in that country is not quite comparable with the Dutch and German cases in relation to the veto of British
admission.
29 EEC Statistical Office, Foreign Trade Monthly Statistics, No. 4, Brussels, 1962, p. 9. This was a con-
siderably higher rate of increase than obtained in the four years preceding 1958, See Economisehe Stati-
stische Bericht, Rotterdam, Jan. 16, 1964.
30 OECD General Statistics 1958-62 (Paris, 1963).
31 V.S.DepartmentofCommerce,HistoricalStatisticsofthe U.S. (Washington, D.C., 1960), pp. 550,552.
32 As presently constructed, the "index of relative acceptability" of foreign trade may reflect a general
tendencyforforeign trade to decline in proportion to GNP, as nations become highly industrialized. A primi-
tive extractive economy, sellingafewplantationcropsorrawmaterials abroad and importing nearly all man-
ufactured items, will be relatively dependent on foreign trade; a large and advanced industrial economy
may be less so. As indicated by the American record, isolationism can accompany the early stage, and in-
ternationalism the latter stage. This is not accidental: America's high degree of involvement in world affairs
at the present time is not weakened by her high domestic productivity -on the contrary, to a large extent,
it is made possible by it.
33 Op. cit., p. 355.
34 Political "integration" has beendefinedastheattainment within a territory of a "sense of community"-
a belief that common social problems must and can be resolved by a process of "peaceful change"; and of
institutions and practices strong enough and widespread enough to assure, for a "long" time, dependable
expectations of "peaceful change" among its population. Karl Deutsch et al., Political Community and the
North Atlantic Area, Princeton, 1957, p. 5.
35 See, for example, Galluplntemationai,L'Opinion publiqueet l'Europe des Six (Paris, 1962), pp. 29-32.
36 Calculated from OECD, Tourism in Member Countries, 1965 (Paris, 1965); and OECD, Tourism in
Europe, 1959 (Paris, 1959).
37 SeeSondages(1963),#1,p. 38; cf. Inglehart, op. cit., Ch. 8.
38 About one in fourteen out-<Jf-state Americans visited Florida in 1961. See Florida Council on Econoruic
Development, Statistical Abstract of Florida (Tallahassee, 1962), p. 90.
39 See his definition, footnote 34.
40 Deutsch, "Integration and Arms Control," op. cit., p. 357.
41 Ibid., p. 357.
42 See, for example, Declaration of the Action Comruittee for a United States of Europe, June 1962.
43 See Ronald Inglehart, op. cit., Ch. 3. I use Yule's Q as a measure of association. Figures are for ruiddle-
class youth only.
44 See Deutsch, "Integration and Arms Control," op. cit., p. 361.
45 Leon Lindberg goes so far as to argue that de Gaulle's boycott oftheEECin1965-66 does not even repre-
sentanattempttohalttheprocessofintegration;itis,rather, a struggle over the form and content of decision-
making procedures among actors who accept the European Community system. He presents persuasive
evidence that the Common Market has developed such powerful support among econoruic elite groups that
it is now irreversible -and recognized as such by de Gaulle. If Lindberg is correct, this is a highly significant
development -and one which, necessarily, must have taken place since 1958. See Leon Lindberg, "Integra-
72 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
tion as a Source of Stress on the European Commwrity System," International Organization, vol. 30 (1966),
pp. 233-266.
•• A plurality of them favor supranational European integration (Deutsch, "Arms Control," op. cit., p.
358); 72 per cent of French leaders agree that the military security of their country rests upon the deterrent
force of the Urrited States and "the idea of a national deterrent is unpopular among the elites in France, where
it is official government policy." (Ibid., p. 363.) Finally, "a large majority of French leaders (63 per cent)
agree thatBritainoughtto he included in an integrated Europe." (Ibid., p. 360.)
Werner Levi
This selection attacks the problem of socialization from still another angle.
There has been a notable lack of development of regionalism in Southeast
Asia, even when compared with the minimal developments in Africa and the
Arabstatesofthe Middle East. Levi's review of the problem suggests that one
keyfactor, ifnotthekeyfactor, in this lack of integrative behavior is the failure
of a common identity to emerge among the diverse peoples of Southeast
Asia. Levi documents the numerous appeals to cultural and political unity
since the early 1950's and the underlying ethnic cleavages that have made
this unity impossible to achieve. His discussion ends with an analysis of the
formation of the Association of Southeast Asian Nations (ASEAN). Although
Levi concludes that the organization was born out of defense considerations,
he suggests the possible emergence of a "novel synthesis of nationalism and
Asian ism" in the region. What are some implications of this development, if
indeed it isoccurri ng, for international pol itics?The five members (Indonesia,
the Philippines, Thailand, Malaysia and Singapore) occupy slightly different
positions vis-8.-vis the Western Bloc of the Cold War. Indonesia, Malaysia,
andSingaporeareneutralist, with pro-Western leanings. The Philippines and
Thailand are members of SEATO. Although the organization may be charac-
terized as moderately pro-Western, does the association of these particular
states imply a more independent course of action for Southeast Asian states
in the diplomacy of the Cold War? The organization may also be evidence of a
reconciliation between the Philippines, Indonesia and Malaysia, which have
been split by irredentist demands upon each other over the last few years.
One last point of theoretical interest should be mentioned. Levi cites, with
some degree of approval, the notion that national identification will likely
precede regional identification. Does this mean thatthe process of socializa-
tion is a step-by-step operation? I see two implications here. First, at the level
of mass publicopinion, international regional identification is too remote from
the tribal Iives of the people to be reached without passing through the more
cognitively immediate stage of national identification first. Second, elite
groups must resolve their own differences before coherent national policies
and goals wi II emerge which will permitthatstateto pursue rational objectives
at the regional level. Therefore, does the development of ASEAN indicate
theattainmentofasignificantdegree of national cohesion in the five member
states consistent with the above hypotheses?
From: Werner Levi, The Challenge of World Politics in South and Southeast Asia, pp. 63-73, © 1968. Re-
printed by permission of Prentice-Hall, Inc., Englewood Cliffs, New Jersey.
73
74 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Cultural ends as a basis for regional organization did not prove any more successful
than political or economic ends, though they were more frequently and openly talked
about than any others. They appeared to their protagonists less controversial and,
hence, more achievable. For this reason they also proved useful as face-saving devices
when plans for other regional organizations had to be abandoned. A conference end-
ing in disagreement on everything else could always be rescued from catastrophe by
consensus on the desirability of exchanging teachers and students, and it could also
be given an optimistic opening on the same note. Nehru, typically, inaugurated the
All-Asian Conference in 1947 with references to the "great streams of culture" flowing
across Asia, "the long past of Asia," and the "thousand memories" which revive when
Asians meetinassembly. The theme was a favorite with all Asian statesmen when the
occasion called for emphasis on Asian brotherhood. But whether it had any appeal to
the masses or any unifying effect was highly doubtful. The attempt was made here to
develop a consciousness of what Robert Redfield called a "Great Tradition" for the
Asian area, the Asian Greater Harmony or total synthesis of conflicting ideas, to serve
as support for Asian regionalism. Such a Great Tradition, however, is for the "reflec-
tive few" who are aware of it, while the "Little Tradition" is for the "largely unreflec-
tive many" who live it, and take it for granted. Each tradition affected the other, but a
deep gulf separated the theoretical adherents from the practitioners. 1 Characteris-
tically, the alleged unity of Asian culture was cited by the Asian intellectuals but
seemed to impress no one else. It could be argued, of course, that this adequately
served the purpose of advancing regionalism, since the makers of foreign policy came
exclusively from intellectual circles. But this argument then raised the real problem,
namely that the Great Asian Tradition was essentially a fiction. At best, such a tradi-
tion could be found only by abstracting the diverse Asian cultures to such a degree that
it became indistinguishable from any other Great Tradition. In this form it could not
serve Asian leaders for Asian purposes. The difficulty was actually that in many coun-
tries of the region there was as yet not even a national culture sufficiently distinctive,
unified, and widespread to serve as a foundation for national unity. In addition, the
advancement, maintenance, or revival of national cultures (in the narrower sense of
the concept) was a completely neglected item in development planning. However,
regardless of the reality or unreality of a Great Tradition, these appeals to "streams
of culture," springing from somewhere and flowing to somewhere else across the map
of South and Southeast Asia, left no noticeable impact.
On the contrary, they shocked some Asians and annoyed others. "No greater
catastrophe can be imagined," wrote M. N. Roy of India, "than a resurgent Asia with
its vast population, marching to re-establish a world order wiping out the achieve-
ments of European civilization of the last five hundred years." 2 Others saw in these
appeals symbols of the rivalry between India and China for leadership in Southeast
Asia. Yet others resented them, when they emanated from Indians or Chinese, as re-
flections upon their indigenous culture. As time went on, cultural affairs became sub-
servient to political intentions in Asia, as they had been in Europe for many decades.
Emphasis upon them merely served to highlight the heterogeneity of the region.
This left the even broader and vaguer "sense of Asian solidarity" as the foundation
SOCIALIZATION 75
for regionalism. There was nothing in this sentiment that could be organized or
institutionalized. The hope was merely that it would be powerful enough to overcome
divisive influences and somehow induce Asians to cooperate, especially in the face of
common dangers from the outside. Reaction against colonialism had produced this
sentiment originally-giving it a distinctly racist element-and many Asian leaders
liked to credit it with much of the success in the struggle for freedom. It had the quali-
ties of a myth and probably inspired the leaders and small sections of the people in their
nationalist endeavors. It was an expedient instrument in the struggle for indepen-
dence that had been discovered after the struggle had begun and that was shaped to
serve its function. To be effective, to make that solidarity convincing and substantial,
the peoples of South and Southeast Asia had to have favorable images of each other.
The leaders therefore emphasized those aspects from the history and behavior of their
peoples which could create mutual sympathy. Memories of happy events in the com-
mon history were revived. There were references to cultural and religious affinities,
to mutual influences through cultural borrowing and lending, to characteristics which
set Asians apart from their colonial masters, and to Asian spirituality versus Western
materialism. When the colonies became states, the choice of these factors had to be
careful. In all too many instances the awakening of "historic memories" could have
resulted in the renaissance of ancient feuds and hostilities before the benefits of soli-
darity might be felt. This danger could not have escaped the notice of the national
leaders, nor could there have been too much depth to their own sense of solidarity,
especially when they were highly Westernized. The masses, especially outside the
urban centers, appeared to share no such sentiment of solidarity at all; and there was
no reason why they should. Preoccupied with their daily lives in the villages, they could
not afford to be concerned with a distant past or people in far away lands. Outside
border areas, there was nothing in their experience to develop a sense of cohesion or
relationship even withneighboringpeoples. The farfetched examples cited to demon-
strate social affinity-an Indian traveller going to China two thousand years ago, or
some Cambodian potsherd dug up in northeastern Thailand -were quite ineffective.
How weak and hollow these sentiments of solidarity really were became evident when
the clash of national interests and national policies required hostile rather than fra-
ternal feelings. In Indonesia, for instance, the image of the fellow Islamic state of
Malaya was quickly changed to that of a running dog for imperialism; Vietnamese
were asked to reminisce about the "traditional inferiority" of Cambodians; and
Cambodians were reminded of either Chinese expansionism or ancient cultural
bonds, depending upon whether the Royal Government inclined more toward China
or toward the United States!
Thus, solidarity waned during the postcolonial era, giving way in many cases to in-
tense hostility as incompatible interests asserted themselves. At the same time, many
Asian leaders learned that they had mistaken a unity resulting only from the existence
of acommonenemyfor a broad,general feeling of Asian brotherhood. They had failed
to realize that expedience had produced the sense of solidarity, and that it could not
now stand as an independent support for unified action or to suppress clashing inter-
ests. "The unanimity of enthusiasm which made Bandung possible is no more," wrote
76 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Mrs. Lakshmi Menon of India in 1961. 3 This meant that the spiritual prerequisite of
regional organization was as inadequately fulfilled as the more objective need for
joint purpose.
Some general conclusions emerge from an examination of different forms and pur-
poses of regionalism in Asia. In the absence of compelling interests or sentiments
requiring organized regional cooperation, the formation of regional institutions
among Asians themselves was inconceivable. States do not simply create the ma-
chinery for regional cooperation in the abstract so that it may be available when the
need for it arises. They always readily perceive a tbreatto their identity in any arrange-
ment suggesting international or supranational decision-making or enforcement.
They want to be certain that the price paid for collective action is worth any loss in
freedom of maneuver. In the Asian case, these considerations weighed unusually
heavily because the gap between low need for regional organization and high sensi-
tivity to sovereignty was extraordinarily broad. The insouciant manner in which the
Asian leaders entered into the discussion of Asian regionalism at the beginning of their
careers has therefore no relationship to the disturbing reality. Other factors which
have historically been helpful to the creation of regional organizations could under
the Asian conditions, whether favorable or not, play only a subordinate role.
There was, for instance, no homogeneity among the peoples of South and Southeast
Asia in their social structure, their political systems, their ways of life, their religions,
orin almost any other respect. They shared many problems, but very few of the means
to solve them. Interaction between these peoples-which might have levelled off
some of their differences-was also very sparse. The majority lived in essentially
self-contained villages, and even the contacts between the national leaders were
sporadic. Reversing the experience elsewhere that intense and close communication
produces pressure for institutionalized cooperation, the Asian leaders appeared to
have hoped that a regional organization might produce the desired communication.
Geographic proximity, which might normally help to stimulate regional organization,
was at least balanced, if not outweighed, by the fact that each state remained oriented
toward its own former colonial master. The types of "regional" integration, further-
more, which these powers had sometimes imposed upon their colonial peoples were
likely to discourage rather than encourage popular enthusiasm for regional organiza-
tions. The precedent for cooperation provided by the struggle for independence, upon
which so many hopes of the leaders for regionalism seemed to rest, turned out to be
very weak indeed. What substance there had been to it was greatly exaggerated and
idealized, and not even of a quality to inspire mere systematic consultation among
governments in the postcolonial period. Organization of a national cooperative and
collective effort was so urgent a need on the arrival of independence, that a similar
enterprise on the international level began to appear premature. There was suspicion
in Asian minds that the pervasive talk about regionalism was mere lip service to an
idea fashionable in the post-World War II era. When Singapore's foreign minister,
Rajaratnam, stated, after the creation of the Association of Southeast Asian Nations,
that to give life to the new organization, "we must marry national thinking to regional
thinking," he referred to a mentality which did not yet really include regionalism
as a concept. Buthealsowas speaking of astagewhichhadinfact not yet been reached
SOCIALIZATION 77
by the Asian masses: national thinking. This was doubtless the situation to which
Sukarno, and before him Sun Yat-sen, had referred when they argued that "Inter-
nationalism cannot flourish if it is not rooted in the soil of nationalism."
Perhaps the idea of an Asian union or an Asian regional organization was never as
widespread as outsiders believed. 4 Its propagation was certainly premature, though
the idea resulted in much attention to the new states- which remained its greatest
merit and achievement. It had demerits as well, however. Failure to implement the
idea demonstrated the inability of so many Asian states to cooperate and highlighted
the conflicts dividing the region. It was unfortunate for relations with the Western
world as well that in the absence of other unifying items, anti-Westernism in one form
or another was kept alive. Several Asian governments blamed Western interference
for their inability to cooperate. This was probably not based on hostility to the West
so much as on the need of a pretext for Asian unity. This unity was in tum needed to
support policies each state thought desirable, though usually for different, selfish
reasons. Nevertheless, the Western nations were given reason to suspect every Asian
conference, which, of itself, perpetuated the anti-Western posture of several Asian
states. The positions were somewhat reversed after about 1960, when the Western
powers would have liked to see concerted action against Asian threats from outside
the region, especially from China; but by this time the Asians themselves had aban-
doned hope for broadly-based regionalism. Nevertheless references to Western im-
perialism or neocolonialism continued without leading to any cooperative anti-West-
em effort and, paradoxically, accompanied by increasing demands for Western aid
in economic development and military security. Apparently the statesmen of the new
Asia were gaining confidence about the existence of their states. Occasional appeals
to Asian union and solidarity could still be heard at Asian meetings. But they sounded
hollow and like survivals from the past. By the middle of the 1960's the idea of an
Asia-wide regional organization had been discarded as a practical policy, while
economic regionalism was urged by outsiders more than the new Asian governments.
The formulation of foreign policy among the nonaligned states (other than Indonesia
after Sukarno) remained influenced by a conviction that the highest possible degree
of sovereignty was a desirable goal and that progress in political and economic develop-
ment could still be achieved at an adequate rate without any limitations imposed by
regional obligations. All the governments were aware, of course, that nations outside
the region were the prime suppliers of the power and wealth they needed. But only
some governments-those of Thailand, the Philippines, and Pakistan-were willing
to cooperate with these nations in regional organizations such as SEATO or CENTO,
or on an enduringly committed basis (Malaysia, Singapore). They were joined, even-
tually, by Indonesia, for reasons of her own after the political demise of Sukarno. These
states cherished their independence no less than all the others. But their own particu-
lar weaknesses and strong exposure to increasing political pressures in the late 1960's
enhanced the value of collective reactions. Several dramatic events took place or were
anticipated. China exported her Cultural Revolution; Great Britain announced an
early withdrawal from east of Suez; American negotiations with North Vietnam
inspired grave doubts about a continued United States presence after the end of the
Vietnam War. The possible results of these changes and the worsening international
78 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
mination to resist outside interference, especially from the Chinese. In pursuit of this
line, therewasevenmentionof"openingthedialogue" with the Soviet Union (which
Malaysia did.) 8 ASEAN and the subsequent plan for its expansion were praised as an
evolution from narrow nationalism to a more generous internationalism, but also as
a successful move to greater Asia-consciousness and solidarity. 9 But whether in fact
the many barriers erected in the past by nationalism to regional cooperation -let alone
integration-were now being lowered, or whether the new spirit symbolized by
ASEAN was merely a temporary, and even somewhat panicky adjustment to an out-
side threat suddenly perceived as greater than any threat from clashes of interest
within the region could not be known.
There was no dearth of appeals from many statesmen for regional cooperation.
There was an abundance of references to hostile outside forces (clearly aiming at
China) and the new spirit of self-reliance pervading Southeast Asia. Yet at the same
time the public was warned not to expect a favorable impact from ASEAN too soon.
Doubt was expressed by Tungku Abdul Rahman about its usefulness as long as his
country was quarrelling with the Philippines over Sabah. There was even talk of
turning the annual Ministerial Conference for Economic Development of Southeast
Asia into a permanent institution as a substitute for ASEAN. Conceivably, the tense
situation in Southeast Asia during the late 1960's was the catalyst precipitating a
novel synthesisofnationalismandAsianism. The process had been furthered by Japan
for several years, quietly and determinedly, through the sponsorship of many official
and unofficial Asian conferences and institutions. 10 Simultaneously in academic
and journalistic circles the international position of South and Southeast Asia had
become the object of much discussion and analysis, whose conclusion had invariably
been that the states in the region would have to develop their power potential col-
lectivelyif they were to survive in independence and possess influence in international
affairs.u The planned withdrawal of British forces from the region-rather in-
significant in itself-had served as the occasion to clarify this need in Asian minds.
Regionalism in Southeast Asia was more openly than ever before advocated as a
tool of power while in South Asia, especially India, the tendency remained to en-
visage a more broadly based Asian organization for essentially nonpolitical purposes.
Regionalism was still suffering from a conflict between nationalist nearsightedness
and visionary Pan-Asianism. But as the expansion of Chinese power and influence
forced the states in the region to focus on defense interests, inevitably recognized as
common, there arose the slight possibility that in some form a purely Asian regional
organization might yet be created.
6 Malik on his way home from Bangkok said the possibility existed of discussing defense matters at
ASEAN's next meeting. Straits Times (August 11, 1967).
7 AsianRecorder(April2S-29, 1967);Bangkok Times(January12,13,14, 1968); Straits Times (January
20, 28, 1968); S.M. Ali, "Bridging the Gap," Far Eastern Economic Review, vol. LIX (February 6, 1968),
227-29. Tungku Abdul Ralunan announced that "the question of our defense arrangements is something
wecannotpostpone," and Indonesia seemed to suggest that the conversion of ASEAN into a regional defense
pact was urgent. Economist, vol. CCXXVI (February 24, 1968), 25. There was also much talk in Malaysia
about neutralizing all of Southeast Asia. See the Malaysian newspapers ofJanuary 24-28, 1968. For critical
reviews of such a proposal see Bangkok Post (January SO, 1968) and, for Indonesia's criticism, Malay Mail
(January 27, 1968).
8 Acting President Suharto of Indonesia said that ASEAN was the expression of the principle that "Asian
problems should be solved by Asian nations themselves throughregional cooperation." Indonesian News and
Views, No.13/67 (September, 1967), p. 3. The Malaysian prime minister stated on Independence Day 1966
that "If Malaysia is to become a permanent and cohesive national unit, she must be regarded by her neigh-
bours as a specifically Asian country, and not as a creation and protege of Britain which some of them still
suspect her to be." Economist Intelligence Unit No.4 (December 1966), p. 3. At this time also, Malaysia
began to establish commercial relations with the Soviet Union and ambassadors were exchanged between
the two countries in 1968. The "Asianization" of Thailand's foreign policy is described by F. Joyaux, ''La
Politique etrangere de la Thailande en Asie," Politique Etrangere, vol. XXXI (1966), 340-43. The Philip-
pines had begun the process of "Asianization" much earlier. This theme was brought out very strongly also
duringaSeminaronEconomicandPolitical Cooperation between South and Southeast Asian Nations which
opened at the UniversityofSin_gaporeonFebruary 15, 1968. Singapore's prime minister and foreign minister
made clear that there was no illusion about the dependence of the region upon the policies of the major na-
tions. But they also maintained that through regional cooperation the regional states could have some influ-
ence upon their own fate-if the leaders could overcome their narrow nationalism and reconcile it with
regional cooperation. The Mirror (Singapore), (February 26, 1968).
9 However, thememberstatesindicated clearly that India, Pakistan and Taiwan were not welcome to join
ASF..AN, while informal invitations were extended to all smaller states of South and Southeast Asia. In May,
1967 the Indian Government suggested a more broadly-based Asian organization than the (then) planned
ASEAN. This suggestion remained "dormant" until the Indian government reawakened it once more in
January 1968 but, apparently, with equally little success. Times of India (January 16, 20, 1968). In spite of
all the renewed eagerness for regional organization in Southeast Asia the smaller states were still suspicious
of their larger neighbors. Furthermore, India had, over the years, done little to establish close relations with
Southeast Asia. For somediscussionsoflndia'srelationswith the region see Ton That Thien, India and South
EastAsia1947-1960 (Geneva, 1963);A. B. Sbab,ed.,India'sDefenceandForeignPolicies (Bombay, 1966),
pp. 94-123; D.P. Sinhal, ''Indian Policy in Southeast Asia," Australian Journal of Politics and History, vol.
XII (1966), 258-70; Patwant Singh,India and the Future ofAsia (New York, 1966 ), 166-76. The Commu-
nists condemned ASEAN as "a tool of American imperalism." American Consulate General, Hongkong,
Survey of the China Mainland Press, No. 4000 (August 14, 1967), p. 41.
10 Japan sponsored conferences on development problems in Southeast Asia, on trade, on agriculture.
She created an interparliamentary union for the region, a news bureau, and similar organizations. She
even succeeded in arranging the simultaneous attendance of representatives from Cambodia, South
Vietnam, and Thailand. William Lange, "Asiatische Interessengemeinschaft ohne Nicht-Asiaten," Aussen-
politik, vol. XVII (1966), 503-8; A. B. Santos, "Japan has finally stopped apologizing for the Pacific War,"
The Asia Magazine (Singapore), vol. VII (November 19, 1967), 9.
11 Examples are: Sisir Gupta, "Structure and Stability," Seminar, No. 96 \August, 1967), pp. 12-16; C. S.
Venkatachar, "The Changing Balance of Power: A View from Asia," Journal of Development Studies, vol.
II (1966), 174-88;Alastair Buchan, "AnAsianBalanceofPower," Australian Journal ofPoliticsandHistory,
vol. XII (1966), 271-81; Romesh Thaper, ''External Presence," Seminar, no. 96 (August, 1967), pp. 20-23.
There was an undertone of anti-Westernismandnationalismin some of these speculations. The Communists
quickly discovered it and tried to use it for their purposes. Justus M. van der Kroef, "Siidostasien zwischen
Nationalismus and Kommunismus," Moderne Welt, vol. VII (1966), 235-54.
Amitai Etzioni
From: Chapter Six, pp. 211-228, from Political Unification: A Comparatioo Study ofLeaders and Forces,
by Amitai Etzioni. Copyright © 1965 by Holt, Rinehart and Winston, Inc. Reprinted by permission of Holt,
Rinehart and Winston, Inc.
81
82 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
icantly deepening or expanding the scope of the Nordic union. There are several
reasons that account for this limitation. Contacts between the various countries seem
primarily to involve educated elitist groups, such as teachers, lawyers, jurists, scien-
tists, and labor union leaders. Further, the sense of affinity encouraged by such con-
tacts and by the broad network of Nordic cooperation is not tied to support for any
shared institutions, to say nothing of supranational organs: It is what psychologists
call a "nonspecified" sentiment. The educational systems of the five countries as well
as their cultural institutions, from museums to libraries, have a national and not a
regional structure. Even the Norden Association, whose aim is regional unification,
is organized along national lines; it is five separate organizations; delegates from
these national organizations meet together to harmonize activities, but there is no
regional headquarters. In this, it is very much like the Nordic Cultural Commission
and the Nordic Council itself.
The ideology of cooperation seems to be stronger than the actual measure of co-
operation. Thus, while Scandinavians tend to insist, somewhat defensively, that they
cooperate so effectively that no regional institutions are required and that their mode
of voluntary cooperation is superior to that of a regional superstate, a point to which
we shall return below, it is of interest to note here that the historical consciousness of
the various Nordic nations hold memories that agitate against regional bodies,
whether or not these are needed for effective cooperation. Foremost among these
memories are the histories of the various unions that the area knew in the past. Those
include the Kalmar Union (1389-1523 ), which in its original form encompassed the
subgroupings Sweden-Finland (until 1809), Denmark-Norway (1375-1814), and
the Union of Norway and Sweden (1814-1903). Such unions have left a legacy of
antagonism that is still a salient factor in relations within the Nordic union. 10
The various efforts at achieving independence have given rise to rather strong feelings
of national consciousness, feelings superseding any sense of Nordic identity. As
ProfessorJohnH. Wuorinenhaspointedout, the individual Norwegian, Swede, Dane,
or Finn feels rather deeply "that the people whose language he speaks, whose past he
shares and whose ways of thinking are much like his, are his people and stand apart
from others in culture, traditions, language, and mores in general. 11 In addition, a
mild apprehension of Swedish predominance has some effect on the actions and de-
cisionsofNorway, and to a lesser extent Denmark, with respect to the Nordic union. 12
Norwegian and Danish opposition to the Swedish-proposed defense alliance of
1948 -though it was determined by other causes- also reflected an uneasiness over
an alliance in which Sweden would be the dominant member; it would supply the
bulk of the arms, and the commander-in-chief of the joint Nordic forces would in all
probability be a Swede. 13 Further, in the matter of the Nordic common market, Nor-
way's hesitance can in part be traced to its apprehension of Swedish influence. Norway
was concerned that the implementation of a common market or customs union would
require some sort of supranational agency, possibly dominated by Sweden, to co-
ordinate programs and to enforce rulings. This development, Norway felt, would
compromise its independent status. 14 This was also one reason it opposed the estab-
lishment of a Nordic bureaucracy in connection with the Nordic Council. 15
In intra-Nordic business arrangements, some antipathy toward Sweden is also
84 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
occasionally expressed. Both Danes and Norwegians complain about Swedish pre-
eminence in the operation of their joint airline, SAS, whose initials a Norwegian
jokingly alleged stand for "Svensk Alt Sammer" or Altogether Swedish. 16 (Sweden
has a larger investment in SAS than the other countries; SAS headquarters are in
Stockholm and its president, Curt Nicolin, is a Swede.) Norwegians and Danes were
astounded to find out that of the ten largest corporations in Scandinavia, nine are
Swedish, as are most of two hundred-odd corporations whose 1963 turnover was
higher than 100 million kroner ($19 million).
Despite Norway's great need for outside capital to develop its resources and build
up its industry, there is great reluctance to accept investments from Sweden. Nor-
wegian business circles were opposed to the Nea power-plant arrangement whereby
Norwayproducedhydroelectricpowerfor Swedish consumption; cheap and plentiful
water power is seen as Norway's major asset, and there is strong objection to sharing
it with Sweden. 17 A proposal for the development of Norwegian copper deposits by
a Swedish company was firmly rejected in Norway; the enterprise was viewed as an
attempt at Swedish "infiltration" of Norwegian industry. This attitude prevailed
despite the fact that Norway would have controlled 40 per cent of the company and
despite the fact that without Swedish capital Norway could not hope to develop the
area under consideration. 18
Six centuries of Swedish domination of Finland have left a residue of antipathy
toward Sweden on the part of Finland, though probably in the prenationalist period
little awareness of Finnish separation existed and the main manifestation of tension
was between Finns and the Swedish aristocracy in Finland, rather than between the
two countries. There is also some ill feeling between Danes and Norwegians deriving
from the long association of the two countries: For over four hundred years the Danish
language and Danish culture were dominant among Norway's urban, educated, and
official classes, and Norway's attempt to create a distinct nationality involved the
reduction of these Danish influences. 19 For their part, Swedes feel themselves supe-
rior to the other Nordic countries, less superior to the Danes, more to the Norwegians;
the Swedes see themselves as more sophisticated and cosmopolitan and their country
as having greater stature in international affairs. 20
One interesting indication of the limited scope of Scandinavian cooperation may
be seen in the fact that while authors who write about this cooperation are abundant
with superlatives, an examination of publications dealing with various general prob-
lems of the Nordic countries- such as the Norseman or the Scandinavian Times (for
English-reading publics) as well as publications in the Scandinavian languages-
rarely mention a Scandinavian country besides the one being examined, when ques-
tions other than cooperation are discussed. That is, one gains the impression that
cooperation is not a major dimension of most domestic matters, and hence unless
such international matters as trade or diplomacy are examined, the problems of each
country can be treated independently. When parallel areas in the other countries of
the region are mentioned, they are presented as points of interest and comparison;
they are not treated as part of the same problematic area, one to be faced regionally.
Moreover, surprisingly little space is devoted to the reporting and analysis of regional
cooperation. There is considerably more belief in Nordic similarities and cooperation
SOCIALIZATION 85
than there is in one Nordic reality. From time to time, an occurrence brings this fact
to the consciousness of the people of the region. In 1964, a book by an American psy-
chiatrist, Dr. Herbert Hendin, entitled Suicide and Scandinavia, created a lively
public debate. One of the points emphasized was that Denmark, Norway, and Sweden
"are essentially a homogeneous area, all welfare states, sharing such relevant factors
as religion and climate-yet while Denmark and Sweden (and Finland) have some of
the world's highest suicide rates, Norway has one of the lowest." The book was viewed
by Scandinavians, however, as "above all a healthy reminder that the three peoples
are really far more different than their ways of life would indicate." 21
The same point is illustrated by the development of Nordic languages. Basically
the Scandinavian languages are very similar to each other, and from this viewpoint
the region has fewer communication problems than most. 22 Citizens of the three
countries who come into regular contact are largely accustomed to each other's lan-
guages. The proceedings of the Nordic Council and of various regional associations
are carried on in all three languages without translations. According to one inter-
viewee, the differences are as small as those between the English spoken by an Amer-
ican and that of an Australian. He said, "they are limited largely to those of pronun-
ciation and some grammar." Other observers recognize slightly greater differences.
Gunnar Leistikow stated that, "Danes, Norwegians, and Swedes can become accus-
tomed to the sound of each other's languages within a few weeks. 23 David Philip
stated that "the educated citizen of one of the three countries can quite easily read
books written in one of the two languages of the other countries, and even follow
fairly easily a conversation or a lecture in one of the other Scandinavian languages." 24
The Scandinavian Times was less charitable:
It was a season, then for rediscovery of the Scandinavian community. Even language bar-
riers-caused chiefly by laziness, for Danish, Norwegian and Swedish are essentially alike-
seemed to fall. At the Stockholm festivities, Danes and Swedes conversed merrily- in English. 25
Among the three Scandinavian countries, the Norwegians are slightly favored, as
they understand Swedish and Danish more readily than the speakers of these two
languages understand each other. 26 The two other Nordic languages are more dis-
similar. No Scandinavian who is not trained in either Icelandic or Finnish will under-
stand these languages, nor do the citizens of these countries understand another
Scandinavian language unless they have studied it. Icelandic is most akin to the "Old
Norse," as the early pronunciation and vocabulary of a language once widely spoken
in the region is designated. 27 While the Scandinavian countries assimilated large
influxes, first of German, then of Latin and French, the Icelanders absorbed few new
words and those only by translating them into their own linguistic tradition.
While Icelandic roots at least rest on the same lingual foundation as the three Scan-
dinavian languages, those of Finnish have a quite different tradition. Finnish is not a
Scandinavian language but is part of the Finnish-Ugrian group (as is Hungarian); it
is akin to Estonian and to some Russian languages. An untutored Scandinavian can
understand part of Icelandic, but little Finnish. These language barriers, however,
pose few problems for Nordic communication. Most Icelanders speak some Danish
86 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
(which is the first foreign language taught in their schools), and many Finns speak
Swedish.
Nevertheless, over the years the Nordic languages have grown farther apart. The
various national independence movements of the nineteenth century were espe-
cially important in increasing linguistic differences. Norway made a conscious effort
to reduce the Danish elements in its language. More recent changes in the Norwegian
vocabulary were, in general, not paralleled by similar changes in the Danish one;
also, a reform of orthography made Norwegian written as it is pronounced, while
Danish orthography still follows historical traditions. At the same time, the Finns
were making efforts to reduce the amount of Swedish spoken in their country, and
Icelandic textbooks, which used to be in Danish, are being replaced by texts written
in English, which is gaining as the second language of the island. 28
Some measures have been introduced to reduce the existing differences among
Scandinavian languages and to prevent the development of new ones through the
agency of the Language Boards established in each country of the region under the
auspices of the Norden Association. (Danish upper-case nouns, for example, have
been changed to lower-case, in keeping with Swedish and Norwegian traditions.)
But the success of such measures has so far been rather limited.
The question arises under what "regional" conditions, if any, the differences among
the languages would decline. While there is no conclusive study of the subject, the
history of European nationalism seems to suggest that, in the case of languages as
similar to each other as the Scandinavian languages are, the various dialects and local
tongues combine elements when the educational systems of various localities "merge"
(students and above all teachers are ecologically mobile), and when careers, in general,
are pursued in one social structure that brings together people from a variety of local-
ities and imposes on them basically uniform language requirements. All these condi-
tions are lacking in Scandinavia, as educational systems and social structures are
fundamentally not regional but national. We, of course, do not imply that a region-
state should be formed in order to reduce minor differences in language; but should a
region-state be created or approximated for other reasons, we would expect Scandi-
navian languages gradually to merge. This, in our judgment, should not be expected
to take place in the present union, even if tourism among the countries should be
doubled and other interpersonal contacts tripled.
In sum: The great similarities in cultural, social, and ethnic background and the
many historical bonds do not in themselves a union make. Their effect on the relations
among the countries in a region depend on what is made of them. Large cleavages
can be minimized, as were those between the United States and the USSR during
World War II, and smaller differences can be emphasized, as are historical ones in
the area under study. The Nordic countries have built out of a common past a set of
separate units that may even be said to have a national consciousness of its own. While
thelastfewdecadesof cooperation have reemphasized the shared heritage of the past
and the affinity of the present, the balance between regional sentiment and national
sentiments still favors the national ones. The fact that there are no effective regional
institutions and symbols as there are national ones (the kings, the parliaments, the
SOCIALIZATION 87
constitutions, supreme courts, etc.) both expresses and reinforces the superiority of
national over regional identification. History is thus used to justify separateness and a
rather jealous preservation of national sovereignty. Hence a broader and deeper
regional integration, at least one that is more institutionalized and has its own symbolic
power and unifying drive, is not present. (All Scandinavians interviewed said it is
"impossible.")
While there are many shared values, mores, sentiments, and ideas in the Nordic
area-the first among them being a consciousness of shared identitive assets-they
are not related to a network of Nordic institutions and symbols. They are not used to
establish one, nor are they significantly deepened or extended by such institutions
and symbols. The role regional institutions could play in bringing about a shift to the
priority of regional bonds over national ones --especially since identitive similarities
(not to be confused with identitive bonds) are at so high a level- deserves some addi-
tional elucidation.
the USSR (Finland's concern); giving offense to Britain (Norway's concern); or moving
away from the continent (Denmark's concern). But the costs seem to be of such magni-
tude that-unless they change considerably because of some changes in extra-Nordic
systems- they make a Nordic political community rather difficult to create.
The fact that the Nordic countries are highly democratic further strengthens our
statement. Less democratic governments could ignore the economic plight and psy-
chological deprivations that large segments of their populations might suffer, espe-
cially in the short run, if they would actively pursue political unification. A Scandi-
navian government that wouldfollowsuchacoursewould in all likelihood be replaced
by a government more responsive to the people. The people seem to be unwilling to
make any major sacrifices for so abstract a goal as political unification, especially
since present systems seem to work well; hence it is felt that there is little need for
greater integration.
Actually, each country is quite jealous of its national sovereignty, and the regional
mode of cooperation is highly responsive to these jealousies. Little attempt is made to
use regional institutions to advance regional sentiments. The fact that the Nordic
Council did not establish a permanent secretariat is an illustration of the union's high
responsiveness to its individual members' desires; no such organ was set up largely
because of their apprehension that the council would thereby become to some degree
independent of the constituent members and therefore less responsive to national
pressures. 29 Further, part of the opposition to the Nordic common market was based
on a belief that the imposition of common tariffs would require some form of supra-
national enforcing agency endowed with the power to apply sanctions to the member-
states. 30
. Thus the Nordic regional system is highly responsive to its component units: It main-
tains without any modification the level of integration of which the member nations
approve; it does not act as an independent lever to bring about a higher level of inte-
gration. Hence we conclude that from the viewpoint of unification, the Nordic struc-
ture is clearly not merely a highly responsive, but an overresponsive structure: It
limits the development of regional foci of identification and of a center of allocative
processes not just to the level the region would tolerate, which is both prudent and in
the long run inevitable; it also acts as a reflecting mirror instead of as an active agent.
No wonder this is a stable but scarcely growing union! The Nordic countries seem to
prefer the losses involved in maintaining full sovereignty over whatever gains dele-
gating some powers to a regional body might entail.
The prevailing Scandinavian attitude toward supranationalism is illustrated in the
following: During the negotiations over a Nordic common market, when a minority
report to the Nordic Council meeting charged that the establishment of a common
market would lead to wider and possibly supranational unification, the majority
did not extol the virtues of this kind of union but chose to deny that it had this potential
or that any such aim could be pursued by the respective governments:
The assertion that a common market of the scope provisionally envisaged should lead to an
economic union and further, to a political union with supranational bodies and major losses of
competence fornational political authorities is mistaken, improbable and contrary to the wishes
of the three governments. 31
SOCIALIZATION 89
tative, voluntary (but also not quite effective or extensive) cooperation of the British
Commonwealth. Ina typical release, the Danish Information Officepointedoutthat:
It is characteristic of Nordic cooperative endeavors that they avoid all political abstractions
and all speculations regarding final goals. Rather, they aim at the solving of concrete, practical
problems, advancing step by step andacceptinggladlyeveryconquest, no matter how small. 83
When one then points out that the Nordic countries cooperate only on matters that
have no great importance, such as some marginal educational, cultural, scientific, and
welfare matters, and thattheydonotforma united regional bodyinmattersofdefense,
foreign policy, or economics, one gets the response that because of international
factors (such as Soviet influence over Finland) and matters of an economic nature
(such as real and assumed weaknesses of the Norwegian economy), no higher level of
integration could be attained, whatever the institutional arrangement. The level of
integration that can be attained through harmonization has reached the point of de-
clining marginal utility and little progress can be expected unless a new unifying
factor is introduced, (or unless progress is generated by extraregional processes or
powers).
A third, and strong, possibility is that, because the Nordic countries are compara-
tively close to each other in terms of background, values, and sentiments, the estab-
lishment of a set of regional institutions could serve to overcome other unfavorable
factors and unfreeze the unification process. Such institutions could provide a strong
focus of regional action and loyalities, which might tip the scales to overcome the
nationalist suspicions and feelings of superiority that now stand in the way of more
effective and more extensive regional cooperation. (If the countries were farther
apart, a mere institutional change would be less likely to prm.ide such a focus). It is
precisely because of basic similarities of values and interests that a regional decision-
making body andcivilservicecould be highly successful. No proof can be given for our
proposition that if the Nordic area were to command a set of supranational institutions,
a considerably higher level of integration could be attained. It might even be suggested
that if such institutions did exist, this in itself would imply that a major barrier to the
advancement of unification, thestrongadherencetonationalsovereignty, had already
somehow been weakened. But let us assume that such an institutional structure has
come into being without any significant changes in any other circumstances, through
one of those accidents with which history abounds. What effects might such an insti-
tutional structure have?
First of all, it would provide a set of regional symbols to focus identification, to pro-
mote regionalism over nationalism. Till now, nations have effectively monopolized
the conditions Durkheim stated as needed for a society: "to worship" itself. Each
Scandinavian country has all the marks of sovereignty from a king to a parliament.
Identification with the region, on the other hand, is a highly intellectual and abstract
matter, with few permanent symbols. The sporadic, short, and dull sessions of the
Nordic Council, which hardly command enthusiasm, symbolize harmonization, not
regional integration.
Secondly, Nordic institutions would provide a focal point around which transna-
SOCIALIZATION 91
tional interest groups, parties, and labor unions could direct their efforts in order to
create regional cleavages (for example, Nordic labor versus management) that cut
across national ones. Thirdly, they would provide a "neutral" regional civil service
committed to the welfare of the region and not to any particular segment of it, capable
of working out compromises that would not require one nation to make concessions
to another but that would require all of them to make some concessions to the com-
munity-at-large.
The Scandinavians claim that no regional decision-making institutions are needed,
because the national ones, anxious to cooperate, are acting as if such institutions did
exist. For instance, in the area of legislation, one Danish official pointed out:
But this line of analysis takes an extremely passive view of the role of institutions
in the growth of a community. It suggests that to the degree that a consensus exists it
can be expressed, and to the degree it does not none should be forced. But there is a
third possibility, that of creating a new, additional consensus through give-and-take
in regional bodies; this is easier to come by when the participants realize that a con-
sensus must be reached or no action will be taken, a pressure that commonly operates
in national parliaments. Leaving it up to the national legislatures to volunteer region-
alismwithoutsuchpressuretend s, as we have seen, to sharply limit the areas in which
consensus is reached. While many identical laws are passed by the parliaments of the
various countries, their number hides the fact that policy on crucial matters is not
agreed upon and cooperation on others is slow and cumbersome.
While it is difficult to see at this point any social movement-surely not any pro-
vided by the timid Norden Association-that would lead to the formation of an effec-
tive regional institutional structure, extraregional processes might provide an even
more "congenial" background for Nordic unification. The lower the Cold War ten-
sions, the closer the United States and the USSR move toward general accommoda-
tions, and especially to the degree that European tensions are diffused, the easier it
willbecomefortheNordicNATO countriesandthenon-NATOone stomovetowarda
higher level of regional integration. Similarly, the development of the EEC will have
considerable effect on the Nordic community. The EEC provides an example of a
unification process that is partially supranational; the more successful it is, the more
likely imitations in other regions will follow. Also, the more successful the EEC turns
out to be in forming a political union of its own, which omits Nordic countries, the
more likely they are to seek their own political unification. After all, EFTA itself
was hom as a response to the EEC. Similarly, if the EEC were to fail or regress to
become just a part of a much larger free trade area (including both the present EEC
and EFTA countries), there still would be room, though not much motivation, for the
accelerated unification of subareas, as for instance the Benelux union. The most
divisive effects on the Nordic region will be generated as long as some Nordic coun-
92 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
INSTITUTIONAL CAPACITY
From: LeonN. Undberg and Stuart A. Scheingold, Europe's Would-Be Polity: Patterns of Change in the
European Community, pp. 82-98, © 1970. Reprinted by permission of Prentice-Hall, Inc., Englewood
Cliffs, New Jersey.
94
RULE-MAKING 95
-although, as we will see, it is more politically active than most civil services. As the
scope of the Community has expanded, so have the Commission's activities and re-
sponsibilities, as evidenced by the steady increases in its staff size and administrative
budget. (See Table 1.)
The Council of Ministers is the institution in which representatives of the national
governments meet in order to try to concert their behavior and make collective deci-
sions on matters within the scope of the Community. Ministers of Foreign Affairs or
Economic Affairs meet for general and for very important questions, and specialized
ministers (e.g., Agriculture, Transport, Finance) come together when more technical
matters are involved. Normally, the Council does not itself originate policy proposals;
rather it acts on the basis of studies and proposals that come from the Commission
and its staff. Proposals are then examined in the light of individual national interests
and the process of seeking some balance among these interests is begun. There are
complexrulesgoverningvotingin the Council, but by and large all important questions
are in fact decided by unanimity, even though a number of majority voting procedures
also exist. This puts a premium, as we shall see, on the success with which the national
representatives develop "efficient" procedures for bargaining.
(MILLION$)
YEAR STAFF BUDGET
1955 550a 8.0
1959 2,870 44.0
1962 3,726 53.5
1964 4,127 58.7
1966 4,463 69.5
1968 4,882 86.0
munity. There is an extensive committee system in which much of the work is actually
done- preparation of studies, resolutions, and the like. The more active committees
may meet an additional three or four days a month.
The Court of Justice is made up of seven judges appointed for six-year terms by
agreement among the governments. Its primary function is to act as a kind of supreme
court for the Community. Appeals may be brought to it by individuals, firms, Commu-
nity institutions, or member governments. Appeals may be made against acts of the
Council, the Commission, or a member government that contravenes the Treaty or
its obligations. Individuals, firms, Community institutions, and governments are all
legally bound by the Court's rulings, for it is the final authority on matters of Treaty
interpretation.
What are the relationships among these institutions and how do they work in prac-
tice? On a first examination of Figure 1 the formal relationships on the Community
level appear-to resemble those of a continental European parliamentary system. There
is a" cabinet" (the Council of Ministers) that makes the great bulk of the authoritative
decisions. It is assisted by a civil service (the Commission). These decisional activities
are restrained in different ways by two other institutions, which round out the system:
a parliament, and a court. 4 But this picture is complicated by the fact that this apparent
parliamentary system is linked to six national parliamentary systems as well.
In formal terms it also appears that the relationships between the national political
systems and the Community system are clearly articulated so as to provide for the
kinds of democratic controls we associate with parliamentary regimes. National
electorates choose parliaments, which in tum have the power to legislate and to control
cabinets which are selected from their memberships. The cabinets determine what
specific policy positions to take with regard to Community matters, and then the
Minister of Foreign Affairs or Economics or Agriculture will negotiate in the Council
ofMinisters with the other governments. When a final decision is reached the cabinets
are responsible to the parliaments for the concessions they may have made in Brussels.
But organigrams and descriptions of formal relations seldom suffice to describe
the realities of power and influence in any political system, and it is no less so in the
European Community. In the next section we will discuss in some detail how Commu-
nity-level decisions are actually made. Let us first say something about relationships
between that system and the national political systems.
The post-World War II period has seen a general decline in the vitality of European
national parliaments, and this is nowhere more obvious than in European Community
decision-making. In ratifying the Community Treaties the six parliaments in fact
created a new policy-making system over which they would have in the future very
little control. In the decision-making areas encompassed by the Community, such
authoritative decisions as are taken jointly do not require ratification by any national
parliaments, no matter how important and fundamental they might be, and the ability
of any national parliament to control its cabinet's negotiators effectively is severely
limited by the highly technical nature of most of the subject matter and by the fact
that final Community decisions are delicately balanced compromises that cannot be
undone after the fact, except at the price of calling the whole integration movement
\"1Q~Q'i.~';.
~"~~ ~
..,. . C.<:>mmw;;,c"
~
~
~
c.
'-- ~, ~
..
-z.
' ' -- --
-:....(._
' ""~'''"'~"' -- - ""~ ~
..,.. .
~~~1~~"'-~~ '" ' ......
\
\
'-...... ......
""~ ~
..,. ..._
l>.o\u~\<:.~'1.~'> '
......
-- \
t\.\1<:)~~~"
\"~1\\~11\~1'1'\.
Elect
't\~C'I.~00 ~1\'\.1<:)\
\1'1'1.~1\WI.C,1Q\.\~'i.
't\~<:'1. JJ
cr
m
~~,\<:)1\~\
't\~'\.<:)1~'1.~
~
~
z
G)
into question. Several of the general causes of the secular trends associated with the
long-term decline in the rule-making and control functions of European national
parliaments, reach a kind of apotheosis with the European Community. Most notable
among these are the onset of the welfare state with its politics of technical expertise
and problem solving, and the steady increase of administrative and executive power.
Thus cabinets and civil services are virtually autonomous of legislatures when it comes
to determining national positions on Community problems. Here is bureaucratic
decision-making par excellence.
To partly fill the resulting" control gap" the treaties established a European Parlia-
ment which must be consulted by the Council and the Commission and which has
final authority to dismiss the Commission. But the Commission is not the final deci-
sion-making body. Such powers are reserved for the Council of Ministers in which
the representatives of the national cabinets meet, and the European Parliament has
no power over the Council at all. The body that does influence Council decisions and
participate intimately in the decision-making process is the Commission, yet another
administrative-technocratic body, this time at the Community level. The European
Parliament, as the national parliaments, has then been little more than an onlooker
when it comes to actual decision-making. The system's anomalies can be summed up
as follows:
Structurally, the institutions of the European Economic Community are very nearly as Janus-
like as the treaty that gave them birth. There is a legislature (the European Parliament) which
doesn'tlegislate; an administrative organ (the Commission) which both initiates legislation and
administers it; a cabinet (the Council of Ministers) which is responsible to no one; and a supreme
rourt (the Court ofJustice) which is supposed to act as if these glaring weaknesses and strange
anomalies didn't exist. 5
---
Community level
Foreign i--
~----- --- National Level
Governments - -
National
:Il
Parliaments cr
m
I
I
National I National ~
Interest Courts zG)
Groups Political
Panies
~
six participating countries, and between them and the members of the supranational
Onnmission and its staff. This European "legislative process" typically operates as
follows:
1. The Commission's staff perceives the need for some sort of action, because the
Treaty requires it, a government or interest group has sought it, or because the Com-
mission itself desires it.
2. They will consult with academic experts, national civil servants and perhaps
with interest group representatives, European Parliament committees, or members
of the Economic and Social Committee, so as to get an initial idea of the problems,
pressures, and possibilities in the area under consideration.
3. The Commission and its staff then prepare a formal proposal upon which they
willagainconsulttheEconomic and Social Committee, interest groups, and probably,
committees of the European Parliament.
4. The proposal is then sent to the Council of Ministers which in turn transmits it
to one of a number of study groups made up of national civil servants.
5. These study groups examine the proposals in the light of the individual national
interests involved. A representative of the Commission usually attends. National
interest groups and national parliaments may express themselves at this stage. There
is usually substantial conflict at the national level as to what positions shall be taken
by anygovernmentin the Community negotiations, for the governments are not mono-
liths. Individual national ministries often see conflicting interests in European legis-
lation -as they do in national-level legislation-and often Ministries and their client
interest groups seek to forge alliances across national boundaries to promote a partic-
ular European policy, as for example when Ministries of Agriculture and agricultural
pressure groups unite to oppose the budgetary conservatism of Ministers of Finance.
As we shall see, the existence of such disparities of interest within each nation is an
important determinant of the Community's bargaining and decision-making style.
6. These national studies typically lead to a list of conflicts of interest among the
governments (and often within each government) that need to be resolved before a
European decision can be taken. Such lists are ordinarily sent to the Committee of
Permanent Representatives: high-level representatives of each government who
meet almost continuously in Brussels and who prepare the Council's agenda. A mem-
ber of the Commission meets with them and may alter the Commission's proposals
in order to facilitate agreement.
7. All conflicts that cannot be ironed out in the Committee of Permanent Represen-
tatives are sent on the Council. Here once again the Commission participates. H na-
tional positions can be reconciled with each other and with the Commission's pro-
posals, a final European decision will be made.
Indeed, in some ways it is quite an oversimplication to describe this process as a
dialogue between Commission and Council, even though that describes its essential
nature for our purposes. But there are any number of other interactions going on
simultaneously. For example, representatives of national bureaucracies meet con-
stantly with each other in a myraid of committees to examine problems posed by in-
tegration and to consider alternative solutions. The Commission's staff will also meet
with such technical experts, either singly or collectively. The six governments them-
RULE-MAKING 101
selves also negotiate and bargain with each other either bilaterally or multilaterally
inordertoreachagreementonmatters before the Council. Figure 3 is a summary flow
chart representation of the relationships among the various participants in the legis-
lative process at the several stages of that process. The numbers correspond to those
in the text above.
Activity within this inside network is steady and intense and appears to grow in
volume each year. For example, in 1964 cabinet ministers of the six members met in
the Council of Ministers on 36 separate occasions, spending a total of 67 days in high-
level Community bargaining. In 1960 they had met 15 times for 29 days. The number
of special committees, study groups, etc., set up to bring Community and national
bureaucrats together at earlier stages of the decision-making process, increased from
127 in 1960 to 210 in 1964. Thus, as we have already documented in greater detail
earlier in this chapter, more and more national officials and civil servants spend more
and more time either actually in Brussels or working with Community problems at
the national level. And interest groups are forced to pay attention to this new decision-
making system by organizing both at the national and at the Community level. Special
professionshavesprungupforthepurpose of keeping track of, reporting on, studying,
or defending one's clients in this new system. Even the popular press devotes substan-
tial attention to it. In sum, a whole new political arena is coming into existence, one
that centers on European policy-making rather than national policy-making. As a
result, new relationships among individuals and groups may be forged that will cut
across national lines and that may one day serve as the basis of a genuine sense of
"European" identity.
While control or direct participation in decision-making on the part of parliaments
is clearly absent from this system, it would be too much to say that it completely lacks
responsiveness. Cabinets and the Commission do operate within broad policy con-
straints as determined by the composition of the parliaments and the positions of the
different political parties. Similarly, both cabinets and the Commission must be atten-
tive to interest group demands and preoccupations. This is particularly important
for the Commission, which, in order to get its proposals accepted by the Council, must
appeal to asmanygroupsinasmanycountries asitcan. The Commission, in fact, main-
tains dose anddirectcontactswithnational and Community-wide interest groups and
political parties as one way of promoting its proposals and perhaps overcoming na-
tional resistance.
de Gaulle's veto of the British application for membership in 1963 and his six-month
boycott of the Community institutions in 1965-66 to achieve a major success in the
1966 agricultural negotiations and in the Kennedy Round tariff negotiations con-
cluded in 1967.
If we define power traditionally, that is, in terms of formal authority or the ability
to impose sanctions or the possession of a monopoly of legitimate force, then it is clear
that the Council is all-powerful and the Commission is powerless. But political scien-
tists have tended to move away from such formal or "negative" definitions of power.
In this revised view, power can be defined "positively," that is, as participation in
decision-making, as objective success in getting one's preferences or goals accepted
by others. By such a standard the Commission has wielded and continues to wield
substantial decision-making power in the Community process. Most decisions of
the Council must be made on the basis of a proposal from the Commission, which thus
has most of the "power" of initiative. The Commission, not the Council, is the body
with a European perspective and the command of the technical expertise required
for intelligent policy proposals. If the Council wants to amend the proposals it must
secure the Commission's agreement unless there is unanimity in the Council on anew
text.
Of course, if the Commission wants to see its proposals accepted, it must secure the
assent of the governments. To the extent that both the governments and the Commis-
sion prefer a decision to a deadlock, both would seem likely to have incentives for
bargaining and the exchange of concessions. By and large, integration has moved
forward in those areas where a sufficient number of governments were convinced or
could be convinced that joint action was necessary or desirable and where it was pos-
sible to offer compensatory rewards to those who might see their interests damaged.
This has not always been possible, ... but as our discussion so far has indicated, the
system has been working in many areas and joint decisions have been produced that
constituted more than a mere lowest common denominator of what the governments
might have originally wanted. Such successes need to be explained, for our normal
expectations of a joint decision-making system among nations of such disparate
histories would have been more nearly a situation of deadlock. One basic ingredient
has been the way in which the Commission (or High Authority) has operated in a given
situation or issue area. To have said that the Commission can move the system and
influence decision is not to say that it always does.
Hthe Commission is to play a role it must make creative use of the resources it has
for influencing the behavior of the governments. This means, above all, playing an
active rather than a passive role and making proposals that are well designed tech-
nically, with both the common goals of all the members and the specific needs or prob-
lems of individual nations taken into account. It should not come as a surprise that the
Commission and High Authority have not always succeeded in operating optimally.
There is a high premium on particular political skills in institutions like these, oper-
ating in as fluid a system as the European Community. Such skills are unevenly dis-
tributed among Commissioners, and since the Commission's internal organization
provides for considerable decentralization of policy responsibility the requisite skills
may or may not be brought into play, depending on the policy area involved. Also per-
104 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
sonnel may change. Politically adept Connnissioners like Jean Monnet or Walter
Hallstein may leave and be replaced by men with less vision and tactical skill.
What kinds of skillsarewetalkingabout?Can we draw up a list that would describe
the "ideal" Connnission? On the basis of the record over the first sixteen years of the
Community's existence, we would stress the following as necessary if the Connnission
is to realize its optimal potentialities. 7
1. Goal articulation. The Commission can articulate long-term goals for the Com-
munity that can in turn be legitimated in terms of some belief in a European common
interest. This would include public advocacy of specific proposals by invoking long-
term goals as one way to mobilize supporters and neutralize opposition.
2. Coalition building. The Commission can take the initiative in identifying prob-
lems to be solved by joint or coordinated action, and in making specific proposals.
Proposals are typically developed through intensive consultation and compromise
with client groups and with relevant national bureaucracies, so as to assure full in-
formation and expertise, and to build a policy consensus and a coalition of supporters
at the national level.
3. Recruibnentandorganization. The Commission can recruit its staff so as to maxi-
mize prior national contacts and experience, technical expertise, and, at the higher
levels, political experience and prestige.
4. Expand scope. The Connnission can be alert to the possibilities of convincing
governments and present or potential client groups to redefine their goals and pur-
poses in the direction of more joint activity. Calls for new policies, new tasks, new
powers for Community institutions can also be justified in terms of their usefulness to
the governments and to national goals.
5. Brokerage and package deals. The Connnission can play an active and construc-
tive role in intergovernmental bargaining at all levels and stages of the decision-mak-
ing process. It can do so only by fully understanding the positions of each government
and the possibilities that exist for movement and compromise on the part of each. It
defends and explains its own proposals, but also makes changes where necessary to
accommodate specific national demands. The Connnission can also act the role of an
"honest broker" by seeking to help construct a final "package deal" that optimizes the
joint gains of the member governments.
What should be clear from this list is that the European Connnission should not be
considered as simply an administrative-technical body. Were it to become one, as is
possible since the governments appoint the members and may so choose, it seems
likely that the integration movement would lose much of its force. The skills we have
listed are political skills par excellence. Another thing that should be clear is that the
"power" of the Commission depends primarily on thewayin which it is able to interact
with national political authorities and with interest group and other elites. Observers
have usually described the Community institutional system in terms of conflicts be-
tween supranational power and national sovereignty. To do so is to assume that each
gain in capability at the European level necessarily implies a loss of capability at the
national level. We reject this "zero-sum" interpretation. European integration, al-
thoughitmayinvolveconflicts,ismore accurately seen as a way in which new forms of
decision capability are created to cope with new problems and to achieve new goals.
RULE-MAKING 105
Our basic point has been that the relationship between the Commission and the Coun-
cil, as between the European Community and the national political systems, is more
nearly a symbiotic relationship than a competitive one. The Community emerged, in
part at least, as a result of the inability of national systems to process certain kinds of
economic, social, and welfare demands. Its continued growth will be a function of its
ability to provide decision capabilities that national governments acting alone cannot
command. National governments, on the other hand, continue to provide a source
of support and legitimacy for the Community institutions. They also play a vital role
in collecting and transmitting specific demands to the institutions, and in absorbing
most of the negative reactions from those groups who are disadvantaged by the dis-
locations attendant to the Community-engendered processes of economic moderni-
zation.
nant experience since 1952 has been one of a gradual emergence of a distinct "pro-
cedural code" that came to be called "the Community method." 9 It consists roughly
of the following expectations and practices:
1. The governments show frequent and strong commitment to the Community by
stressing the expectation that it will persist, that substantial rewards and benefits
are to be expected, and that withdrawal or failure are out of the question.
2. Thegovernmentsaccept the Commission as a valid bargaining partner and accord
itadegreeoflegitimacy as spokesman and advocate of the interests of the collectivity.
They expect the Cbmmission to play an active role in building a policy consensus in
the Council of Ministers.
3. Thegovernmentsdeal witheachotherina spirit of problem-solving. It is assumed
that collective decisions are desirable, and negotiation is about how to achieve them,
not whether they should be sought.
4. The governments, as well as the Commission, are attentive and responsive to
each others' interests, preoccupations, and goals. They avoid making unacceptable
demands or proposals, and divisive issues are usually postponed.
5. The governments and Commission show themselves willing to compromise and
make short-term sacrifices in the common interest or in expectation of future long-
term gains.
6. All agree that unanimous agreement is the rule and that negotiations should
continue until consensus is achieved and all objections have been either overcome
or "losses" in one area compensated for by "gains" in another. Issues are not seen as
separate and unrelated to each other but in the context of a continuous process of de-
cision. It is thus possible to engage in side-payment and logrolling behavior, whereby
trades can be made within an area or across a wide range of policy areas (e.g., agri-
cultural concessions in exchange for approval of a new form of indirect taxation).
Bargaining is thus likely to be complex, laborious. and time-consuming, and it is
characterized by so-called marathon negotiations which result in package-deal out-
comes. Marathon negotiations refer to the penultimate bargaining sessions of the
Council of Ministers when all the unresolved problems in a particular decision area
(or in several areas) are put on the table simultaneously. They may go on practically
around the clock and for a week or more until it has been possible to agree to some
combination of heterogeneous items that all can accept as more or less equitable.
These package deals are usually constructed by the Commission, which is in the best
position to know (or guess) exactly what combinations of concessions and achieve-
ments each government can be brought to accept.
But beginning in 1963 this "code" was "violated" dramatically and repeatedly by
General de Gaulle whenever it suited his purposes to do so. He threatened French
withdrawal from the Community if his demands were not met. He mounted a bitter
campaign against an active and independent role for the Commission. French bar-
gaining was punctuated by threats, the making of extreme demands, a general dis-
regard for the interests of her partners, and an unwillingness to make meaningful
concessions. 10
As a consequence, the system was plunged into a succession of crises attended by
prolonged periods of stagnation in the decision-making process: in 1963 over de
RULE-MAKING 107
Gaulle's veto of the British membership application; in 1965 over his boycott of the
Community institutions; and again in 1967-68 over his refusal to reopen membership
negotiations with Britain. The effect of each of these crises has been to further erode
the procedural consensus that had emerged. While it has still been possible to take
some important decisions in a few areas, notably agriculture and commercial policy,
and while no other country has seriously considered withdrawal, the "procedural
code" appears to automatically govern fewer and fewer decision situations. It has
often seemed as if everyone were trying to keep engagements to the minimum re-
quired to keep the system going. Only time can tell if this vital decision-making re-
source can be replenished now that France has a new political leadership. Until it is,
marathon negotiations will probably occur and package deals will emerge, but they
will be more and more difficult and the probabilities of failing to make needed deci-
sions or to meet deadlines will increase.
when you deal with areas of policy that have high political saliency, and where mone-
taryortradeorproduction values cannot be assigned. The general success the Commu-
nity has enjoyed to date in providing a rough equality of benefits and sacrifices may
bemuchhardertosustainin the future. Indeed, the necessity to maintain equivalence
in the short run may prove a barrier to further integration. Whether or not the Com-
munity can move to a system of long-term balancing of gains and losses will depend on
the extent to which events continue to push the member countries together and the
extent to which political leaders, elites, and mass publics in these countries come to
identify with and trust each other.
1 The Community institutional system is actually much more complex than this if we take into account all
of the ancillary bodies that have been set up for special purposes. They are not included here since they are
not essential to our purposes. For a partial listing and good, brief discussion see Richard Mayne, The Institu-
tions ofthe European Community (London: Chatham House, Political and Economic Planning, 1968). See
also W. Hartley Clark, The Politics of the Common Market (Englewood Cliffs, N.J.: Prentice-Hall, Inc.,
1967).
• After July 1, 1970, the membership will be reduced to nine. This is the number that was found most effi-
cient in the originalEEC Commission. The increase to fourteen came in mid 1967 as a result of the fusion of
theECSCHighAuthority, the Euratom Commission, and the EEC Commission into the present single Com-
mission. [Editor's Note: This reduction from fourteen to nine did take place on schedule.]
•For more extensive treatments see Ernst Haas, The Uniting of Europe, Kenneth Undsay, European
Assemblies (London: Stevens, 1966), Murray Forsyth, The Parliament of the European Communities (Lon-
don: Chatham House, Political and Economic Planning, 1964), and Leon N. lindberg, "The Role of the
EuropeanParliament~anEmer~EuropeanCommunity,"ini.awmakersinaChangingWorld,ed.Elke
Frank (Englewood Cliffs: Prentice-Hall, Inc., 1966).
• There is also a consultative body representing economic interest groups, the Economic and Social Com-
mittee.
5 Stuart A. Scheingold, "De Gaulle v. Hallstein: Europe Picks Up the Pieces," The American Scholar,
35 (Summer 1966), 478.
6 ForanexcellentdiscussionseeStephenHolt, TheCommonMarket: TheConflictofTheoryandProctice
(London: Hamish Hamiliton, 1967), Cbs. 4--a. For further details see Leon N. lindberg, The Political
Dynamics of European Economic Integration (Stanford: Stanford University Press, 1963), Cbs. 4, 5 and
passim
7 This discussionis based on Haas, The Uniting ofEurope, passim, and Lindberg, The Political Dynamics
ofEuropeanEconamic Integration, passim See also Haas, Beyond the Nation State, Ch. 5.
8 DavidEaston,ASystemsAnalysi8ofPoliticalLife (New York:John Wiley& Sons, Inc., 1965), p. 191.
9 Lindberg, Political Dynamics, passim, and Haas, The Uniting of Europe, passim
1°For some details see Nina Heathcoate, "The Crisis of European Supranationality," Journal of Common
Market Studies, 5 (1967); John Newhouse, Collision in Brussels: The Common Market Crisis of30 June
1965 (New York: W. W. Norton & Company, Inc., 1967); and Leon N. Lindberg, "Integration as a Source of
Stress on the European Community System," International Organization, 20 (Spring 1966 ).
Ann Van Wynen Thomas
A.J. Thomas, Jr.
From: Tlw Organization ofAmerican States, by Ann V. W. Thomas and A. J. Thomas, Jr., pp. 39-42, 63-
72, 79-80, 83-86, 89-92, 96, 101-110, copyright © 1963 by Southern Methodist University Press. Re-
printed by permission of the publisher.
109
110 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
The Inter-American Omference is the supreme organ of the Organization of American States.
It decides the general action and policy of the Organization and determines the structure and
functions of its Organs, and has the authority to consider any matter relating to friendly relations
among the American States. These functions shall be carried out in accordance with the pro-
visions of this Charter and of other inter-American treaties.
This wording seems to confer a vast and almost unlimited power upon the Inter-Amer-
ican Conference. In the past the functions of the hemispheric international confer-
ences were similar to those stated in Article 33, although they were not quite so broad.
Nor, in reality, are they as broad as they would seem from the wording of Article 33,
for the Charter itself sets out in some detail the policy of the organization as well as the
structure and functions of all of its organs. Moreover, amendments to the Charter must
be adopted at specially convened inter-American conferences and then ratified by
two-thirds of the number of states of the organization. 1 Previous conferences had not
been subject to such restrictions, for prior to the Ninth Conference the inter-American
organization was not treaty based. 2
Furthermore, despite the far-reaching competence set out in Article 33, limitations
are placed upon the powers of this assembly by the fact that it is, after all, a diplomatic
gathering and is thus limited by established rules governing such meetings. Actually,
the Charter in describing the competence of the Inter-American Conference places
emphasis on two principal functions. By its terminology the Inter-American Con-
ference is the organ to decide or to formulate general policy for the organization and to
act as its constituent body. 3
RULE-MAKING 111
Policy-making
Under its power to decide the general action and policy of the organization and to
consider any matter relating to friendly relations among the American states, the
conference has the power to study any question within the scope of the Bogota Charter
or other inter-American treaties as well as any other inter-American problem. 4
Through discussion at a conference the delegates may exchange viewpoints on the
interpretation of facts, on the interpretation of law, and on the best solution of prob-
lems. The powers of the conference are not limited solely to the realm of discussion,
for the conference is not restricted to mere debate. Discussions and considerations are
carriedoninorderto arrive atachoiceordecision by which the conference sums up the
debates or sets forth the consensus. The use of the word decide in Article 33 clearly
indicates this to be true, and the decisions at which the deliberations of a conference
arrive take the form of general treaties or conventions to be submitted to all member
states for ratification, or of declarations, resolutions, or recommendations to member
states or to the organs of the OAS. Moreover, in order to consider a matter or to arrive
at a decision on policy,itisnecessaryto obtain the facts and other information relevant
to the question at hand. Consequently studies may be initiated by the conference,
and reports and information may be requested of the appropriate organs of the OAS.
The injunction in Article 33 to the effect that the conference must exercise its func-
tions in accordance with the provisions of the Charter of Bogota and other inter-
American treaties creates no serious restriction upon the deliberative powers of the
conference to discuss, study, and recommend, for the existing treaty provisions run
the entire gamut of inter-American relations. Consequently the deliberations of a
conference may range over an enormous area. Prior to the Charter, the treaties which
were drafted at conferences and the resolutions, declarations, and recommendations
which were passed by conferences had set forth the great purposes and principles
now contained in the Charter and had defined the ends to be attained through indi-
vidual or collective action of the American republics in all fields of inter-American
co-operative endeavor. The continuation of this far-reaching competence is envi-
sioned by Article 33, and thus the deliberative powers of a conference extend to the
consideration of principles for the promotion of inter-American co-operation in the
political, legal, economic, social, and cultural fields.
Is the conference empowered to consider and recommend measures for the main-
tenanceof peace in a specific case of a dispute or situation in which an American state
becomes involved, which endangers hemispheric peace or otherwise disrupts friendly
relations? There would seem to be nothing to prevent a conference from so doing, in
view of the authority granted to consider any matters relating to friendly relations
among the American states. Prior to the adoption of the Charter of Bogota, however,
the International Conferences of American States seldom sought to settle an existing
dispute, a notable exception being the Chaco controversy between Paraguay and
Bolivia. 5 Nevertheless, the basic treaties of the OAS do not contemplate such action
as a usual function of the conference. In the first place, the regular conference meets
too seldom to exercise such a function efficiently, and, although an extraordinary
inter-American conference might be called, any inter-American conference is in
112 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
reality too unwieldy and time-consuming to be used as an organ for the settlement
of disputes. Second, the power contemplated for the Inter-American Conferences
seems to extend primarily to the establishment of general and permanent rules of
inter-American cooperation, not to decisions upon the course of action or special policy
for a specific emergency situation. Third, the American Treaty of Pacific Settlement
(the Pact of Bogota), also adopted at the Ninth International Conference of American
States, provides the procedures for the settlement of any disputes, including recourse
to the International Court of Justice, 6 that might arise among the American states
before they reach such a serious stage as to create a possible danger to the peace. And
finally, the conference is not granted power to take sanctions against states where a
dispute reaches such proportions as to endanger the peace and security of the con-
tinent. By the terms of the Inter-American Treaty of Reciprocal Assistance (the Rio
Treaty), adopted in 1947 and incorporated in the Charter of Bogota by reference in
Article 25, this power is specifically given to the Organ of Consultation or to the Pro-
visional Organ of Consultation-the Meeting of Foreign Ministers or the Council. 7
Nevertheless, the conference can interpret and construe the instruments of the inter-
American organization and can call the attention of the above mentioned organs to
situations likely to endanger the peace and security of the Americas. This it did at the
Tenth Conference when it declared the menace of international communism to be
such a danger. 8
Policy-making as legislation
Article 33 of the Charter of Bogota empowers the Inter-American Conference to
decide the general action and policy of the organization. The use of such words might
suggest that the Inter-American Conference is a legislative body for the American
community. It is not, however, a true legislative organ; it is a diplomatic assembly.
Consequently, the delegates to the conference obtain and must follow the orders and
instructions from their home governments; each delegation taking part in the confer-
enceis possessed ofone vote; the conclusions of the conference are ordinarily not bind-
ing on any state whose delegation dissents therefrom, even in the face of approval by
a majority vote; and, of high import, normally the labors of a conference require rati-
fication according to internal constitutional processes of each state before they es-
tablish a legal obligation in the international sense. Thus, to equate such a body to a
legislative assembly as known on the national level denies fact.
Nonetheless, it must be conceded-that the Inter-American Conference is in some
measure a rudimentary legislative organ which does bear a touch of resemblance to
a national parliament or legislature. It is the highest forum for discussion of all matters
within the scope of the OAS. It is a forum where problems of hemispheric importance
are debated, and its composition is a guarantee that each member state shall have the
opportunity to be heard. Furthermore, through the medium of the conference system,
inter-American legislation has been developed. 9 Through the drawing up of multi-
lateral law-making treaties and conventions which are signed by the delegates and
submitted for ratification to the member states of the organization, the conference
system has been and continues to be a device for international legislation among the
American nations. The final conclusions of many of the Inter-American Conferences
RULE-MAKING 113
form; but because of delays in ratification of such treaties or complete failure by some
states to ratify them, fundamental principles were soon incorporated instead into
conference declarations and resolutions, particularly in time of emergency. At the
Lima Conference of 1938, for example, not a single treaty was included in the final
conference documents. Rather the vital conclusions arrived at by the conference were
set forth in resolutions and solemn declarations. 19 By this process the difficulties in-
herent in the treaty method were avoided, the resolutions and declarations apparently
being intended to go into force and effect when signed by the conference delegation
of the consenting states. There is little doubt that the delegates to the conference
felt that all signing members would undertake to fulfill the commitments assumed
in the resolutions and declarations. 20
Still, the binding nature of resolutions or declarations has, from a juridical stand-
point, been open to controversy and doubt. A number of authorities take the position
that a mere conference resolution or declaration, no matter how strong the language
used therein, does not have the force of law as would be the case if the same language
were used in a ratified treaty. 21 It is claimed that resolutions and declarations at best
create only moral obligations, notlegal obligations. If this be true, then resolutions and
declarations cannot be equated with international legislation. On the other hand,
there is a strong body of authoritative opinion which declares that resolutions and
declarations are juridical in nature and have an obligatory force upon signatory na-
tions. This viewpoint is substantiated by the Act of Chapultepec signed at the Inter-
American Conference on War and Peace in 1945, wherein it is stated that the Ameri-
can states had been incorporating in their international law since 1890 certain basic
principles by means of conventions, resolutions, and declarations. 22 This statement
would seem to place resolutions and declarations on the same level as formal treaties,
for no distinction is made between the three. And, if true, it would mean that resolu-
tions and declarations which incorporate basic principles are in the same category as
treaties, and that, as a result, signatory states have obligated themselves to follow
a prescribed line of conduct. Thus in the inter-American system resolutions and
declarations of this sort are equivalent to international legislation.
Fenwick, noting the declaration of the Act of Chapultepec as well as the practices
of the American states which have often demanded compliance with principles
created by resolutions and declarations even to the extent of calling to account on
occasion nations which violate such principles, concludes that certain conference
resolutions and declarations are legally binding obligations upon signatory nations. 28
He therefore asserts that Inter-American Conference resolutions and declarations
are sources of international law. 24
United States Secretary of State Hughes was also of the opinion that resolutions
of an international conference, depending upon their wording and character, may be
considered as binding. As chairman of theWashington Conference on the Limitation
of Armaments, he observed:
... certain of the resolutions adopted by the committee, and on its recommendation adopted
by the Conference, are put in treaty form, and other resolutions are not put in that form. The
distinction is that those engagements which it is deemed require the sanction of a treaty are
RULE-MAKING 115
put in the form of a treaty and proposed for execution by the Powers. In other cases, the resolu-
tions are of a character not requiring such sanction in the form of a treaty, and are deemed to
be binding upon the Powers according to their tenor when adopted by the Conference. [Italics
supplied.] 25
resolutions are in lieu of or a second best substitute for a formal treaty agreement.
Had there been a definite intent to bind, the delegates would have resorted to the
more formalized instrument subject to ratification and, upon such ratification, the
juridical nature of the obligation would be beyond dispute. This argument is further
strengthened by the fact that certain principles which are of a contentious nature
at the time of a conference are deliberately placed in the form of declarations or reso-
lutions to avoid the possibility of a long delay in ratification or failure to receive any
ratification at all. 30 By proceeding along the declaration or resolution route, the con-
ferences indicate knowledge of a lack of juridical force as distinguished from moral
or persuasive character.
Theverymannerinwhichtheinter-Americansystemhasworkedinthepastdemon-
strates the lack of intention that these instruments should be tantamount to inter-
nationallegislation. Historically the desired rules of conduct have been formulated
and reformulated in succeeding conference declarations. After much repetition
through affirmation and reaffirmation in such resolutions or declarations, eventually
many of the principles were incorporated into formal treaties or conventions and
submitted for ratification. 31 Had the resolutions or declarations been regarded as
binding in and of themselves, the final step into formal treaty would have been un-
necessary. From this perspective, it may be said that the principles contained in inter-
American conference declarations and resolutions are exemplary of what the law
ought to be, as distinguished from the actual law itself which comes into being only
through a properly ratified treaty.
The most serious drawback to the contention that conference resolutions and
declarations are legally binding on signatory states is the fact that the ratification
of these instruments has not taken place. Although, as stated above, one group of
competent international authorities takes the position that an agreement which is
silent concerning ratification becomes binding upon signature, 32 most publicists,
while recognizing that ratification is not always essential to establish a legal obliga-
tion, hold that such an instance is the exception rather than the rule, and state that
international law regularly requires ratification unless the instrument expressly
provides that it will be binding upon signature alone. 33 In other words, ratification
is a necessary prerequisite to legal responsibility unless expressly dispensed with.
Under the internal laws of most of the nations of the Americas, it is indeed difficult
to escape this prerequisite of ratification, for the constitutions generally require that
treaties can only be ratified by the executive after such ratification has been autho-
rized by the legislative branch of the nation through consent and approval of one or
both houses. 34 If formation of a state's consent must under general international law
follow the constitutional requirements of its internal law, it becomes a matter of con-
stitutional law within each state whether any legally binding agreement may be con-
cluded without ratification by the executive and without the consent of the legislative
body. Under such an approach, a treaty which has not fulfilled the constitutional law
requirements of the signatory state, would be ipso facto invalid. 35
In the United States, in spite of the fact that the constitution specifically refers to
treaties as being made by the President, by and with the advice and consent of the
Senate, 36 many international agreements are made by the President or by govern-
RULE-MAKING 117
Fourth. That in order to facilitate the consultations established in this and other American
peace instruments, the Ministers for Foreign Affairs of the American Republics, when deemed
desirable and at the initiative of any one of them, will meet in their several capitals by rotation
and without protocolary character. Each government may, under special circumstances or for
special reasons, designate a representative as a substitute for its Minister for Foreign Affairs. 49
• Editor's Note: 1be authors further assert (p. 73) that even states which wte "no" on an "interpretive"
resolution might be ultimately bound to accept that interpretation through the principle of majority rule.
This, I think, is very unlikely to be asserted in practice.
120 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
With modem modes of transportation available, this agency could be called when
urgency required and assembled in a brief period so as to meet any pressing situation.
The conflict which menaced became actual in 1939, necessitating the calling of
three wartime Meetings of O:msultation at the crisis periods presented by the war
to the peace and security of the American continent. The first meeting was held in
Panama in 1939 after the GermaninvasionofPoland, 50 the second was held at Habana
in 1940 followingthefallofFrance, 51 and the third at Rio de Janeiro in January, 1942,
to cope with the situation created by Pearl Harbor and the entrance of several Ameri-
can nations into the war. 52 The fourth meeting was held in 1951, several years after
theendofWorld War II, and was occasioned by anew danger to the peace and security
of the hemisphere-the aggressive policy of international communism. 53 The fifth,
held in Santiago, Chile, in August, 1951, was an emergency conference convened to
consider Caribbean tensions brought about by political and military upheaval in that
area. The sixth and seventh were held at San Jose, Costa Rica, in 1960, to consider
charges of aggression by Venezuela against the Dominican Republic and the problem
of communist penetration into the hemisphere; and the eighth was held in January,
1962, at Punta del Este, Uruguay, to give attention again to the intervention of in-
ternational communism into the hemisphere by way of Castro's Cuba.... 54
It has been said that the Meeting of Foreign Ministers does not have the power to
alter the structure of the organization, and if it decides the policy of the organization
it does so for a specific emergency and not as a general and permanent rule, as does
the Inter-American Conference. Nevertheless, the results of the Fourth Meeting of
Consultation indicate that this is still a body with broad policy-formulating compe-
tency.
This meeting was held "to consider a problem of an urgent nature and of common
interest to the Americas." The emergency was the recently inaugurated Korean con-
flict and the growing threat of international communism. The "problem of common
interest" was the need for the adoption of measures to insure the political, economic,
and military defense of the hemisphere. 55
The thirty-one declarations, resolutions, and recommendations covered a wide
variety of topics butwereprimarilyconcerned with political and military co-operation,
internal security measures, and emergency economic co-operation. The Declaration
of Washington recognized the aggressive activities of international communism and
announced the determination of the American republics to remain steadfastly united
in the emergency, to maintain peace and security, and also to insure respect for the
fundamental freedoms of man. It expressed strong support of the United Nations as
themosteffectivemeansofmaintainingpeace, security, and well-being of the peoples
of the world. Other decisions taken included the support of the United Nations "Unit-
ing for Peace Resolutions"; Inter-American Military Cooperation, which placed
emphasis on the role of the Inter-American Defense Board in this respect; the Impor-
tance of Maintaining Peaceful Relations among the States; provisions concerning
military conscription of students (which recognized cultural advantages arising from
the exchange of scholars and recommended that military conscription should not
interfere with this exchange); Reaffirmation of Inter-American Principles Regarding
European Colonies and Possessions in the Americas; the Strengthening and Effective
Exercise of Democracy; strengthening of internal security through governmental
action and technical studies directed by the Pan American Union; Improvement of
the Social, Economic and Cultural Levels of the Peoples of the Americas (with special
reference to participation bythelnter-AmericanEconomicand Social Council and the
Inter-American Cultural Council); factors involved in economic development re-
latingto strategic materials, scarce essential products, allocations and priorities, prices
and transportation; and a draft resolution on the Statute of an Inter-American Court
of Justice, transmitted to the Council of the organization for study.
Here again was broad policy-making, and although the conclusions were confined
to what might be called "emergency" measures to meet the threat of international
communism, still many of these resolutions were of a general and permanent nature,
to deal with an emergency which seemed likely to continue for a long time.
The Fifth Meeting of Foreign Ministers, the second since the advent of the Charter
ofBogobi, took place in Santiago from August 12 to 18, 1959. The emergency situation
which necessitated that meeting was brought about by political unrest in the Carib-
bean, createdinlargemeasure by revolutionary fervor to overthrow dictatorships. 56
Confronted with a deteriorating situation, the Fifth Meeting was proposed by the
122 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
governments of the United States, Brazil, Chile, and Peru to consider the whole prob-
lem of current tensions of the Caribbean area with a view to the restoration of peace
and security, confidence, and friendly relations among the republics of the region by
co-operation through theOAS. Two principal problems-political unrest in the Carib-
bean and effective exercise of representative democracy in the Western Hemisphere
-were considered. Issues emanating from these two problems were non-interven-
tion, human rights, representative democracy, and the relation of economic develop-
ment to political stability. The Declaration of Santiago and twelve political resolutions
covering inter-American problems were formulated and signed at the conference.
The two most important documents were the Declaration and the Resolution on the
Inter-American Peace Committee.
The Declaration of Santiago expressed support for democratic institutions, con-
demned dictatorship, and stressed respect for human rights. It affirmed that the
American governments should be the product of free elections and that perpetuation
in power by force was incompatible with the effective exercise of democracy. The
Declaration also reaffirmed the doctrine of non-intervention. By so doing, it con-
demned foreign-based invasions to help overthrow the hemisphere's dictatorships.
More specific and special powers were granted to the Inter-American Peace Com-
mittee, which was assigned to inquire into Caribbean tensions, to investigate foreign-
based invasions and the reasons therefor, and toreporttotheEleventh Inter-American
Conference to be held in Quito. The committee was empowered to take action in the
performance of its assigned duties at the request of governments or on its own ini-
tiative, although in either case its activity was made subject to the express consent of
states involved if investigations had to be made in such states' territories. 57
The Sixth Meeting of Foreign Ministers, held at San Jose, Costa Rica, in 1960, did
not convene under the competency to consider urgent and common matters, but
rather as Organ of Consultation under the Rio Treaty. Immediately following this
Sixth Meeting, the Seventh Meeting was held at the same place, this one again under
the powers toconsiderurgentandcommon problems. The agenda covered four topics,
all related to the strengthening of continental solidarity in the face of extracontinental
intervention by the international communist movement. Some thirteen resolutions
were approved, the most important of which was Resolution I, which condemned
interventionorthreatthereofby an extracontinental power; declared that the accept-
anceofthethreat of extracontinental intervention by any American state endangered
American solidarity and security; and rejected the attempt of the Sino-Soviet powers
to make use of any political, economic, or social situation in an American state, since
such an attempt clearly endangered hemispheric unity and hemispheric peace. 58
Outside the realm of policy-making, does the scope of the phrase "problems of an
urgent nature and of common interest to the American States" permit the summoning
of a Consultative Meeting to consider any dispute or controversy between states which
would not fall within the terms of the Rio Treaty-i.e., one which would not threaten
theinviolabilityortheintegrityoftheterritoryorthesovereigntyorpoliticalindepend-
ence of an American state? It seems clear that it was not the intention of the delegates
to create under the urgency competency a body empowered to consider all disputes.
It was not contemplated that the meeting should be a court of summary jurisdiction. 59
RULE-MAKING 123
On the other hand, the term urgency is not limited to instances where there is a threat
to the peace, and a Meeting of Foreign Ministers could be utilized in instances where a
dispute took on an urgent character calling for prompt decision. Of course, the deci-
sion of the Meeting of Consultation in such a case would take the form only of a non-
binding recommendation of the disputants ....
Organ of consultation
Not only does the Meeting of Foreign Ministers gather to consider urgent problems
of common interest, but it also functions for the specific purpose of serving as Organ of
Consultation under the Inter-American Treaty of Reciprocal Assistance to decide
what action is to be taken in the field of security whenever a particular case arises.
Article 11 of this treaty specifies: "The consultations to which this Treaty refers
shall be carried out by means of the Meetings of Ministers of Foreign Affairs of the
American Republics which have ratified the Treaty, or in the manner or by the organ
which in the future may be agreed upon." The last clause of this provision was placed
in the article so that it would not bind the forthcoming reorganization which took
place at the Ninth Conference. 60 The Ninth Conference confirmed Article 11 by
providing that the Meeting of Foreign Ministers should serve as the organ of consul-
tation. 51
There was some controversy at the Rio Conference as to what agency should be
made the forum for consultation and decision under the treaty. It was suggested that
consultation should be carried out through the Governing Board of the Pan American
Union, or that a special organ should be created. 62 In view of the fact that the action
contemplated by the treaty was most serious in character, the final decision was that
the consultation should be carried out by the top spokesmen for foreign affairs of the
American states, 68 although Article 12 granted to the Governing Board of the Pan
American Union the power to act as Provisional Organ of Consultation until the
Meeting of Foreign Ministers as Organ of Consultation could take place.
In its role as Organ of Consultation under the provisions of the Rio Treaty, the func-
tion of the Meeting of Ministers of Foreign Mfairs becomes executive in nature, to
the extent that it is charged with the enforcement of peace in the hemisphere.
Article 3 of the Rio Treaty requires that the Organ of Consultation shall meet with-
out delay in the event of an armed attack by any state against an American state, in
order to agree upon the measures of a collective character that should be taken by the
American states. Article 6 of this treaty is broader in its requirement of consulf:i!tion,
for it requires a meeting of the Organ whenever the inviolability or the integrity of the
territory or the sovereigntyorpoliticalindependenceof any American state is affected
by an aggression which is not an armed attack, or by an extracontinental or intra-
continental conflict, or by any other fact or situation that might endanger the peace
of America. The Organ of Consultation is called upon in case of aggression to agree on
measures whichmust be taken to assist the victim of the aggression, or, in any case, the
measures which should be taken for the common defense and for the maintenance of
the peace and security of the continent.
Article 43 of the Charter of Bogota, in line with the Rio Treaty, requires a Meeting
of Consultation to be held in case of an armed attack within the territory of an Amer-
124 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
ican state or within the region of security delimited by treaties in force. This article
refers only to situations arising under an armed attack. Article 25 of the Charter,
however, is broader and includes all the situations which may arise under the Rio
Treaty. The latter article incorporates the Rio Treaty, and thus the Meeting of Con-
sultation acts as Organ of Consultation under all the circumstances set forth in the
Rio Treaty and not merely in the event of an armed attack. 64
This organ is then intended as the enforcement or police agency of the OAS, en-
trusted with the power to order the member states to take the collective measures
or sanctions provided for in the Rio Treaty in thefieldof security whenever a particular
case arises. It has the power to decide the collective coercive measures which are to
be taken by the member states in any dispute or situation that reaches such a serious
stage as to create a danger to the peace. 65 Its decisions in situations arising under
Articles 3 and 6 of the Rio Treaty are legally binding upon the members. In conse-
quence members may be called upon to participate in enforcement actions in the
event of violations of or threats to the peace with the exception that a member state
may not be compelled to use armed force. The obligatory effect of the decisions of
the Consultative Organ is borne out by Article 20 of the treaty, which declares: "Deci-
sions which require the application of the measures specified in Article 8 shall be
binding upon all the Signatory States which have ratified this Treaty, with the sole
exception that no State shall be required to use armed force without its consent."
Therefore when two-thirdsofthevotingmembersat a Meeting of Consultation decide
that the chiefs of diplomatic missions should be recalled from a country, or diplomatic
or consular relations broken, or economic relations, transport, or communications
interrupted, each of the parties is bound to carry out the decision even though it may
have voted against it. The Organ of Consultation may also decide that the sanction
necessary in thesituationis the use of armed force. Although no state may be required
to use armed force, this does not affect the validity of a decision by the organ to use
armed force. It simply permits each state to decide of its own free will to employ this
punitivemeasureinaccordancewiththedecision. Any such use after a decision by the
organ would, of course, be legal if in harmony with the United Nations Charter. 66
Voting provisions in international bodies and the obligatory effect of decisions
reached by such agencies on the participating states have long been troublesome
problems. With the extension of international co-operation, nations have often
assumed that the principle of equality of states required equality of representation
and unanimity in reaching all important decisions. Such an assumption has made
organized co-operation exceedingly difficult, if not well nigh impossible.
Prior to the Rio Treaty, the Meeting of Foreign Ministers proceeded for the most
part in accordance with the assumptions springing from the state equality doctrine.
Equality of representation was maintained. A slight departure was made in that deci-
sions were as a rule taken by majority vote, but, in practice, unanimity was always
sought and usually obtained, and, in any event, a decision of the Meeting was con-
sidered binding only upon concurring states. 67
When the time came to create a system of collective security for the hemisphere
based upon a definitive treaty, practical effectiveness of such a system demanded a
change. Collective security would be but a myth if any sort of unanimity of voting
RULE-MAKING 125
Board indicated that the measures agreed upon by a two-thirds vote in the Organ of
Consultation should be obligatory on all contracting parties, an adjustment was made
under the terms of the treaty. The obligation was accepted to comply with decisions
of two-thirds of the parties of put into effect the punitive measures enumerated in
Article 8, with one exception-no state may be required to use armed force without
its consent. . . .t>
THE COUNCIL
The Council is the permanent executive organ of the OAS and is endowed by the
CharterofBogobiwithimportantpowers of a political, supervisory, and co-ordinating
nature.lt is the successor of the former Governing Board of the Pan American Union,
which was created in 1902 to supervise the management of the International Bureau,
later the Pan American Union, and which was joined together with the administrative
offices of the Pan American Union as a single composite body. As the Governing
Board of the Pan American Union, this body is one of the oldest organs of the organ-
ization. A principal change effected by the Chapter was to separate the Governing
Board from the Pan American Union and to change its name .... 75
states and between these states and the United Nations in all matters concerning
the treaty.
Although the Rio Treaty granted carte blanche authority for future change in the
Organ of Consultation and the Provisional Organ, 76 the Charter of Bogota in its re-
organization of the inter-American system continued these two agencies in their re-
spective positions as articulated by the former treaty, with the Governing Board of
course becoming the Council. Article 52 of the Charter bears this out in part, in these
words: "The Council shall serve provisionally as Organ of Consultation when the cir-
cumstances contemplated in Article 43 of this Charter arise."
Article43 refers to the case of an armed attack only, which is but one of the situations
contemplated in the Rio Treaty-that set forth in Article 3. To find authorization for
the Council to act provisionally in situations other than armed attack, i.'3., those sit-
uations set forth in Article 6, it is necessary to direct attention to Article 25, which by
its language incorporates the provisions of the Rio Treaty by reference. 77 Therefore,
the Council is empowered to act provisionally in all of the situations contemplated in
the Rio Treaty. The provisional competence granted is in recognition of the fact that
in certain cases measures of collective security may be urgently necessary and cannot
await the delay involved in the actual convocation of the non-permanent agency,
the Meeting of Foreign Ministers. 78
It may then be reasonably concluded that once the Council sets itself up as Provi-
sional Organ of Consultation by the assumption of jurisdiction over a case arising
under the Rio Treaty, its competence is identical to that of the Meeting of Foreign
Ministers, although from a literal interpretation of the basic instruments this is an
interim competence enduring until the foreign ministers can assemble. 79 In such
instances its powers of settlement are the same. It may determine which of the states
that are parties to the dispute is the aggressor; insofar as two contending American
states are concerned, it can call upon them to suspend hostilities; it can call upon these
states to take other necessary measures to re-establish and maintain inter-American
peace and security and to solve their conflict by peaceful means; and it can call for
the application of sanctions, including the use of armed force. Moreover, the Council
as Provisional Organ can, in order to ascertain the facts in the case, request information
orcarryoutits own investigations through the use of committees which may be sent to
thesceneoftheconflictor aggression. That the Council has these broad powers is made
clear by its actions in the actual cases which have arisen before it. In those cases it has
requested additional information from the contending parties; has sent investigating
commissions to the countries involved to obtain on-the-spot information; has ordered
the disputants to abstain from further hostilities; has called on each government to
eliminate conditions which led to the dispute; and has made other specific recom-
mendations to them for settling the issue. The Council has requested the American
governments to place at the disposal of the investigating committee aircraft to make
pacific observation flights over the regions affected by the dispute, and in the Cuban
missile crisis even recommended the use of armed force. 80
Not only does the Council as Provisional Organ have the competence assigned to a
Meeting of Foreign Ministers, but it can be asserted that the measures taken in that
capacity are valid measures not subject to later ratification by the foreign ministers
128 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
as a condition of their legality. This is brought out in the proceedings of the 1947 Con-
ference for the Maintenance of Continental Peace and Security, where it was stated
that the resolutions adopted by the Provisional Organ are not themselves provisional
so as to require future ratification, although the Meeting of Foreign Ministers may
revokeormodifyresolutionsofthe Council when and if such a Meeting is convened. 81
Neither the Council as Provisional Organ nor the Meeting of Foreign Ministers as
Organ of Consultation is empowered to settle every dispute among the American na-
tions. Read hastily, the terms of Article 6 might seem to confer an almost unlimited
jurisdiction by permitting action whenever the peace of the Americas is threatened.
It would follow, if this were true, that any dispute at almost any stage might threaten
peace. Upon more careful scrutiny, however, it will be seen that Article 6 not only
requires, prior to an assumption of jurisdiction, an aggression or situation that en-
dangers the peace, but also requires that this aggression or situation affect in some
way the inviolability or the integrity of the territory or the sovereignty or political
independence of an American state. Such a literal interpretation was given to the ar-
ticle in the Haiti-Dominican Republic case of 1949 when Haiti charged an aggression
of amoral order against the Dominican Republic. The Council decided not to convoke
the Organ of Consultation in part on the ground that the dispute did not affect the
inviolability or the integrity of the territory or the sovereignty or the political inde-
pendence of Haiti. 82 The Council is not a court to decide each and every case which
might be presented to it by the member states. Atcertainstagesof a dispute it is incum-
bent upon the parties to resort to negotiation or some procedure of pacific settlement.
Nevertheless, any dispute, even though it concerns a purely legal question such as a
violation of a rule of international law or the breach of a treaty, might well reach a
stage whereby a situation is presented which would fall within the terms of the Rio
Treaty. At that point the Council may step in to take measures to maintain or restore
peace.
Once the Council takes cognizance of a case and constitutes itself as Organ of Con-
sultation, its competence, as discussed above, is plain; but there is an area where its
competence is shadowy and not clearly set forth by the provisions of the applicable
treaties. This clouded area concerns the Council's power when a case is presented to
it but prior to its determination to convoke a consultative meeting; i.e., what are the
Council's powers between the time of the presentation of a case to it and the issuing
of a convocation? It is manifest that the Council has no power in this preliminary stage
to take action as to the substance of the dispute. 83 Nevertheless, it would appear in-
disputable that doubtful cases can occur, so that the Council may have to establish
certain facts in order to determine whether there actually exists one of the situations
contemplated in the Rio Treaty, making convocation necessary. To determine these
factsitmustpossess power to obtain information, even to the extent of undertaking an
investigation of its own before calling the Organ of Consultation or constituting itself
as such provisionally. 84
The contention has been made that the Council is required to convoke automati-
cally when a member state requests it to do so and invokes Article 3 or 6 of the Rio
Treaty; that the Council is not required to determine whether the circumstances
alleged bythecomplainingmembercomewithin the purview of the treaty. To support
RULE-MAKING 129
indulge in extended discussion and debate; it can request information from the
parties; and it can conduct its own investigations by appointment of investigating
committees which may conduct their investigations at the scene of the alleged aggres-
sion. To take a contrary view could make for an unintelligent decision to convoke and
could give rise to possible consultations unjustified and improper under the terms of
the Rio Treaty.
Although an investigative power prior to convocation appears beyond dispute, the
Council has been hesitant to use it. In no case arising before it has the Council con-
ducted a thoroughinvestigationofits own at this stage. In most of the cases the Council
has proceeded to call a Meeting of Foreign Ministers sine die, and constituted itself as
provisional organ after a rather summary presentation of the facts. Not until it had
declared itself provisional organ did it actually send out investigation committees to
obtain on-the-spot, accurate, and complete information. Its proceeding in this manner
has been criticized on the grounds that it would have been more logical to investigate
all the facts first to ascertain if they warranted consultation. The criticism is particu-
larly apt in view of the fact that the Council accepted the charges of violation after a
summary investigation which convinced it that the situation was of sufficient gravity
to justify it in constituting itself as provisional organ, but at the same time the Council
indicated that the situation was not of such seriousness to warrant an actual convoca-
tion of foreign ministers, for it did no more than provide a pro forma convocation; i.e.,
itcalledaMeetingofForeignMinisterswithout setting a date or place. This procedure
implies a beliefon the part of the Council that it has no power of an investigative char-
acter until it has convened as provisional organ. It further indicates that the Council
is not empowered to act provisionally until it has proceeded to call a Meeting of the
Organ of Consultation, even in instances where the Council apparently is of the opin-
ion that there is no necessity for an immediate convocation of the foreign ministers.
It is manifest that the Council qua Council possesses investigative competence in
the preliminary state. But the answer to the second issue, that of convocation of the
foreign ministers as prerequisite to Council provisional action, is not so clear. Article
12 of the Rio Treaty declares that the Council may act provisionally until the meeting
of the Organ of Consultation takes place. Htaken in conjunction with Articles 3 and 6,
which require the Organ of Consultation to meet without delay or immediately, there
may be an indication here that the Council must call a Meeting of Foreign Ministers
before it can act provisionally. In addition, it is clear from the debates at the Rio Con-
ference that the Meeting of Ministers is to be the normal organ of consultation. Be-
causeofthefearthatthe CouncilmightsupersedetheMeeting,Article43 was inserted
in the Bogota Charter, requiring a meeting to be held without delay upon the convo-
cation of the chairman of the Council in case of armed attack. 87 Nevertheless, the fact
that the Meeting of Foreign Ministers is the normal organ of consultation does not
mean thatitis to be the forum in all cases. This issue as to the essentiality of a Meeting
in all situations was left in some confusion by the debates, but from an examination of
the proceedings of the Rio Conference, the conclusion can be reached that a Meeting
of Foreign Ministers would not always be warranted. For example, one delegate
states:
RULE-MAKING 131
. . . in practiceitwill happen that in ninety per cent of the cases the provisional character attrib-
uted to the intervention of the Governing Board of the Pan American Union will extend to the
complete solution of the disputes, whenever the latter are not of the type to justify the Meeting
of Foreign Ministers. 88
The relator for the Third Onnmittee, which recommended Articles 11 and 12,
declared:
... as supreme organ of consultation we have established the Meeting of Foreign Ministers.
TheOnnmitteeisnotunmindfuloftheexcellence ... oftheGovemingBoard ... butconsiders
that the unleashing of active measures ought to be the direct responsibility of the Governments
... The Governing Board ... will have to assume the role of Organ of Consultation in cases of
inevitable urgency, or in others in which the subject matter, without being insignificant, does
not justify the Meeting of Ministers. 89
This language makes it plain that a Meeting of the Organ of Consultation would not
always be considered essential. Still, the Council has proceeded in actual cases as if
itisalwaysincumbentuponitto call a Meeting of Foreign Ministers before provisional
action can be taken. It has, however, reached the same result in many of these cases
asifithadnevercalled theMeetingofForeignMinisters, for it has only gone through
the form of calling a meeting and then, acting provisionally, has dealt with the prob-
lems presented and solved the controversy by acting exactly as the Organ of Consul-
tation. Because of the expense involved in an actual Meeting of Foreign Ministers and
the inconvenience to the ministers themselves, the Council would seem justified in
conducting itself in such a manner on the ground of expediency in a situation which
is not so grave and urgent as to warrant a convocation and which can be settled by the
provisional organ itself orin instances where the urgency is so immediate and vital that
delay cannot be permitted. Nevertheless, by proceeding in this way, it would seem to
contravene the language of the Rio Treaty which requires an immediate meeting. 90
Since any agency necessarily must possess authority to pass upon the scope of its
own competence in the first instance, the Council's interpretation which apparently
requires a constituting of itself as provisional organ before it can act under the Rio
Treaty, and, further, which requires at least a pro forma convocation of the Meeting
of Foreign Ministers when it constitutes itself provisionally, will stand as correct until
challenged and disavowed by a superior organ-the Inter-American Conference or
a Meeting of Foreign Ministers. 91
It must be emphasized that this interpretation by the Council of its powers is the
most important event that has taken place in the field of collective security of the
OAS.It often makes the Council the real political executive of the organization, for in
most cases presented to it and accepted by it the Council, upon convening provi-
sionally, has called a Meeting, but failed to fix a time and place of meeting. It has then
proceeded tosettlethedisputeand to cancel the Meeting. In the case of the 1954 com-
munist menace in Guatemala the Council did see fit to call a Meeting of Foreign Minis-
ters and to set a time and date. In this instance the Council did not constitute itself
as provisional organ. It never became necessary to hold the Meeting and it was post-
132 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
poned sine die because the danger to the peace and security of the continent by com-
munist infiltration was allayed by the success of the revolutionary junta and its acqui-
sition of power as provisional government of Guatemala. 92
In the 1960 conflict between Venezuela and the Dominican Republic the Council
once again saw fit to convoke a Meeting of Foreign Ministers, and again the convoca-
tion was not pro forma, for a time and place for the Meeting was set. At this Meeting
of Foreign Ministers enforcement measures under Article 6 of the Rio Treaty were
unleashed against the Dominican Republic on the grounds of that nation's aggression;
while at the Eighth Meeting of Consultation in 1962, the Foreign Ministers were
actually convened by the Council, and theMinisterssawfittoimposean arms embargo
upon Cuba and toexcludeCubafrom participation in the OAS -a sanction or measure
not specifically provided for in inter-American instruments, but voted by a two-thirds
majority on the ground of Cuban incompatibility with the inter-American system. 93
The words of the relator of the Third Committee mentioned above in effect de-
scribe the Council's authority. In the light of that language coupled with the practices
of the Council to date, the following conclusions can be drawn:
In a case "in which the subject matter, without being insignificant, does not justify
theMeetingofMinisters," the Council will proceed as it has been doing by constituting
itself provisionally and calling for a pro forma convocation only. In those situations of
armedattackorofotherextremely serious nature, particularly where "the unleashing
of active measures" in the form of sanctions may be thought to be necessary, an actual
Meeting of Consultation will be called, although in situations not admitting of delay
the Council can clearly take all necessary measures to deal with the problem until the
Meeting of Foreign Ministers can convene. This latter case was well exemplified by
the Council's action during the Cuban missile crisis of October, 1962 (discussed in
Chapter XVII), when, because of extreme urgency, the Council acting as provisional
organ recommended individual and collective measures, including the use of armed
force, to defend the Americas against the threat of nuclear attack.
. . . The Council is not invested by the Charter or by any other juridical instrument with power
to take upon itself the study of questions arising in connection with the observance or interpre-
tation of any international obligations, except when, under the circwnstances envisaged in the
Rio Treaty, such questions reach the stage where they represent a real threat to the peace of the
continent. loo
be decided by the Council or by one of the two higher organs. The United States mem-
ber also stated thatitwould beundesirabletodrawuprigidrules concerning the Coun-
cil's competence, for its competence depended not only on the subject matter of the
case at hand, but also on the circumstances under which it was raised. Further, it was
asserted that any government had the right to bring any question it desired to the
Council, and any case presented merited a fair hearing as to whether Council action
was authorized. 101
The power of the Council to study questions arising in connection with the obser-
vance or interpretation of international obiligations is limited to discussion and in-
vestigation to determine the justification for calling of a Meeting of Consultation. In
the asylum case, the Council could clearly have discussed the problems involved even
though such discussion would perforce have concerned an issue of international
obligation -the right of asylum. The discussion, however, would have to be centered
around the one question-whether the situation was of a nature of sufficient urgency
and common interest to have justified a meeting. 102
Here, as in those situations requiring discussion and investigation under the Rio
Treaty, prior to the Council's constituting itself as provisional organ, a broad power
ofinquirymustexist, even though, incidentally, in the course of the inquiry, the Coun-
cil may find a violation of customary or conventional international law, and even
though the investigation, again incidentally, may have the effect of bringing about a
withdrawal of the request for a Meeting of Consultation.
The Council may not under this power of inquiry, in this instance, decide the merits
ofthecaseand pass judgment in the form of a decision on the parties, nor can it recom-
mend any action to be followed by the parties. The investigations are held only to de-
termine if the meeting should be held under Article 39. 103 Any recommended action
other than a decision as to the need for holding the meeting must come from the Meet-
ing of Foreign Ministers. Only if the situation is one falling within the terms of the Rio
Treaty, which threatens the peace of the Americas and which meets the other condi-
tions required by the treaty, can the Council make decisions and order the parties to
take measures to maintain or restore the peace.
Non-political functions
Not only does the Council exercise political functions under the Rio Treaty and the
Charter, but the latter instrument grants it diverse authority in non-political fields. 104
The Charter grants to the Council a wide supervisory function, i.e., the power of con-
trol and regulation of other organs and agencies of the OAS. Article 51 imposes upon
it responsibility for the proper discharge by the Pan American Union of the duties
assigned to that body. The Council also must approve the administrative structure of
the Pan American Union, and it sets general personnel standards. 105 Moreover, the
Council elects the secretary general of the organization 106 as well as the assistant
secretary general, 107 and may, by a two-thirds majority vote, remove either officer. 108
It directs the Pan American Union in the promotion of economic, social, juridical, and
cultural relations among all the member states. 109 The Council, then, like its predeces-
sortheGoverningBoard,is charged with the surveillance of the Pan American Union.
Although the three organs of the Council-the Inter-American Economic and So-
RULE-MAKING 135
cial Conncil, the Cultural Conncil, and the Conncil of Jurists -are granted technical
autonomy, 110 still they are subject to the general supervisory power of the Conncil.
The Conncil formulates their statutes, but not their regulations. 111
The Conncil also has important duties in relation to the Specialized Organizations.
Article 53 directs the Conncil to draft and submit to the governments proposals for
the creation of new specialized organizations or for the combination, adaptation, or
elimination of existing ones; to draft recommendations for the co-ordination of their
activities and programs after consultation with them; and to conclude agreements
with such specialized organizations which will determine the relationship between
them and the organization.
Not only does the Conncil have responsibility to co-ordinate the inter-American
specialized organizations, but among its fnnctions of co-ordination and collaboration
arealsothepowers to draft recommendations to the governments for the co-ordination
of the activities and programs of the Inter-American Conference and the Specialized
Conferences; to conclude agreements for co-operation with other American organiza-
tions of international standing; and to promote and facilitate collaboration between
the OAS and the United Nations and between the Inter-American Specialized Or-
ganizations and similar international agencies. 112
The financial duties of the Conncil concern its responsibility for budgetary arrange-
ments of the Pan American Union. Article 54 calls upon the Conncil to establish bases
for fixing the quota which each member is to contribute toward the maintenance of
thePanAmerican Union. In establishing these bases, it is required to take into acconnt
the ability of each nation to pay and the determination of eachconntry to make a contri-
bution in an equitable manner. 118
TheConncil prepares its own regulations 114 and the program and regulations of the
Inter-American Conference and the Meeting of Consultation. 115 It fixes the time for
the Inter-American Conference, 116 and if such Conference cannot be held at the place
designated, designates a new place. 117 The Conncil, along with certain other organs,
may call for a meeting of a Specialized Conference. 118
Finally, the Conncil has fnnctions in the field of pacific settlement of disputes as
provided in the Pact of Bogota.
1 Art.111, Charter of Bogota.
• For discussion of the Inter-American Conference, see lleras, ''Report on the Ninth International Con-
ferenceofAmericanStates,"IAnnalsofOAS 1 pp.33-34 (1949); The Report of the Delegation of the United
States, Nintlilntemational Conference of American States, Bogota, Colombia, March SO-May 2, 1948, pp.
17-19; Whitaker, "Development of American Regionalism: The Organization of American States," Inter-
national Conciliation, No. 469 March, 1951, pp. 139-140.
• Charter of Bogota, Arts. ,'33 and 111.
4 Id., Art. 33.
5 The question of establishing peace between Paraguay and Bolivia was discussed at the Seventh Con-
ference in 1933 and the conference activities aided in bringing about an armistice of short duration between
the belligerents. See "Resolution LXIX, Peace in the Chaco, Seventh International Conference of American
States,"InternationalConferencesof American States, 1st Supp.l933-1940 (1940), p. 84. See also Wilgus,
The Development of Hispanic America, p. 755 (1941).
• The Report of the Delegation of the United States, Ninth International Conference of American States,
Bogota, Colombia, March SO-May 2, 1948, p. 186 et seq.
7 RioTreaty,Arts.3,6,8, 11, andl2.
8 "XClll, Declaration of Solidarity for the Preservation of the Political Integrity of the American States
against the Intervention of International Communism," The Report of the Delegation of the United States,
Tenth Inter-American Conference, Caracas, Venezuela, March 1-28, 1954, p. 157.
136 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
respect. ill Antokoletz, op. cit. supra note 26, p. 257. Accioly and Podesta Costa are in accord. ll Accioly,
op. cit. supranote26,p.437 ;IPodestaCosta,op. cit. supranote21,p. 373. Oppenheim is generally in accord
althoughhe recognizes certain exceptions. I Oppenheim, op. cit. supra note27, p. 906.
84 Ratificationisactuallyaprocedurecarriedoutbytheexecutivepowerofastate, usuallythe head of state.
However, because of constitutional requirements necessitating consent or approval of the legislative body
thetenn "ratification" has been sometimes used to describe the action of the state. Some authors, therefore,
call ratification by the executive international ratification and the approval by the legislative organ of the
state constitutional ratification. Blix, supra note 27, p. 352.
85 Thisviewhascomeintointernationallawinthetwentiethcentwyandsomestilldoubtthatinternational
law requires approval of a treaty by the legislative branch to render the treaty valid. See for example Fitz-
maurice, "Do Treaties Need Ratification?" XV Brit. Y. B. Int. L. 113 at 134 (1934). See also McDougal &
Lans, supra note 27, p. 323-31. Jessup is of the opinion that the constitutional law of the state determines
whether an agreement comes into force without ratification. Jessup, op. cit. supra note 27, p. 126. Jones
takes the position that if the constitutional law of the other contracting party requires ratification the treaty
cannot be invoked unless ratification has been forthcoming. Jones, op. cit. supra note 26, p. 133. Fenwick,
op. cit. supranote12,p.436,statesthatamajorityofwritersbelieve that a treaty which has not been ratified
with observance of constitutional requirements is invalid.
86 Constitution of the U.S.A., Art, ll, Sec. 2.
87 Their constitutional validity is well established by the Supreme Court of the United States in such cases
as U.S. v. Behnont,301 U.S. 324 (1937) and U.S. v. Pink, 315 U.S. 203 (1942). McDougal and Lans, supra
note 27, point out, p. 324, that U.S. adherence to international organizations in the past was almost always
carried out by executive agreements. At p. 272 they say that declarations of Inter-American Conferences
which attempt to create obligations have been treated as executive agreements with no submission to the
U.S. Senate.
88 See Schwartz, American Constitutional Law 107-S (1955).
89 I Oppenheim, op. cit. supra note 27, p. 906.
40 McDougal&Lans, supra note 27, p. 320 seem of the opinion that under U.S. practice ratification by the
Presidentisgenerallynecessary, but that it may be informal and no particular fonnneed be followed.
Blix, supra note27, p. 357, speaks to the effect that the consent of the parties can be established not only
by formal ratification by the executive, but also by proclamations, by publication, or by an exchange of tele-
grams or of notes.
However ,ratificationmaynotcomeabout in a tacit manner, i.e., arising from implication by the inactivity
of the state. It would seem that a ratification must be in writing, expressing confirmation of the treaty, and
havefinality.Jones,op.cit.supranote27,p.357.Acciolycommentsthatratificationcanbetacit, but through
unequivocal acts such as a becinnin2of execution of the treaty. IAccioly, op. cit. supra note 26, p. 411.
Gomez
41 For discussion, see Ot3Iora, "Treaties and Executive Agreements in Latin America" (Unpub-
lished Comment, 1959).
Most jurists of Latin America seem to believe that international agreements are subject to legislative ap-
provalforvalidity.Forexample,TenaRamirezinhiswork,DerechoConstitucionalMexicano(3rded1955),
states emphatically, p. 420 that executive agreements are subject to the approval of the Senate because the
Mexican Constitution, unlike the Constitution of the United States proviaes that the Senate shall have this
power not only in connection with international treaties but also in connection with any "diplomatic con-
vention."
However, Antokoletz recognizes that not all international agreements require legislative approval in
Argentina. Such approval is necessary for all such agreements that directly or indirectly affect a constitu-
tional principle or that create new international obligations, or that pertain to public monies. mAntokoletz,
op. cit. supra note 26, p. 258.
Podesta Costa asserts that since 1930 the executive power of Argentina has ratified certain international
agreements without congressional consent when such agreements do not concern matters essentially legis-
lative in character. IPodestaCosta,op. cit. supra note 21, p. 374, f.n. 1.
42 See I Podesta Costa, id., p. 30.
48 "Report of Committee on Customs Regulations Bureau of Information, First International Conference
of American States," International Conferences 1889-1928, op. cit. supra note 33, p. 36.
•• Schmeckebier, International Organizations in which the United States Participates, p. 78-79 (1935);
Kunz, "The Pan-American UnionintheFieldoflnternational Administration," 31 IowaL. Rev. 58, p. 76-79
(1945); McDougal& Lans, supra note 27, p. 271.
If this resolution was ratified by a mere exchange of notes by the Foreign Ministers of the republics only
and with no submission to the legislative branches for approval, it lends force to an argument that executive
agreements are recognized in Latin America.
45 Supra note 43, p. 39.
•• SeeiPodestaCosta,op. sit. supra note 21, p. 30.
47 Art. 39, CharterofBogota.FordiscussionofthisorganseeLleras,supranote 2, pp. 33-36; Kunz, "The
Bogota Charter of the Organization of American States," 42 Am. J. Int. L. 568 (1948), pp. 575-576; Report
ofDelegationofU.S.A.,NinthConference,op. cit. supra note 2, pp. 17-19; PAU, Handbook for Delegates
138 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
to the Ninth International Conference of American States, Bogota, Colombia, March 30, 1948, pp. 30-S1
(1947). Historical background of the procedure of consultation and the consultative organ is discussed in
Blackmer, UnitedStatesPolicy and.tfw Inter-American Peace System1889-1952, pp. 71-106 (1952); Ball,
TheProblemoflnter-American Organization, pp. 52-69 (1944).
••International Conferences, 1st Supp., op. cit. supronote 5, p. 188.
49 Id., p. 309.
50 PAU, Report on the Meeting of the Ministers of Foreign Affairs of the American Republics, Panama,
September23-0ctober3, 1939 (Cong. & Con£. Series No. 29, 1939).
51 PAU, Report on the Second Meeting of the Ministers of Foreign Affairs of the American Republics,
Habana,July 21-SO, 1940 (Cong. & Con£. Series No. 32, 1940).
52 PAU, Report on the Third Meeting of the Ministers of Foreign Affairs of the American Republics, Rio
de Janeiro, January 15-28,1942 (Cong. & Con£. Series No. 36, 1942).
53 "Fourth Meeting of Consultation of Ministers of Foreign Affairs, Washington, D.C., March 26 to April
7, 1951," 3 Annals of OAS 126-57 (1951).
54 On the Santiago Meeting, seeXIlDept. StateBull.136, 299, and342 (1959); on the San Jose Meetings
seePAU, 1960 AnnualReportoftheSecretaryGeneraloftheOAS 16 (1961); on the Punta del Fste Meeting
seeXLVDept. StateBull.,pp.1069-1071 (1961);N.Y. Times,}an.26,28,31,Feb.1,4 (1962).
55 On the Fourth Meeting see supro mte 53. And see Fenwick, ''The Fourth Meeting of Consultation of
MinistersofForeignAffairs," 45 Am.}.lnt.L. 335 (1951).
56 See"U.S. SupportsCallforMeetingofOASForeignMinisters,"XIlDept. StateBull.128 (1959).
57 ''Declaration of Santiago," XIl Dept. State Bull. 342 (1959); "Resolution on Inter-American Peace
Committee," XIl Dept. State Bull. 343 (1959).
58 On the Sixth and Seventh Meetings see PAU, Annual Report of the Secretary General1960, pp. 6 et
seq. (1961).
59 See infra pp. 126-7 et seq. on powers of Council.
60 See Report of the Delegation of the U.S.A, Inter-American Conference for the Maintenance of Con-
tinental Peace and Security, Quitandinha, Brazil, August 15-September2, 1947, p. 29 (1948).
61 Art. 39, Charter of Bogota.
•• See Report of Delegation of the U.S.A, Confermce for the Maintenance of Continental Peace and
Security, op. cit. supro note 60, pp. 28-29.
63Jbid.
64 ReportofDelegationofU.S.A,NinthConference,op. cit. supramte2, p. 22.
65 See infra pp. 264-69 on collective security. [Editors Note: these pages (264-269) of the original work
are not included in this excerpt.]
66 See supra pp. 48-58, andinfrapp. 269-71. (Editor's Note: 11lese pages of the original work are not in-
cluded in this excerpt.]
67 On voting in Inter-American assemblies, see Fenwick, ''The Voting Procedure in Inter-American Con-
ferences," 19481nter-American}uridical Y.B. 91, and see PAU, Report of the Director General on theRe-
sultsoftheConference(lnter-AmericanConferencefortheMaintenanceofContinentalPeaceandSecurity)
pp. 48-49 (1947).
68 PAU, Consultation on the Principal Points of the Treaty to be Signed at Rio de Janeiro 2 (194 7).
89 All but Argentina, which desired a unanimous vote, and Uruguay, which favored a majority vote only.
Id., p. 8.
70 The latter were Brazil, Chile, Cuba, Mexico, Panama, U.S.A. Id., p. 9.
71 See Report of Delegation of U.S.A, Inter-American Conference for the Maintenance of Continental
Peace and Security, op. cit. supro note 60, p. 33.
72 Id., p. 32. See also Report of the Director General, Results of the Conference, op. cit. supro note 67, p.
47-48.
73 ReportofDelegationofU.S.A, id. pp. 31-S2.
74 Art. 19, Rio Treaty.
75 ThismodificationreflectedthefactthattheGoverningBoardhadceasedtobeamereBoardofDirectors
of the Pan American Union. It had over the years come to be an executive body with varied functions of a
political, advisory, and co-ordinating character.
78 Art. 11, Rio Treaty.
77 Art. 25 of the Charter of Bogota provides:
79JbicJ.
80 On cases arising and discussions of actions taken see PAU, Applications of the Inter-American Treaty
of Reciprocal Assistance 1948-1956 (1957).
81 This is borne out by remarks of the Uruguayan delegate inserted in the record of the 3rd committee and
generallyacceptedbythemembersofthecommittee.SeePAU,OpinionontheScopeofPowers of the Coun-
cil of the Organization of American States (OENSec.l/VI. 2 C.I.J. 59 Emilish 1961) wherein it is stated at
page lOthattheCouncilis the Provisional Organ of Consultation, not just t1ie Council acting in a provisional
capacity. Therefore its actions are valid in themselves and need not be submitted to a higher organ for ratifi-
cation.
82 For remarks on the Haiti-Dominican Republic Case see Fenwick, "Application of the Treaty of Rio de
Janeiro to the Controversy Between Costa Rica and Nicaragua," 43 Am. J. Int. L. 329, p. 322 (1949).
88 See Fenwick, "The Competence of the Council of the Organization of American States," 1949 Inter-
AmericanJuridical Yearbook 21, p. 32.
8• "Annual Report of the Secretary General of the OAS for the Fiscal Year 1949-1950," 3 Annals of OAS
1, p. 7-8.
85 Ibid.
86Fenwick, supra, note 83; Freeman, "The Political Powers of the OAS Council," Law and Politics in the
World Community252 (Compiled and edited by Lipsky, 1953), p. 275.
87 See ReportofDelegationofU.S.A, Ninth Conference, op. cit. supra note 2, p. 22.
88 As quoted in Freeman, supra note 86, p. 265.
89 Ibid.
90 Fenwick notes aclearviolationbere and speaks to the effect that if this type of procedure is to be main-
tained modification of the treaty smuld be made. Fenwick, supra note 83, p. 32.
91 SeeFreeman,supranote86, p. 277. AndseecompetenceoftheCouncilin this respect as outlined by the
Juridical Committeeinitsopinionon thepowersoftheCouncilofthe OAS op. cit. supra noteS!, pp. 7-8.
92 See Applications of the Inter-American Treaty of Reciprocal Assistance, op. cit. supra note 80, p. 151;
Resolution of the Council Postponing the Meeting. id., p. 154.
98 See infra the 1960 Venezuelan-Dominican Republic case, pp. 318-19; see supra pp. 80, 93 and infra
pp. 325-27 on the Eighth Meeting of Ministers of Foreign Affairs. (Editors Note: These citations to the
original text are not included in this excerpt.]
94 See Fenwick, supra note 83, pp. 34....'35; Freeman, supra note 86, pp. 272-74.
95 See "Asylum and Safe-Conduct for the Ex-PresidentofVenezuela," 1 Annals of OAS 216 (1949).
96 Id.,p.217.
97 Ibid.
98 "Annual Report of Secretary General for Fiscal Year July 1, 1948-June 30, 1949," 2 Annals of OAS 31
(1950).
99 Considerationwasgiventothis by the First Meeting of the Council of Jurists, seeAmplitud de las Facul-
tades del Consejodela Organizacim delosEstadosAmericanos, DocumenlDs Considerados por el Consejo
Interaniericano de Jurisconsultos en suPrimeraReunim, Rio de Janeiro, mayo22-junio 15, 1950 y Someti-
dos al Consejodela Organizaci6n.Atthisfirstmeetingitwasresolved tocontinue the discussion of the subject
atthesecondmeetingoftheCouncilofJuriststobeheldinBuenosAires.Id., p.162. See alsoPAU, Report of
the Executive Secretaryof the Inter-American CouncilofJurists,pp.l2-17 (1950),andsee PAU, Opinion on
the Scope of the Powers of the Council of the OAS op. cit. supra note 81. Here the Inter-American Juridical
Committee in 1961 sets forth its ideas on the Council's competence in certain areas and requests that the
Councilor the Council of Jurists or the Committee be authorized to prepare a draft resolution on the powers
of the Council.
100 See Annual Report, supra note 98, p. 31.
101 Id.,p.Sl,andPAU,OpinionontheScopeofPowersofthe Council of the OAS, op. cit. supra note 81, p.
13.
102Ibid. Fenwick, supra note 83, p. 35.
10s Fenwick, ibid.
10• For summary of the powers of the Council in the nonpolitical field see Report of Delegation of U.S.A.,
Ninth Conference, op. cit. supra note 2, pp. 23-24.
105 Art. 84, Charter of Bogota.
106 Art. 79, Charter of Bogota.
107 Art. 85, Charter of Bogota.
108 Art. 87, Charter of Bogota.
109 Art. 82, Charter of Bogota.
uo Art. 58, Charter of Bogota.
mArt. 62, Charter of Bogota.
112 Art. 53, Charter of Bogota.
us The bases of financing were approved by the Council in 1949. Under the approved system, the maxi-
mum annual quota to be assigned toanyonestateis set at 66 per cent of the total assessment. The remainder
is apportioned on the basisofthecapacityofeachmembertopay and that capacity is determined by the posi-
140 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
tion of each state, in relation to other American states, on the current United Nations scale of contributions.
2 Annals of OAS 161-e2 (1950). As of 1960, only Oille, Colombia, and the United States had paid in full.
The total delinquency of the Latin American nations by the end of 1962 amounted to $8.5 million and the
OAS had a previous deficit of $2.4 million.
114 Arts. 55 and 38, Charter of Bogota.
us Art. 41, Charter of Bogota.
ue Art. 35, Charter of Bogota.
117 Art. 37, Charter of Bogota.
118 Art. 93, Charter of Bogota.
William Manger
Professor Manger presents a much less optimistic view of the OAS system
and both its current and futural prospects for supranational growth. In Feb-
ruary 1970, the new Charter of the OAS came into being, incorporating the
major changes discussed in Manger's article. In his opinion, these changes
have seriously weakened the supranational development of the OAS and
have made it a far more conventional, traditional international organization.
I myself am oftheopinion that judgment should not be made of the new sys-
tem until we have had the opportunity to see it in operation over the next few
years. As the European Community's experience has shown us, the consti-
tutional frameworkoftheorganization is often less important than the manner
in which the political authorities interact in the day-by-day formulation and
implementation of policy. However, Professor Manger is a skilled observer of
the latin-American scene and his remarks must be given some weight and
contrasted to the opinions of the Thomases.
will be far less significant than it has been in the past. As to the reasons for these
sweeping changes, here again it might be asked whether it is the Council that has
failed the governments, or the governments that have failed the Council.
By the terms of the 1948 Charter the Council became, in effect, the permanent
executive body of the Organization. It had ties with all the other organs of the Organi-
zation-the Inter-American Conference, the Meeting of Consultation, the Specialized
Conferences, and the Specialized Organizations-ties that gave it a considerable de-
gree of authority and responsibility. Subordinate to the Council, although enjoying
technical autonomy, were the Inter-American Economic and Social Council, the
Inter-American Council of Jurists, and the Inter-American Cultural Council. The
Council of the OAS was also responsible for the proper discharge by the Pan Ameri-
can Union of the duties assigned to it. It was the liaison between the OAS and the
United Nations. And, finally it was the Provisional Organ of Consultation under
the Inter-American Treaty of Reciprocal Assistance, the source of so much of the
political authority exercised by the Council during the past twenty years. In a very
real sense the Council was the hub around which the inter-American regional system
revolved.
In the light of historical antecedents it is understandable that, when the Charter
of Bogota was drafted, the Council expected to play a major role. The history of the
inter-American system is largely a history of the Council since its inception in 1902
at the Second International Conference of American States.
By the terms of the Buenos Aires Protocol the Council has been deprived of most
of the powers entrusted to it in 1948. It has been legislated out of existence, not only
in name but also largely in fact. It is no longer the Council ofthe Organization, but one
of several coequal Councils. It ceases to be the permanent executive body, the hub of
the system. Itisdeprivedof any meaningful supervisory power over the Pan American
Union or, as that agency would be called, the General Secretariat. Its ties with the
technical councils have been cut, its relations with the Specialized Organizations and
Specialized Conferences all but obliterated. As one contemplates the future workings
of the Organization it may be anticipated that the Council will also lose its status as
the Provisional Organ of Consultation under the Rio Treaty.
By the terms of the Protocol the present Council is given the title of Permanent
Council of the Organization. After long debate it was also grudgingly designated as
the Preparatory Committee of the General Assembly. This may prove to be a saving
clause, for it is almost inevitable that the General Assembly will find it necessary to
delegate considerable authority to its Preparatory Committee. Unfortunately, this is
a function that the Permanent Council shall fulfill "unless the General Assembly
should decide otherwise." Given the prevailing attitude toward the Council it may be
assumed that should these functions become too important, the Assembly will decide
to set up another body to serve as its Preparatory Committee. In any event, this pro-
vision of the Protocol is not a very solid foundation on which the Council may base a
program of positive and constructive action.
The Buenos Aires Protocol appears to attribute many functions to the Council, but
a careful reading will reveal that these are attributes of form and not of substance.
The Council is no longer the permanent executive organ of the Organization. Its
powers arelargelyadreferendumsubjectto approval by the General Assembly. What
144 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
has been taken away from the O>uncilisfar more significant than what has been given
to it or what it has been permitted to retain.
The downgrading of the O>uncil is explained in part by the desire to upgrade the
technical O>uncils-to place them all on an equal level and to make them all directly
responsible to the General Assembly. This, however, is only part of the answer.
doubtful whether in the future the Oluncil will have much occasion to serve as the
Provisional Organ of O>nsultation. In disputes between American states it is more
than likely that instead of invoking the Treaty of Reciprocal Assistance, recourse will
be had to the newly established procedures of pacific settlement set forth in the
Buenos Aires Protocol.
Much emphasis has been placed on those articles of the Protocol relating to pacific
settlement. They have been interpreted as entrusting to the Oluncil real authority in
the solution of controversies among the member states. The articles do make impres-
sive reading, but in contrast to the procedures that at one time existed they constitute
a regression rather than a forward step in the field of peaceful settlement.
By the terms of the Protocol, the Permanent Oluncil "shall keep vigilance over the
maintenance of friendly relations among the Member States" and "shall effectively
assist them in the peaceful settlement of their disputes." An Inter-American Olm-
mittee on Peaceful Settlement shall function as a subsidiary organ of the Oluncil, in
accordance with an elaborate procedure set forth in the Protocol. These procedures
appear to give the Oluncil considerable power, but eliminating the verbiage and
analyzing the essentials, the Oluncil is reduced to a channel of communication. It can
receive a request for its good offices from one party to a dispute and transmit it to the
other. It can function, however, only if both parties agree to avail themselves of its
facilities. If one refuses the tender of good offices, the Oluncil shall limit itself to sub-
mitting a report to the General Assembly.
These provisions parallel closely the statutes of the existing Inter-American Peace
Olmmittee, which the new Olmmittee will undoubtedly replace. How effective they
are likely to be may be judged from an examination of the latter and the two statutes
under which it has operated.
The Inter-American Peace Olmmittee was also established to "keep vigilance"
and to assist in the peaceful settlement of disputes. The original status of 1950 gave
the committee broad initiative. It could function at the request of either party to a
dispute, with or without the consent of the other, and it could also act at the request
of a state not directly involved in the controversy. Under these broad powers the
committeerenderedeffectiveservicedown to 1956, when new statutes were adopted,
or perhaps better said were imposed upon it, quite similar to those that now appear
in the Buenos Aires Protocol; the Peace Olmmitteetodaycan act only when requested
by a directly interested party, and then only with the consent of the other party to the
dispute. Since 1956 the Olmmittee has ceased to be an effective peace-keeping
agency; it has continued to exist only because of other duties that have been entrusted
to it. As the committee wryly observed in a report submitted to the Fifth Meeting of
Olnsultationin 1959: "The Olmmitteewishes tostatethat sinceMay9, 1956, the date
on which the new statute entered into force, no case has been submitted to it for con-
sideration.... The Olmmittee considers that this fact may be due to the changes
introduced into the statute."
In the field of pacific settlement the Buenos Aires Protocol possesses more the ap-
pearance than the reality of authority; a delegation of form rather than of substance.
It is more than likely that by virtue of these articles the Council will have lost the real
authority that it now has under the Rio Treaty for an illusive power that it will rarely
146 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
have the opportunity to exercise. The delegates at Buenos Aires were well aware of
the realities of the situation, when the representatives of several countries confronted
byinternationalissues (which they wished to have brought before the Council and thus
sought to give it greater initiative) met with the adamant opposition of other countries
that were determined that the Council should not function without their consent.
The principles and procedures of the Protocol are more restrictive than those that
atone time prevailed. Their incorporation in an international treaty will merely serve
to solidify them and thus make more difficult the return to the more liberal principles
of an earlier period. To repeat, the Protocol constitutes a backward rather than a for-
ward step in the field of pacific settlement.
sults may be gauged from the experience of the United Nations, which concluded,
after one attemptofthisnature, thatthereisnoplacelike the permanent headquarters
to hold the sessions of its General Assembly. A redeeming feature of the Buenos Aires
Protocol is the provision that if for any reason the General Assembly cannot be held
at the place chosen, it shall meet at the General Secretariat. It may be expected that
this will become the rule rather than the exception, if some of the Latin American
members of the Organization can overcome their antipathy to having too much inter-
American activity centered in Washington.
Even more unrealistic are those provisions of the Protocol that describe the func-
tions of the Assembly. In addition to serving as the policymaking organ, the Protocol
also assigns to the General Assembly many of the supervisory and coordinating func-
tions at present exercised by the O:>uncil of the Organization; for example, acting on
the program-budget of the Organization, considering the annual reports and coordi-
nating the activities of the several agencies, and serving as the liaison and promoting
cooperation between the OAS and the UN. This may be one way of lessening the role
of the O:>uncil, but it is not a way to improve the efficiency of the Organization. Super-
vision, coordination, and direction demand permanent, continuing activity, and can-
not adequately be performed by an ad hoc body meeting for four, six, or at most eight
weeks a year. Here again there is a saving clause in the Protocol that makes it possible
for the Assembly to delegate many of these "housekeeping" functions to its Prepara-
tory O:>mmittee, which, at least for the time being and unless the Assembly should
decide otherwise, shall be the Permanent O:>uncil of the Organization. Force of cir-
cumstances almost inevitably will compel such a delegation of functions, a course that
would not only enable the General Assembly to devote its time to matters more ap-
propriate to the supreme organ of the Organization, but would also restore to the
Permanent O:>uncil the supervisory functions that it now performs and that, at least
in a measure, would justify its existence.
There is in this provision the possibility that the administrative authority of the Sec-
retary General may be weakened, not only with respect to these two officials but the
numerous personnel under them.
No changes of a substantive nature are made in the non-administrative role of the
Secretary General. As under the Charter he has the right to speak in meetings of the
Organization butdoesnothavetheright to vote. The impression, widely held, that the
post of Secretary General carries with it great political influence with authority to
roam the continent and be the arbiter of international disputes is wholly unfounded.
He has never had such authority and it is not given to him under the Protocol. It was
most unlikely that in the formulation of the Protocol there would by any disposition to
give to the Secretary General powers that were being taken away from or denied to
established organs. This does not mean that the Secretary General cannot exert con-
siderable influence in international issues, but it is a influence that derives from a
quiet, behind-the-scenes diplomacy, an ability to work in close, unobtrusive collabor-
ation with the appropriate organs of the Organization, and to win the confidence of
the member governments as an objective, impartial international functionary.
Substantively of little importance, but indicative of the prevailing mood, is the de-
cision to drop the name "Pan American Union," a name that the General Secretariat
has borne for decades and that has become so widely and generally accepted as to be
almost synonymous with the organization itself. The dropping of the name "Pan
American Union" is a reflection of a certain pedestrian mentality that has long existed
and now apparently has prevailed. The name has long provoked a critical reaction
from not a few so-called Latin American intellectuals, who associated it with "Pan"
movements withimperialisticimplications, such as Pan Germanism, Pan Slavism, etc.
Critics of the Pan American movement not infrequently have referred to the Pan
American Union as the colonial office of the United States, situated in the shadows of
the WhiteHouse and the Washington Monument. Henceforth the General Secretariat
oftheOASwill be nameless. This will not change its character, and whether the name
Pan American Union is so firmly established as to overcome this attempt at suppres-
sion only time will tell.
ECONOMIC STANDARDS
A principal objective of the Buenos Aires conference was to strengthen the economic,
social, and cultural standards of the Bogota Charter, to spell out in greater detail the
obligations that the member states were to assume, and to improve the machinery
through which these objectives are to be achieved. Of these three areas, major empha-
sis was focused on the economic.
In each area the Protocol enlargesconsiderablyon the Charter provisions ofBogota.
The Economic Standards in the Protocol, for example, encompass fourteen articles
and more than a thousand words, in contrast to the two articles and fewer than one
hundred words of the 1948 instrument. In the drafting stages preceding the Buenos
Aires Conference more attention was given to the Economic Standards than to other
parts of the Protocol. Even after what was considered to be a definitive draft project
had been drawn up by a special committee meeting in Panama, further prolonged
negotiations on the Economic Standardswereconductedin Washington to make them
150 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
more acceptable to the United States. The result was a draft and a finally approved
Protocol less strong than many member states had hoped for.
Despite the extended terminology, the Protocol embodies no firm commitments,
nor does it give to the Organization any real authority to adopt decisions binding on
the member states. To implement the objectives set forth in the Economic Standards
the states merely "pledge themselves to a united effort," or "agree to dedicate every
effort," or"should make every effort," or "agree to join together in seeking a solution."
The one positive, unambiguous statement in the Economic Standards is the one in
Article 32 in which the member states agree to "cooperate as far as their resources
may permit and their laws may provide," a provision that leaves to each individual
state the determination of what it shall do and shall not do.
The obligations thus assumed under the Protocol are moral rather than legal, and
their fulfillment depends largely on the spirit in which they are approached. Today,
the spirit of inter-American economic cooperation is running at a high level, and if this
should persist the Economic Standards may well serve as guidelines in a long-range
program of economic development. At the same time it must be recognized that be-
tween the positiveness of Article 32 and the vagueness of the other articles there is
room for differences of opinion between those who may believe they have obtained
more than they actually have, and those who may consider they have committed them-
selves to less than others may believe. In this respect the Protocol may lay the ground-
work for a continuation of the fruitless economic debate that has characterized inter-
American relations during the past twenty years.
A transitoryprovisionoftheProtocol stipulates that the Inter-American Committee
on the Alliance for Progress (ClAP) shall act as the permanent executive committee of
thelnter-AmericanEconomicand Social Council as long as the Alliance is in operation.
The ClAP had become a focal point in the Alliance for Progress, and it is most appro-
priate that it should be incorporated into the structure of the Organization. It has
achieved this position because of the caliber of its representatives, and the confidence
they have instilled in the governments of their capacity to render effective service.
The Protocol thus recognized an existing fact; it does not, however, confer any addi-
tional powers on the ClAP. Its authority is recommendatory and not executive in
character. Atthe present timeitis the practice of agencies of the United States to with-
hold grants and loans for Alliance for Progress projects until they have received the
approval of ClAP. It would have been gratifying if such a provision had been incor-
porated in the Protocol, thus making it a continental policy rather than a unilateral
practice. This, however, would have been a concession to internationalism, contrary
to the mood of the moment.
~Bulgaria, Czechoslovakia, Hungary, Poland, Romania, and the USSR. f North Vietnam and Mongolia attended as observers; Yugoslavia was absent.
Albania joined in April1949. ~Albania did not attend.
~East Germany joined in September 1950. . China, North Korea, and North Vietnam did not attend.
China and Yugoslavia attended as observers. ' Mongolia joined as full member.
e North Korea attended as observer.
Sources: W. vonKnorre,Zehn]ahreRatfurgegenseitige Wirtschaftshilfe(COMECON), op. cit., pp. 6 and 12; New York Times, 22 December 1962 and 27 July 1963; F. L.
Pryor, "Forms of Economic Cooperation in the European Communist Bloc: A Survey," Soviet Studies, Vol. XI, No. 2, October 1959, pp. 174-179; and A. Stupov, ed., Eko-
nomicheskoe sotrudnichestvo i vzailmopomoshch sotsialisticheskikh stmn, op. cit., pp. 18-43, and 45.
RULE-MAKING 155
1954. Between December 1955 and June 1958, the Councilonlymettwice. The first
interval was clearly due to the lack of interest in the organization during Stalin's last
years and to the difficulties of the transition period following his death. The second can
perhaps be explained by the unsettled political situation that followed the Twentieth
Congress of the Soviet Communist Party and was not brought under control until the
1957 Moscow meeting of the eleven ruling Communist Parties.
The Council meetings are held in different capitals of COMECON states and are
attended bydelegationsfrom the member countries as well as by observers from other
countries who have been invited by the full membership. 9 The Council has held eigh-
teen official meetings (see Table 1). Sessions have seldom lasted longer than three or
four days, with the exception of the seventh, which lasted a week. 10 This can mean
either that there was relatively littletodiscuss,orthat all controversial issues had been
thrashed out in bilateral or multilateral conferences among Party leaders. The last
officiallyreportedsessionof the Council took place in July 1963. The recent formation
oftheExecutiveCommitteemaymean that the Counci) will meet less frequently than
before.
Council. With the growth of COMECON agencies, more controversial questions were
likely to come up for discussion, and it was felt that some of these could not wait for
the plenary session of the Council, which meets only twice a year and is not equipped
to deal with details.
THE SECRETARIAT
The creation of a Secretariat was foreshadowed in the statement announcing the for-
mation of COMECON in January 1949. But it was not until the seventh Council ses-
sion in May 1956 thatthe Secretariat came to the forefront of a resurgent COMECON.
The task of the Secretariat, according to the Charter, is to prepare the agenda for the
plenary sessions of the COMECON Council andmeetingsof the Executive Committee
and other agencies, coordinate the work of the Standing Commissions and other ad hoc
committees, and conduct research and prepare reports and statistical data.
The headquarters of the Secretariat is in Moscow. There appears to be confusion
about its size, perhaps as a result of various statements made about the numbers of the
citizens of member countries "participating" in the work of COMECON organiza-
tions. Some sources claim that the number of employees exceeds two thousand, 15
while others estimate the number at four hundred. 16 The lower figure appears more
credible, unless experts attending commissions, working parties, and other bodies
are included. Thereislittledoubt, however, that the number of Secretariat employees
will increase with the growth of the organization itself. 17
It has been impossible to obtain detailed information about Secretariat total costs,
the allocation of expenses among individual member states, geographic distribution
of employees, and recruitment policies. 18 Available evidence indicates that the
Secretariat performs roughly the same functions as the secretariats of other interna-
tional organizations.
The Secretariat is headed by Secretary N. V. Fadeyev, the former Soviet Minister
of Finance, assisted by three Deputy Secretaries. These officials are able to influence
COMECON proceedings by directing the Secretariat's coordinating functions and by
attending the meetings of COMECON organs. The composition of the Secretariat is
therefore of special interest; it is probable that nationals of individual member states
attempt to obtain preferential treatment for their countries in such sensitive areas as
international specialization or joint investment projects.
a Until1962, one commission handled both light indushy and food production.
Source: F. L. Pryor, The Communist Foreign Trade System, op. cit. pp. 255-257;
N. Fadeyev, "Strany SEV krepyat ekonomicheskoe sotrudnichestvo, Mirovaya
Ekonomika i Mezhdunarodnye Otnoshenia, No. 10 (1963 ), p. 10.
Executive Omnnittee and are expected to provide annual reports of their activities
as well as their plans. Each Commission has a secretariat of its own, responsible to,
and financed by, the Secretariat of COMECON. The chairmanship of each Commis-
sion is usually held by a representative of the host country. 19
The Standing Commissions, according to Article VIII of the Charter, are created by
plenary sessions of the Council (see Table 2). The first twelve Commissions were
formed at the seventh session in May 1956. Since then Commissions have been dis-
solved or absorbed by others, and additional Commissions have been formed. 20
The growth in the number of Standing Commissions can be taken as an indicator
of progress toward integration within COMECON. The creation of the first twelve
Commissions coincided with a new stage in the activity of the organization. Prior to
1956, experts from different countries met periodically to discuss various problems,
but these meetings were organized ad hoc, and the liaison among COMECON mem-
bers was very tenuous The creation of the Standing Commissions in 1956 provided a
permanent framework for mutual discussion for the first time, and thus laid a base for
theforthcomingexpansionofCO MECON activities. Not only are the Standing Com-
missions handling additional areas of economic activity, but they recently seem to have
been given more authority to deal with the most pressing matters in certain key sec-
158 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
tors. 21 Additional Commissions presumably will be created in the course of the next
few years to accommodate the growing amount of coordination among COMECON
economies.
1 Treaty Series, Vol. 368,1960, (New York: United Nations, 1961), pp. 264-285.
2 R. Jaster, "CEMA's Influence on Soviet Policies in Eastern Europe," World Politics, Vol. XIV, No. 3,
April1962, pp. 506-508.
3 Such conferences were heldinMoscowinMay 1958, February 1960,June 1962, and July 1963.
4 See United Nations Doc. E!CONF. 46/17, 8 January 1964, p. 5.
5 According to some reports, Bulgaria refused to follow COMECON's recommendation concerning the
creation of aluminum industry. Comecon and the Economy of Eastern Europe (Vienna: Kreditanstalt
Bankverein, June 1962) p. 2.
6 K. Pritzel, Die wirtschaftliche Integration der Sowjetischen Besatzungszone Deutschlands in dem
Ostblock und ihre politischen Aspekte (Bonn: Bundesministerium fiir Gesamtdeutsche Fragen, 1962 ), pp.
157-158. A 1956 directive of the COMECON Secretariat concerning specialization stipulated that con-
struction of new plants throughout COMECON was to take place on the condition that Czechoslovak and
East German capacities be fully utilized.
7 According to Article IV of the Charter, recommendations refer to econcmic, scientific, and technical
cooperation, while decisions are supposed to be made with regard to organizational and procedural matters.
For further discussion, see V. Morozov, "Equality: Cornerstone of the Socialist Countries," International
Affairs (Moscow), Vol. IX, December 1963, pp. 6-7.
•Emergency sessions can be called at the request of at least one-third of the membership.
9 In some cases, ohserver participation does not seem to have been extended to all COMECON bodies.
10 There is little doubt that this session was one of the most crucial meetings in the life of COMECON.
It
not only created twelve Standing Commissions, thus bringing experts from different countries to work to-
gether on a permanent basis for the first time, but it also initiated the program of specialization by allocating
the production of about 600 types of machines among individual members.
11 The twelfth meeting of the Committee took place in Moscow on 21-25 April1964, Pravda, 26 April
1964.
12 UnitedNationsDoc. E/CONF.46/17, 8 January 1964, p. 5.
13 Morozov, op. cit., pp. 7-8.
RULE-MAKING 159
14 N. S. Khrushchev, "Vital Questions of the Development of the Socialist World System," World Marxist
Review, Toronto, Vol. V, September 1962, pp. 10-11.
15 W. von Knorre, Zehn Jahre Rat fii,r gegenseitige Wirtscliaftshilfe (COMECON), Wiirzburg: Holmer
Verlat, 1961, p.15. The estimate apparently came from Swedish sources.
16 As of the winter of 1964, the Secretariat was supposed to have employed 420 persons. Prior to June
1962, thefigurewasabout200. P.Jaroszewicz, "Okierunkachpracy RWPG," Zycie Gospodarcze (Warsaw),
Vol. XIX, No. 426 January 1964, p. 6. The author is the Polish delegate to the Executive Committee. In the
period 1960-61, over 10,000 persons were supposedly employed in COMECON agencies. E. Hoffmann,
Comecon, der gemeinsame Markt in Osteuropa (Opladen: Leske, 1961), p. 16.
17 One indication of potential growth is the fact that a new headquarters for the Secretariat is being con-
structed in Moscow. According to COMECON press accounts, the new building was to be twenty-seven
floorshighandscheduledtobecompletedin1965.ZycieGospondarcze, Vol.XVIII,No. 82,11 August 1968,
p. 1.
18 Apparently the cost of maintaining the Secretariat is allocated among the members by plenary sessions
of the Council. ThenumberofSecretariatemployeesfromeachmembercountryis determined by its popula-
tion. Soviet citizens are supposed to account for 70 per cent of the employees. Knorre, op. cit., pp. 15-16.
Jaroszewicz, op. cit., states that Poland's share was about 15 per cent.
19 Knorre, op. cit., pp. 18-14. Little is known about the size of individual commissions. In some cases they
have been said to employ as many as200persons, although this may again illustrate some confusion between
"employees" and officials of member countries participating in the work of the Commissions. F. L. Pryor,
"Forms of Economic Cooperation in the European Communist Bloc: A Survey," Soviet Studies (Glasgow),
Vol. XI, No.2, October 1959, p. 180.
10 The Geology Commission and the Wood, Cellulose, and Paper Commission-both created in 1956-
'veredissolvedin1959. (Knorre,op. cit., p.14.)TheGeologyCommission was re-created in 1962. According
to Polish sources, by spring 1964 twenty-five Standing Commissions were in existence. Z. Keh, "Waznieisze
problemyWSJJO).pracyw RWPG," Zycie Gospodarcze, Vol. XIX, No. 11, 15 March 1964, p. 1. It has been
possible to identify only twenty-Qne Commissions in Table 2. Conceivably the existence of some Commis-
sions (e.g., armaments industry) was never made public.
11 FollowingtheJune1962meetingofParty leaders of COMECON countries, it was decided to "improve"
the work of certain Commissions, particularly those dealing with machine building, chemical industry, and
foreign trade. TheseCommissionsweretocreatea special executive committee, composed of delegates with
the rank of vice-minister, which was to meet two to three times a year. A. Bodnar, "Rok 1962 -przelomowy
wrozwoju RWPG," Gospodarka Planvwa (Warsaw), Vol. XVIII, January 1968, p. 16.
CHAPTER V
RULE ADJUDICATION
Stuart A. Scheingold
From Stuart A. Scheingold, The Rule of Law in European Integrotion, pp. 273-309, copyright © 1965
by Yale University Press. Reprinted by pennission of the publisher.
161
162 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
RESOLUTION OF CONFLICT
For purposes of this discussion, we need not develop a sophisticated "rule of law"
model. The basic issue is the distinction between polar methods of resolving conflict:
law and negotiation. Successful negotiation is anchored in mutual adjustment, with
the concessions made by each party likely to be in direct proportion to influence. Law,
on the other hand, is based on established rules, and it is these norms which determine
how a conflict will be resolved. 1
In practice, the distinction between the legal and the negotiated settlement is not
likely to be nearly so marked. The application of established rules is a notoriously
inexact process, and negotiation always precedes and often continues in parallel with
litigation. Nevertheless, the dual goals of the judicial process are the development
of predictable patterns of rules and equal application of these norms to all parties sub-
jectto the legal system. It is this double standard-stable rules and equal protection-
that we must now apply to the O>al and Steel O>mmunity in general, and the O>urt
of Justice in particular.
By and large, the rule of law has been established within the O>al and Steel O>m-
munity. TheO>urthascertainlynot buckled before political pressure, and its adoption
of functional methods has provided a solid foundation for a workable system of rules.
The judges have regularly asserted the primacy of the law, and they have generally
sought to explain and defend their decisions, thus providing guides for the future.
These favorable conclusions must, however, be qualified if we are to gain a balanced
picture of the O>urt's accomplishments.
Judicial caution
Both the milieu in which the O>urt operates and the traditional attitudes of the
continental judges tend to moderate judicial activism. A hesitancy to assume a public
and educative role is bolstered by the anonymity which cloaks judicial decisions. The
connection between anonymity and judicial caution is indirect, stemming from the
fact that as a general rule continental courts are without dissenting and concurring
opinions. In the absence of these two devices, whatever may be their shortcomings,
judicial decisions resemble a patchwork quilt rather than even-textured, well-rea-
soned arguments. Before signing a decision, each judge is eager to insert a particular
point or perhaps soften the phrasing of a holding to make it more acceptable. At any
rate, judgments can seldom become consistent and persuasive documents.
It is this difficulty, perhaps, which accounts for some of the criticism I encountered
when speaking with attorneys for the enterprises as well as with officials of the mem-
ber governments and the High Authority of the European O>al and Steel O>mmunity
(HA). They charged the O>urt with excessive and confusing obiter dicta. Ironically,
the judges who favor the O>urt's obiter dicta practices defend the extra words as the
appropriate way of clarifying the O>urt's position and thus avoiding additional litiga-
tion.
It is difficult to generalize on the practical results. The O>urt has often used its obiter
dicta to good advantage. Even in marginal situations -like scrap and cartel litigation
-ageneralideaofthe attitude of the O>urt emerges. However, in such cases, the pre-
RULE ADJUDICATION 163
cise position of the judges is left in doubt, and this doubt tends to foster additional
litigation. The multinational character of the Courtof]ustice compounds the problem.
National judicial traditions call for different sorts of decisions, ranging, for example,
from the extreme brevity of the Franco-Belgian style to the longer discursive judg-
ments characteristic of Italy and Germany. 2
Finally, the judges are painfully aware of the dynamic character of the Community
project and, to a lesser extent, of the essentially economic nature of the rules they must
propound. For these reasons, they are again reluctant to assume an active position.
Among the members of the Court with whom I spoke there was real concern that too
audacious a resolution to current conflicts might restrict the future growth of the
Community. Yet these pressures do not weigh upon the Court in a uniform manner;
they may vary with the nature of the issue presented for litigation.
All this is simply to suggest that there are times when a bold assertion of the rules of
the treaty is not in order; when, on the contrary, arbitral-type solutions are more appro-
priate. Arbitration resolves the immediate dispute but entails no obligation for the
future, nor is it necessarily consistent with decisions previously rendered. The arbitral
decision either defers to the political authorities directly, or, by avoiding -or treating
ina restricted fashion- the substantive issues, leaves open the future course of action.
In any case, the result of arbitration is, on the one hand, to allow the political authorities
freedom of action to deal with the problems and, on the other hand, to shut the enter-
prises off from effective legal relief.
There is no intent, in this analysis, to suggest that the Court is altogether at liberty
in politically awkward situations to shirk its obligations to the rule of law. The Court's
reluctance to articulate effective rules for steel pricing practices has already been
criticized,0 and undeniably the refusal of the judges to deal with the substance of the
suit brought by the German enterprises against the general levy is vulnerable to
attack. 6 Certainly the issues raised were of general and far-reaching importance. The
significance of executive access to an independent purse hardly requires elaboration.
Yet, we are not faced with an unresolved political question or with the adaptation of
the treaty to the changing demands of integration. If the treaty provisions are ambigu-
ous, the ambiguity is that of the unprovided case, the classic opportunity for judicial
activism. Moreover, it should be recalled that the enterprises and not the member
governments pay the Community's bills. Accordingly, in this instance, the protection
of the law should have been extended.
PROSPECTS
Thelegalsystemofthe Coal and Steel Community may be said to have burst full grown
upon the scene. The Community has been spared the Hobbesian anarchy which has
so long characterized the international legal order. Not only has there been no resort
to physical violence, but effective limits have been placed on other sorts of self-help.
However ,it is clear that the Court has come under increasing pressure in recent years
as a result of weaknesses in the Community political system. Since these weaknesses
have their counterparts in the structure of the Court, and since the Court, too, is part
of the Community system, itisnotsurprisingthatapplicationoftheruleoflaw has been
tentative and incomplete.
Legal rules have not been applied to all conflicts nor has the protection of the law
been fully extended to the enterprises. While the enterprises are thus partially ex-
cluded from the protection of the law, the Court has certainly opened up an effective,
if limited, grievance channel to the enterprises; neither the HA nor the member
governments have escaped judicial censure. That confidence in the Court of Justice
continues is demonstrated by the tribunal'scrowdeddocket, which includes the ample
beginnings of a body of Common Market litigation. In part, this willingness to overlook
the Court's weaknesses is attributable not only to concrete gains achieved by litigation,
but to an assumption that the tribunal-still in its judicial infancy-will remedy what-
ever defects have appeared.
"Editor's Note: See the original text, pp. 75-83, for a discussion of these cases.
166 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
By virtue of the principles admitted in the law of the Conununity, according to which the judge
interprets, himself, with authority, the rules relative to his own competence, it is incumbent
upon us to put in concrete form the principles and dispositions requiring the separation of
powers. Experience shows that the application of these abstract and rather vague norms to
concrete cases can vary according to the period, to the place, and to the subject. Only those who
know the two provinces can fix the limits between that which is proper to the political and
administrative powers and consequently must be respected by the jurisdictions.
. . . There is these days a fatal tendency which envisions too rigid a distinction between the
governmental and administrative fnnctions, on the one hand, and the judicial fnnction on the
other. 9
While it would be premature to say that the Court of Justice has explicitly formulated
and applied a political questions doctrine, the seeds of such a doctrine are certainly to
be found in the refusal of the Court to permit the German coal firms to challenge the
isolation of the Belgian market.
The procedural difficulties of the Community stem directly from deep-seated sub-
stantive failings. Judicial review must make its peace with the partial and fluid charac-
ter of the Community system. Ordinarily, judicial review rests on a constitutional
document which is both complete and stable; it designates and regulates all relevant
relationships among the parties. Even in a federal system the constitution seeks a
definitive distribution of power, and so can be used as a standard for resolving all
disputes. A category of political questions, which offers an avenue for sidestepping
certain sensitive issues, does not detract from the essential integrity of the constitu-
tional document.
In the Coal and Steel Community the picture is altogether different. It is not just
that the system is partial; federalism, too, is a partial system. Nor is it that the system
is bound to change; the evolutionary character of federalism is too well known tore-
quire repetition. Whatreallymatters is that the Coal and Steel Community is purpose-
fully tentative. The limits placed on Community authority are experimental; the
boundary traced by partial integration is, in reality, the Community's growing edge.
It is not only that integration is likely to follow an evolutionary course-this dynamic
is actually the instrument of integration.
The "expansive logic of partial integration" is, in other words, an organic kind of
development, not readily amenable to a system of prior rules. Moreover, because the
member governments are determined to keep a firm hand on the progress of integra-
tion, the Community has been hobbled with incomplete institutions which are often
unable to respond in a constitutional manner to the changing demands of integration.
It is the assumption of the leaders of the European movement that an autonomous
Community will slowly develop as the integrative process advances-in other words,
that the organic nature of the process will ultimately wrest control from the Member
States. Nonetheless, in the Community system as it now stands, organic growth must
coexist with national control. 10
The rule of law is thus caught between two opposing but equally hostile forces: on
one side, theclaimsofthemembergovernments and,on the other, the fluid mechanics
of integration. Each in its own way offers formidable obstacles to settled norms. How-
ever, the effectiveness of the Court of Justice will not depend on the extent to which
it can purge itself of these influences. Pristine adherence to traditional standards is
likely to thwart the Community's legal experiment. Only by understanding the forces
which buffet the Court, and by continuing to bend before them at appropriate times,
can the judges live a reasonably legal life in relatively uncongenial surroundings. The
judgesoftheEuropeanCommunitiesmust,inotherwords,treadaparticularlynarrow
path between law and politics....
Court can make to the development of the Community? Indeed, what specifically is
that contribution? ...
Generally speaking, the Court of Justice plays both an active and a passive role in
the political process which is guiding the growth of the Community. The active contri-
bution of the Court flows directly from its case law, which will be shown to have
leavened the fluid process of integration with a vital measure of stability. Secondly,
it will be argued that by its very existence the Court of Justice effectively and posi-
tively influences the bargaining process which is the driving force of integration. Let
us first study the active participation of the judges in the community building process.
A FRAMEWORK OF ORDER
There can be no doubt about the rather disruptive character of the integrative process.
The Coal and Steel Community is dedicated to changing the commercial, economic,
and ultimately the political methods of the enterprises and member governments.
Almost without exception, the litigation analyzed in earlier chapters resulted from an
unwillingness to change established practices: sales cartels, national subsidies, trade
protection, secret rebating. Given thestakeof a judicial body in a substantial degree of
stability, the awkward position of the Court of Justice-particularly at the outset-is
patently clear.
However, even in its early stages, the Community cannot operate in a setting of un-
restricted change. Both the businessman and the politician must be offered the vital
minimum of securitytopennit effective planning and policy making. Certainly, assur-
ance of the continued pursuit of common goals is essential. Otherwise, the numerous
immediate sacrifices make no sense at all. In more general terms, there must be a
reciprocal certainty that other members of the Community will not
pursue their ends by means selected only on the basis of instrumental efficiency. Though the
choice of means on this basis may result at times in co-operative combinations, these combi-
nations are by definition subject to immediate dissolution, if, for example, exploitation or an-
nihilation becomes more advantageous for any one member. Hence a state of indeterminate
flux mther than a system of action exists. 11
The following discussion will seek to demonstrate the distinctive manner in which
judicial review has contributed to this necessary stabilization of the integrative
process.
specific conflicts, the Court supplies a vital lubricant to the operations of the Commu-
nity: The immediate dispute is resolved and the rule is made clear, not just for the
parties to the dispute but for the entire Community.
Legitimation, on the other hand, is an important element in motivating habitual
performance. Settled norms may provide a significant social lubricant, but litigants
are not likely to be so easily satisfied; they must be convinced that the judgment is
correct. The Court must argue persuasively that the rules it articulates are, on the one
hand, functionally effective and, on the other, that they correspond to the methods
of the Community as they were sealed in the original compact. By thus demonstrating
thatlegalnorms serve the common goal in an already agreed upon manner, the judges
make a strong case for compliance and thereby serve the cause of stabilization.
However, the norms articulated by the Court fall into distinctive categories, and
both the degree of stabilization attainable and the techniques for its attainment differ
according to the category being considered. Essentially we are faced with three kinds
of norms: the primary roles of the treaty, which impose duties and grant rights to the
enterprises and member governments; the values of the Community, which define
in a more general way the integrative consensus; and the secondary roles- the rules
of the game-which grant the power to make and change rules and even to redefine
the initial consensus. 13 In the discussion which follows the contribution of the Court
of Justice in each of these areas will be considered. Specifically, we shall examine the
potential for stability and the progress made by the Court in that direction.
say that the Court has generally abandoned the strict textualism of 1954 decisions on
the Monnet Margin and accepted, in its stead, functional techniques.
The minimum contribution of functional methods is to ensure that norms will not be
self-defeating. It is this kind of service that the Court performed when it held that the
HA was entitled to withhold the benefits of the Belgian coal program from some enter-
prises, provided only that the denial served the objectives of the program. However,
the judges have gone beyond this significant minimum, indicating how programs
(for example, the scrap scheme) and specific rules (for example, the transport regula-
tions) serve the goals of the Community. In doing this, the Court certainly stamps the
rule in question with a significant measure of legitimacy. Moreover, by developing
the functional relationship between specific rules and Community goals, the judges
provide a solid foundation for stable norms. While the dynamic nature of integration
may dictate frequent changes in given rules, the Court's functional analysis furnishes
a blueprint of legally permissible dimensions of those changes. The primary rules of
the Community are likely to be ephemeral, but the commitment to goals will, it is to
be hoped, be more enduring.
Community values
The means-ends relationship sketched in the preceding section is not self-contained.
The link between primary rules and goals is not simply empirical, or objective. The
adoptionofmeansobviouslyinvolves a value choice, and in Articles 2 to 5 of the treaty
the fundamental principles of the Community, the values which were to guide the
process of integration, are set forth. This value commitment is more enduring than the
attachment to detailed primary rules and more specific than the generalized pursuit
of integration.
The Court's job is to transform these values into operative standards for judging
primary rules. The task is complicated by the rather ambivalent character of these
values, 15 but the judges, as we shall see, have grappled with the problem quite suc-
cessfully.WhilethevaluesoftheCommunityarespelledoutatsomelengthinArticles
2 to 5, the key provision is Article 2. The second paragraph indicates both the orienta-
tion and the ambivalence of the treaty:
The Onnmunity must progressively establish conditions which will in themselves assure the
most rational distribution of production at the highest level of productivity, while safeguarding
the continuity of employment and avoiding the creation of fundamental and persistent distur-
bances in the economies of the Member States. 16
The Court of Justice has taken its cue from the italicized words. Again and again, the
judges have attacked both major and minor obstructions to the market process. While
sympathetic to temporary measures to avoid "fundamental and persistent distur-
bances" or to protect "the continuity of employment," the Court has consistently
shaped therulesofthetreatyto serve the rationalizing force of a free common market.
The judges have strenuously resisted subsidies, which of course distort the normal
conditions of competition and inhibit a rational adjustment to the common market.
In the rail rate cases it was held that transport subsidies for weak or poorly placed
industries were contrary to the treaty and must be eliminated-even at the cost of
RULE ADJUDICATION 171
some unemployment. 17 As a matter of fact, let us recall that the unity which the Court
imparted to Article 70 in the rail rate cases was predicated on purifying the market
process. 18 It was by a similar line of reasoning that the German miners' bonus was
rejected in 1961. The rejection was based largely upon what the tribunal termed
"the essential ends" of the common market as defined in Article 2: "the most rational
distribution of production at the highest level of productivity." 19
The Court accepted the isolation of the Belgian coal market and the consequent
distortion of the common market. However, the measure was endorsed only because
its goal was to further the ends of Article 2. 20 Much the same point was made some-
what obliquely in the first Belgian coal cases (8 & 9/55). The Court held that to grant
the benefits of the coal levy to all Belgian coal producers, without reference to ratio-
nalization, would be to make the scheme an illegal subsidy. 21 Again, somewhat indi-
rectly, the judges invalidated the exemptions from thescraplevywhich were accorded
for "group scrap" because it was held that these exemptions, based on financial ties,
encouraged cartels. 22
In the cartel area the Court has pressed the claims of the free market with particular
vigor. In its initial rejections of the direct access criteria, the Court's distaste for cartels
was inferential. Even in 1960 when the judges snatched the initiative from the HA
by eliminating one of the direct access criteria and forcing the executive to better jus-
tify the remaining criterion, the Court was rather circumspect. However, in rejecting
the proposal to amend Article 65, the judges took a particularly bold and uncompro-
mising stand against cartels and in favor of a competitive market. It is true that in its
two most recent decisions the Court's position has become more flexible. No doubt
this change of direction signals a curtailment of the judicial assault on cartels. Yet the
Court's new posture seems to be dictated by the economic reality of the coal market,
not by diminished enthusiasm for a competitive market. Suffice it to recall the Court's
expressed determination to protect "the measure of competition necessary to safe-
guard the fundamental requirement of Article 2." 23
Taken together, the decisions of the Court disclose a tribunal committed to a free
market economy and to the general efficacy of the rationalizing pressure of natural
market forces. In paying tribute to Judge Rueff on his retirement from the Court,
President Donner noted: "Your economic views were clearly allied to the conception
of the authors of the treaties and upon which the E.C.S.C, especially, was founded." 24
Given Judge Rueffs fervent commitment to liberal economic principles, the remarks
of the President of the Court hardly require amplification.
The Court's attachment to competition and a market economy is bounded by a
vigorous and uncompromising assertion of the principle of equal treatment. The rules
of fair trade are not necessarily in contradiction to a free market. Certainly, destruc-
tive competition must be suppressed, and the elimination of subsidies is a prerequisite
to a market economy. However, the Court's stress on published rates and alignment
has evidenced a clear choice of equal treatment over maximum competition. 25
The judges' inflexible insistence on fair trade is open to criticism on a number of
grounds. For present purposes, it is sufficient to say that a limited assertion of fair
trade would be altogether consistent with the Court's commitment to a competitive
market. However, by pushing their stand beyond reasonable limits, the judges have
172 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
the Court primarily on the basis of their contribution to a healthy free market. Both
the transitional program for Belgian coal and the emergency operation undertaken
on the basis of Article 37 were required to prepare Belgian coal to compete in the
common market. The scrap program, too, was in the service of the regular supply con-
ditions necessary for a sound market.
Admittedly, the Court substantially freed HA's investment opinions from legal
restraint, but the executive's authority over investment is meager indeed. Of more
significance, at least potentially, was the refusal of the judges to interfere with the
HA's power to tax. However, in this instance the Court's endorsement was only luke-
warm, if that. The judgment avoided an appraisal of the arguments raised by the
German firms, taking refuge in a procedural rejection of the German suit; the Court
remains uncommitted as to the dimensions of executive authority. Finally, let us recall
how very cautious the HA has been in asserting its powers. In a practical sense, there
has just not been any threat of dirigisme.
The real conflict between initiative and procedural regularity revolves around the
problem of executive discretion. Here, it would seem that the Court has been most
aware of the fluid nature of integration and has accordingly allowed considerable dis-
cretionary authority. The judges have, for example, refused to confine the utilization
of HA powers to the purposes of the articles in which they were authorized. The mea-
sure in question must bear some positive relationship to the goals of the article under
which it is ostensibly taken. 29 The Court may even require that the ruling be directly
motivated by the purposes of that article. However, the simultaneous pursuit of other
goals is perfectly proper. As early as the Monnet Margin cases, the Court held that
pricing powers could be used for other goals. Similarly, the judges have recognized
that the financial mechanisms of the scrap program might purposely influence the
investment plans of the enterprises. As noted earlier, 80 this sort of interpretation tends
to give each HA power of life of its own- a life based on objectives beyond those in-
corporated in the article granting the power.
Certainly the most significant avenue to broad executive discretion was the judicial
determination that the HA could temporarily subordinate certain of the fundamental
principles of the treaty. 81 The executive has been charged with the duty of reconciling
the individual interests of the enterprises and the member governments with the gen-
eral or Community interest. 82 On the other hand, the Court's willingness to back HA
efforts to establish a free market and promote Community goals is not unrestricted.
It is the Court which stands as the final arbiter of the general interest, testing the execu-
tive'sreconciliationof Community interests. Moreover, the judges have demonstrated
a genuine concern for fair administration of HA programs and have at times been
sharply critical of procedural shortcomings. The Court has stated that reasonable
standards of administration call for prompt HA response to investment proposals, 88
and has indicated a continuing concern for clear and detailed justification of all execu-
tive decisions.
Recall also that the avalanche of scrap litigation stems directly from the Court's
condenmation of the HA's failure to keep adequate control of the powers delegated
to the scrap office. Moreover, the judges insisted strenuously on the importance of
procedural purity in the first trucking rate cases. In both of these latter situations
174 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
butions of the Court are separable, both in theory and in fact, they are certainly inter-
dependent. The passive role depends on the threat of judicial veto; only because the
Court has established a reputation for finn adherence to rule of law standards has it
been able to influence the bargaining process.
It has been extremely difficult for recalcitrant governments to resist the facts and recommenda-
tions put before the Onmcil by the High Authority, partly because government experts had
been bound to the accuracy and relevance of the necessary statistics while they were being
compiled.•'
Out-of-court settlement
What evidence is there that the Court of Justice has influenced the bargaining
process? While difficult to document, the most striking evidence is provided by the
settlement of suits withdrawn before the Court could render a judgment. Given the
176 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Executive initiative
Four of the twelve suits fall into this group, and the lesson of legality is clearest in
the Luxembourg (2/55) and the Macchiorlatti (22/59) cases. The details are not al-
together clear with regard to the Italian enterprise suit, but only reservations about
Macchiorlatti's rather dim chances before the Court seems to account for the with-
drawal. 45 Luxembourg dropped her suit against aHA order to dissolve its coal import
monopoly when the government's legal advisers made it clear that the case would
RULE ADJUDICATION 177
be lost. 46 Without the threat of a judgment, there can be little doubt that Luxembourg
would have put up stiffer resistance to the HA's dissolution order. The government
had already resisted similar pressure applied by its steel industry-far and away the
overwhelming national economic factor.
The legal quality of the above settlements seems beyond question. The same is not
true of the two remaining suits in this category (5/56 and 2/58). Both involve ATIC
and both were of questionable legality. 47 The background "presence" of the Court
does indeed reinforce the position of the party standing on the firmest legal ground.
But that party must be willing to take advantage of the leverage thereby provided.
InitsnegotiationswithATIC, theHA wasneverinterestedinsqueezingall the benefits
out ofits advantageous position. Still, it cannot be denied that each settlanent pushed
ATIC a little closer to the rules of the treaty, thus again evidencing the beneficial
impact of the Court of Justice on the bargaining process.
Prodding the HA
The HA was permissive in its dealings with ATIC largely because of its go-slow
policy for dealing with the Community's cartel problems. There are instances-some
in the cartel field- that illustrate how a cautious HA can find itself trapped between
opposing parties with the threat of judicial veto hanging over its head. While the re-
sults of such situations vary, the record indicates that the HA is vulnerable to this sort
of prodding. The outcome depends almost entirely on how insistent the "trouble-
maker" is. If he is willing to rock the boat with dedication, the cause of the treaty is
virtually certain to be advanced.
It was the suit filed in 1958 by the German steel association (39/58) that led the
HA to withdraw a questionable concession it had made on the publication of trucking
rates. 48 Moreover, after the Court had invalidated the HA decision withdrawing
the concession, it was the threat of the steel association to file a suit that stimulated
the HA to take advantage of the opportunities for action which were opened up by
the judgment. 49 Similarly, a group of French steel enterprises galvanized the HA
into action when they pressed their claim against the Bundesbahn in the Court of
Justice (43/58 and26/59). The enterprises wanted the HA to force the Bundesbahn
to compute the rates for Ruhr coal going to the Lorraine over the shortest route,
through Venloon the German-Dutch border. Although the suit was finally rendered
superfluous when the German government introduced trainload rates, 5° the HA's
response to the legal attack was a vigorous campaign to negotiate a settlement.
But what happens when the injured party is not interested in advancing the rules
of the treaty? In two cases, involving the Italian coke industry, the interests of the
injured party were clearly separable from the legal principles involved. In one case
(4/56), again involving the early stages of the HA's cartel program, the executive
was clearly vulnerable to charges that the three "separate" coal sales agencies were,
in fact, operating as a single cartel, contrary to provisions of Article 65. Consequently,
the HA took the initiative and managed to bring off a negotiated settlement. The
Ruhr made concessions on the one point which interested the Italians- access to the
short supply of Ruhr coal. The suit was then withdrawn, and questionable operations
of the cartel continued unhampered and untested. 51
178 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
The other case was similar but more complicated. The Italian coke makers again
appealed to the Court (35/59) in an effort to win concessions from the producers of
gas coke in Germany. It was claimed that gas coke was being "dumped" on the Italian
market, causing appreciable disturbances. When the HA refused to act the suit was
filed, but once again both sides preferred to avoid a judgment. A compromise was
reached giving the HA continuing authority to collect information on shipping and
pricing practices and to arbitrate disputes which arise. 5 2 Obviously, the settlement
bypasses Community rules and gives the HA ad hoc responsibility for dealing with
subsequent disputes. 53
There remain four out-of-court settlements which have not been discussed. While
they could have been divided between the two basic categories, they differ from the
other cases in that the legal merits of the questions are very much in doubt. Since these
settlements are of little importance for our purposes, they can be disposed of in rather
summary fashion. Suffice it to say that in three of the four instances the parties ob-
tained some relief. In the fourth case, the failure to gain concessions can be attributed
to the vulnerable position of the plaintiff. With a legal skeleton in the closet, it appar-
ently seemed wiser to retreat. In short, these cases again demonstrate the impact of
legal pressure on the political process. 54
In closing, we may note the likelihood of innumerable out-of-court settlements
which cannot be documented because they never even reach the initial stages of
formal litigation. When an attorney advises a client that a suit would be useless, a
species of out-of-court settlement is taking place. Whether such advice follows pre-
liminary conversations withofficialsoftheHA, orwhethertheattomeydecides simply
on the basis of his own reading of the treaty and prior decisions of the Court, the re-
sult is the same: The law becomes the accepted standard of action. A responsible,
well-informed bar and a stable jurisprudence are the necessary prerequisites of this
kind of development. 55
What are we to conclude from these twelve out-of-court settlements? Clearly, the
success of the suit as a bargaining technique indicates a general respect for the author-
ity of the Court. The result is that bargaining strength in Community negotiations
is roughly proportional to legal strength. Although there is no way of being assured
that out-of-court settlements will be in accordance with the treaty, the choice is in the
hands of the injured party. With the threat of a vigorous assertion of legal rights hang-
ing over negotiations, real concessions may be obtained. Certainly the position of the
HA in its bargaining with enterprises and member governments is strengthened.
Even if it prefers accommodation to a strict application of Community rules, the
executive can still use its legal leverage to record substantial gains. Recall the case
of ATIC: A hesitant HA, unenthusiastic about going as far as a Court decision, still
managed to extract real if not conclusive concessions. Recall also the bargaining over
the amendment to Article 65. Although the amendment was finally rejected by the
Court, it was clear that both the provisions of the treaty and predictions of the atti-
tude of the Court had a significant impact on the final proposal.
These conclusions are substantiated by interviews with responsible officials at the
HA and the Commission, the executive organ of the Common Market: Both find that
RULE ADJUDICATION 179
the threat to begin legal proceedings is a potent weapon against both the enterprises
and the member governments. One highly-placed Common Market official, who also
had considerable experience in the Coal and Steel Community, indicated that the
passive role of the Court is among its most important attributes. He contended that
the existence of the Court tends to force negotiations and settlements to cluster around
the treaty.
The advantage of the bargaining process over the judicial process is its flexibility.
Out-of-court settlements can be forced into constitutional paths, but undesirable
rigidity can be avoided. If political decisions do not follow the precise course which
a rule of law commitment would call for, emerging practices are channeled and sta-
bilized. This productive interaction between the judicial and the political processes
thus fits well into the regional pattern. In this sense, the Court becomes the perfect
partner in the Community's corporative political process.
other hand, even in the early stages of integration we have learned that the political
process cannot be perfectly plastic. At any rate, despite occasional-and generally
appropriate- retreats from the rule of law, the judges have been able to foster the
necessary respect for the judicial process.
1 The same idea has been expressed in terms oflaw and politics as follows: "Perhaps the purest analytical
concept of law is that in which an impartial judge objectively applies a pre-established rule to decide a con-
troversy. And perhaps the purest analytical concept of 'politics' is that in which the stronger influence or
interest regulates the social distnbution of values. Morton A. Kaplan and Nicholas de B. KatzenoaCh, The
PoliticalFoundationsofinternationalLa w(NewYork: Wiley, 1961), p. 3.
2 The multinational composition of the Court has created no problems which are of basic relevance to this
study. Consequently, there has beennoattempttotouchon themultitudeofbothersome and time-consuming
difficulties of this sort which have plagued the Court since it first began to sit. Suffice it to say that the com-
parative technique has become part and parcel of the Community process and has resulted -with varying
degrees of success-in a synthesis of the legal concepts of the six member states; it is generally felt that the
French tradition is dominant. For the most explicit example of comparative jurisprudence, see Advocate
GeneralLagrange'sstudyofdetoumemen tde pouvoir, 3/54, Assiderv. H.A., 1 Rec.123, 143-75 (1955).
3 See author's The Rule of Law in European Integration, pp. 43-44.
• 2 & 3/60, Niederrheinische Bergwerks AG v. H.A., 7 Rec. 261, 289 (1961 ).
5 Haas, p. 309, italics supplied.
'It is not my intention to question the procedural grounds upon which the judgment stands. This analysis
seeks simply to determine when the judges are entitled to sidestep sensitive problems. Even if the Court
felt that these procedural shortcomings were compelling, some obiter dicta guidance would have been
possible.
7 In French administrative ll!w the notion is embodied in the category, acte de gouvemement. See M.
Waline, Droit administratif (8 ed. Paris, Editions Sirey, 1959), pp. 190-99, and Charles E. Freedeman,
The Conseil d'EtatinModemFmnce (New York, Columbia University Press, 1961 ), pp. 116-17 and 126-27.
See also Hans G. Rupp, "Some remarks on Judicial Self-Restraint," Ohio State Law Journal, 21 (1960),
pp.503-15.
8 As Talcott Parsons has written, "One of the very important aspects of legal procedure is to provide a
mechanism for the 'cooling off of the passions aroused.... The important thing .is that a person under strain
should have some opportunity for 'tension release' that is treated as institutionally legitimate." "The Law
and Social Control" in William M. Evan, ed., Law and Sociology (Glencoe, ill., Free Press, 1962), p. 68.
9 From the address of President Donner at the swearing in of Judge Lecourt, 18 May 1962 (Document
#11, 444-mimeo., p. 2).
1°For a recent critique, see Stanley Hoffmann, "Discord in Community," in Francis 0. Wilcox and H.
FieldHaviland,Jr.,ed., The Atlantic Community: Progress and Prospects (New York, Praeger, 1963), pp.
10-13.
11 D. F. Aberleetal., "TheFunctionalPrerequisitesofaSociety ," Ethics,60 (1950), p.103. Italics supplied.
12 Talcott Parsons, in Evan, ed., Law and Sociology, pp. 58-59.
13 For a fuller treatment, see Chapter 1, complete work.
14 The E.C.S.C. Treaty thus stands in contrast to the Common Market Treaty which is classified
as a
traite cadre, a framework treaty. See Paul Reuter, "Juridical and Institutional Aspects of the European
Regional Communities," Law and Contempomry Problems, 26 (1961), 382.
15 Scheingold, op. cit., pp. 16-19.
16 Italics supplied.
17 3-18, 25 & 26/58, Barbara Erzbergbau AGv. H.A., 6 Rec. 367, 407 ...{)8 (1960 ).
16 Scheingold, op. cit. pp. 145 and 148.
19 30/59, De Gezamenlijke Steenkolenmijnen in Limburg v. H.A., 7 Rec. 1, 39-40 (1961 ).
20 2 &3/60,NiederrheinischeBergwerksAG v. H.A., 7 Rec. 261,288 (1961).
21 8/55,FederationCharbonnieredeBelgiq uev. H.A.,2 Rec.199,314 (1956).
22 32 & 33/58 Societe nouvelle des usines de Pontlieue-Acieries du Temple v. H.A., 5 Rec. 275,
306·07
(1959).
23 13/60,Comptoirsde Ventev. H.A., 8 Rec.165, 212 (1962).
24 Document#11440, p. 3 (mimeo).
25 Scheingold, op. cit., Chs 3 and 4.
"Ibid.
27 Supra, note 11.
28 9/56,Meroni&Co.,IndustrieMetallurgi sche, S.P.A. v.H.A.,4Rec. 9, 44 (1958).
29 6/54, Netherlands v. H.A., 1 Rec. 201,227 (1955).
30 Scheingold, op. cit., p. 129.
31 Ibid., p. 128.
RULE ADJUDICATION 181
32 Ibid., p. 123.
33 1& 14/57,SocietedesusinesatubesdelaSarrev.H.A.,3Rec. 201,220-21 (1957).
34 Supra, p. 168.
35 For a discussion of this distinction-integration as a _process vs. integration as a condition-and its
general significance in thestudyofEuropean unity, seeLindberg,PoliticalDynamicsofEuropeanEconomic
Integration, pp. 4-8.
36 Aberle eta!., Ethics, p. 103.
37 The obvious resemblance to the functional theories of society developed by the sociologists is, of course,
not accidental. Many of the categories used in these functional theories, the so-called "functional prerequi-
sites of a society," are readily adaptable to the analysis of legal rules and thus provide an obvious link be-
tween the two disciplines. The well-known article cited above (note 11 ), "The Functional Prerequisites of a
Society," specifies, inter alia, the following categories:" a shared articulated set of goals," "the normative reg-
lationofmeans," and "role differentiation and role assignment" (pp. 104-11). The utility of these functional
prerequisites is described as follows: "Role differentiation specifies who is to act, wbile the common articu-
lated set of goals defines what is to be done. The normative regulation of means tells how these goals may be
won" (p. 108). Of course, this functional assessment rests on assumptions about the nature of society which
are not yet verifiable. However, the hypothesis is suggestive and provides clear and meaningful, if not
definitive, standards for gauging the work of the Court of Justice.
38 Needless to say, the usefulness of testing judicial review according to how well it fits into the political
pattern is entirely dependent upon whether or not the Community has been pursuing the proper course. lf
the path chosen is a blind alley, it could be argued that the Court would make its most valuable contribution
by swimming against the tide. On the other hand, in these circumstances it is unlikely that the Court would
be capable of forcing a more rigidly supranational pattern on the member governments.
39 Haas, Tlw Uniting of Europe, p. 526, italics supplied .
•• Ibid., p. 523.
41 Ibid., p. 524. This process has been much more pronounced in the Common Market. Working in the
same general manner, the Commission has exercised considerably more initiative and demonstrated more
skillinproddingtheCouncilofMinisters. SeeLindberg,op. cit., pp. 65-73.
42 Scbeingold, op. cit.
43Ibid.
••Ibid.
45 The firm questioned the HA's right to tax on the basis of estimates made by the executive of Maccbior-
latti's production. The HA had been forced to take these steps because the steel company had failed to for-
ward the necessary information.
•• A Luxembourg official who was involved in the litigation explained to me that the suit had been under-
taken against the advice of legal counsel and then, on more careful consideration, withdrawn .
., Scheingold, op. cit., pp. 233 and 240-41.
•• Ibid., p. 152.
•• Ibid., p. 162.
50Ibid., p. 146.
" See the Italian communication withdrawing its suit, dossier 4/56.
52 Europe CECA, 8 June 1962, p. 3.
53 It should be noted that gas coke is only peripherally a treaty product (see Annex #1 of the treaty). More-
over, there is good reason to believe that the pricing rules of the treaty will at least set a framework for the
negotiations.
54 Ofthe four settlements, two concern scrap: 3/56, bro~t by the Italian Govenrrnent, and 11 & 12/55,
filed by two Italian steel associations. (On the final compromise, see Europe CECA, 9 February 1956, p. 1.)
Theothertwocasesconcemcoalproblems. The French objected to the prices set by the HA for Belgian coal,
and when the govermnent filed suit (3/53) Belgium retaliated with a court attack (4/53) on some of the
practices of ATIC. For an explanation of the French withdrawal, see HA, Second Generol Report (1954),
p. 82. The Belgians, who backed off without concessions, explained their position rather cryptically in a note
to the Court withdrawing their suit (see the dossier, 4/ 53). In this latter case the Court was spared the dif-
ficult task of dealing with the HA's admission, in the written procedure, that the program under fire was in
itself illegal but that its elimination depended upon a prior solution to other problems.
55 It would be misleading to speak about a special bar of Community attorneys, because the Court is open
toanyattomeywhois permitted topleadcasesinhisowncountry. However, it is becoming clear that a rela-
tively small group of lawyers is devoting a rather large portion of its energies to the legal problems of the
European Communities.
Patricia Berko Wild
INTRODUCTION
The Algerian-Moroccan border conflict provided the Organization of African Unity
(OAU) with the firsttest of its machinery and procedures for peacekeeping and for the
From: International Organization, Vol. XX (Winter 1966), pp. 18-36. Reprinted by pennission of the
author and of International Organization.
182
RULE ADJUDICATION 183
Delimited boundcry
......
__________ .. __.,1
<zgz~1~:;!i¥ ---
Trinquet Line
----------._
\
-..., .. ?
Area in dispute
Location uncertain
ministrative frontier known as the Varnier Line between Teniet-el-Sassi and the town
of Figuig in Morocco. The Franco-Moroccan Treaty of 1912, establishing a French
protectorate over Morocco, did not clarify the boundary situation. In the French view,
most of the region south and southwest of Teniet-el-Sassi was uninhabitable, and its
delimitation was unnecessary. In 1938 a French military administrator in Morocco,
Colonel Trinquet, proposed a new boundary which would have placed much of the
desert region within Morocco. While tbis plan was rejected by the French govern-
ment, the town of Tindouf (formerly Mauritanian and later placed within Algeria)
remained under Franco-Moroccan military administration until 1952. Difficulties
arising from the unresolved border rationalization have been further complicated by
the inconsistency of official Frenchmaps which have shifted the location of the Varnier
Line several times. 5 When Morocco became independent in 1956, its border with
Algeria remained only partially defined as it had been since 1845. 6
This legitimate boundary problem was further complicated by the discovery of
important oil and mineral resources in the Sahara. While large quantities of oil have
been discovered in the Algerian Sahara, concessions granted by the Moroccan
government to foreign concerns have not led to the discovery of oil in Morocco. One
million tons of 45 per cent manganese ore have been discovered at Jebel Gettara in
the Bechar region of Algeria. More than two billion tons of over 50 per cent iron ore at
GaraJebilet near Tindouf have not been exploited because of the refusal of the Moroc-
can government in 1958 to permit shipment through the Tarfaya region of Morocco. 7
In order to promote the exploitation of the economic resources of the Sahara, the
French government created the Common Organization of the Saharan Regions
(OCRS) in 1957. The OCRS originally included Mauritania, the Saharan region of
Algeria, Soudan (Mali), Niger, and Chad, and were administered by a French Dele-
gate-General. 8 The Statute of the OCRS was revised in 1959 and 1960 following the
granting of autonomy and later of independence to the territories of French West and
Equatorial Africa. 9 The EvianAgreementsofMarch 19, 1962, granting independence
to Algeria, abolished the OCRS and replaced it with a joint Franco-Algerian Saharan
Organisme. The Organisme was created to exploit the oil and mineral resources of
the Algerian Sahara with equal financial support from France and Algeria. Algerian
leaders made it clear that they had no intention of sharing the exploitation of these
resources with countries other than France. 10
Between 1956 and 1962 the Moroccan government refrained from negotiating
with France regarding the undefined border area, asserting that the delimitation of
the frontier should await Algerian independence. 11 However, in July 1961 the Moroc-
can government concluded a secret agreement with the provisional government of
the Algerian Republic which recognized "the territorial problem created by the
delimitation imposed arbitrarily by France" and which stated that "this problem will
be resolved through negotiations between the Kingdom of Morocco and the Govern-
ment of Independent Algeria." 12
This agreement was later obscured when political considerations intervened to
complicate the frontier issue. These political factors involved, first, the role of irre-
dentism in Moroccan politics and, second, an ideological clash between the regimes of
Morocco and independent Algeria.
186 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
With regard to the irredentist policy of Morocco, the question of uncertain land
frontiers becameexcessivelyimportantinMoroccan politics after Allal al-Fassi, leader
of the Istiqlal (Independence) Party, put forward claims to Morocco's "historic" fron-
tiers, a claim which included the Western Sahara as far as the Senegal River. 18 Be-
tween 1956 and early 1958, claims toMauritaniaand to other territories were avoided
by nationalist leaders other than al-Fassi. 14 Early in 1958, however, under pressure
from al-Fassi and the Istiqlal, the King of Mcrocco officially adopted the claim to
Mauritania. 15 It has been suggested that the acceptance by the King of the irredentist
policy may be explained by reference to domestic political problems. During the
period between Moroccan independence and the adoption of the irredentist policy,
national solidarity forged during the independence struggle gradually declined. It
was not until the complete breakdown of this solidarity, demonstrated by factional
struggles among political parties and by violence in the countryside, that the irreden-
tist issue was accepted by Moroccan politicians and by the King. 16 The irredentist
issue then provided a simple device for the purpose of blurring political differences
and stimulating patriotic feelings. 17 With the Mauritanian claim as the cornerstone of
Moroccan foreign policy, the official Moroccan preoccupation with irredentism led to
the isolation of Morocco in Africa. 18 In 1961 Morocco withdrew from a meeting at
Addis Ababa on African economic cooperation in protest at the participation of
Mauritania. Later in 1961 Moroccowithdrewforthe same reason from a meeting held
in Accra on radio and television. 19 Most important, Morocco was not represented at
the Summit Conference of Independent African States held at Addis Ababa in May
1963. 20
The irredentist posture of Morocco naturally constituted a menace to Algeria. Fu-
ture difficulties between Algeria and Morocco on this issue were foreshadowed in the
general debate during the seventeenth session of the United Nations General As-
sembly. While the Moroccan Foreign Minister stated that:
Since 1956, the date of the proclamation of its independence, my country has not ceased calling
on the Powers concerned to restore its territorial integrity and to give back all the parts of its
national territory which remain under various statutes outside its sovereignty. 21
it is necessary that every Power should adhere unreservedly to the principles enshrined in the
United Nations Charter and abandon all expansionist ideas. 22
With regard to ideological differences between the two regimes, these are based
on hostility between the traditionalist monarchy of Morocco, which has adopted a
policy of economic liberalism, and the revolutionary socialist regime of Algeria. In
late 1963 most of the former colonial lands in Morocco were still owned by foreigners
while in Algeria all foreign lands had been nationalized. Algerian leaders have no de-
sire to emulate Moroccan policies, but a great many Moroccans are tempted by the
Algerian experiment, and a profound sympathy links the left-wing opposition in
Morocco to the Algerian regime. 28
RULE ADJUDICATION 187
The legitimate boundary issue was thus complicated by important economic and
political considerations. It is only against this background that one can assess the out-
come of OAU intervention in the conflict.
North African summit meeting. At the same time he deplored the "aggression com-
mitted against Algeria." 49 The obvious bias of President Nasser in favor of Algeria,
which was given concrete expression through Egyptian military assistance, 50 clearly
excluded mediation of the dispute by the United Arab Republic. Efforts at mediation
of the conflict by the Arab League met a similar fate since the Arab League was said to
be sympathetic to Algeria. 51 In this atmosphere of diplomatic confusion, the mediation
efforts of Emperor Haile Selassie and of President Modibo Keita were more success-
ful. The Emperor succeeded in persuading President Ben Bella and King Hassan to
meet with him and with President Modibo Keita at Bamako, Mali, on October 29. 52
TheBamakomeetingmarkeda turning point in the diplomatic evolution of the con-
flict since it constituted an important step toward effecting an African settlement.
PriortotheBamakomeeting, a fundamental diplomatic issue had arisen-whether or
not the dispute would be submitted to the United Nations, to the OAU, or to some other
organ. The Moroccan government had asserted its right to submit the dispute to the
United Nations 53 or to a North African summit meeting since the Tunisian President
was thought to be sympathetic to Morocco. 54 However, the Algerian view was sup-
ported by the Ethiopian Minister of Foreign Affairs who criticized the Moroccan atti-
tude during a press conference held on October 26 and stressed the "mission" of the
OAU in resolving differences among Africans. 55 Considering the diplomatic isolation
of Morocco in Africa and its absence at the Addis Ababa Conference of May 1963, 56
it is not surprising that the Moroccans were reluctant to seek an African settlement of
the dispute. At the same time the diplomatic position of Algeria was very strong in
Africa. The Algerians benefited from a certain sympathy evoked by their suffering
during the Algerian War of National Liberation. Moreover, with the prominent place
of irredentism in Moroccan policy, the Algerian government was aware that it could
base its legal arguments on the acceptance by the Addis Ababa Conference of the
principle of uti possidetis. 57 Thus, on the eve of the Bamako meeting the Algerian
government enjoyed a strong diplomatic position while the Moroccans, still in control
of Hassi-Beida and Tinjoub, were in a strong military position. 58
The Bamako meeting, held on October 29-30, achieved a limited success. In its
final communique the four heads of state announced the following decisions:
(1) The immediate end of hostilities on 2 November at zero hours; (2) the creation of a com-
mittee composed of Algerian, Moroccan, Ethiopian, and Malian military officers, which would
define a demilitarized zone; (3) the supervision of security and military neutrality in the de-
militarized zone by Ethiopian and Malian observers; (4) the request for an extraordinary meet-
ing of the O.A. U. Council ofMinisters, for the purpose ofcreating a committee of arbitration to
effect a definitive solution of the Algerian-Moroccan border dispute; (5) the cessation of hostile
propaganda attacks as of 1 November. 59
While the communique declares the satisfaction of the parties with the contribution
of the Bamako conversations to "the maintenance of peace and to the strengthening
of African unity," 60 neither the maintenance of peace nor a purely African settlement
of the conflict was immediately assured by the Bamako meeting.
OnNovember 1 theMoroccangovernmentannounced an Algerian attack on Figuig
and declared that Moroccan troops would not be withdrawn from Hassi-Beida and
190 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
To wish to impose unilaterally the least revision of the Algerian-Moroccan border is without
doubt to create a precedent or an unfortunate jurisprudence for the future of many African
states ....
Just as there is a dynamic of war or of peace, there is a dynamic of territorial claims. The Al-
gerian people and their Government believe it to be their duty to call your attention to . . . this
danger. The only remedy which will preserve security and ensure political stability on our Con-
tinent, is the . . . destruction at the outset of the seeds of division. 75
The wording of the resolution appeared to establish the primacy of OAU institutions
over the United Nations in case of a breach of the peace in Africa.
At the same time the resolution created a special committee charged with effecting
a definitive settlement of the dispute:
The Special Committee of Seven was thus to function as would the projected Com-
mission of Mediation, Conciliation, and Arbitration. Its mandate was quite broad
sincePoint4 of the Bamako communique merely stated that an extraordinary meeting
of the OAU Council of Ministers was requested "for the creation of a committee of
arbitration for the definitive settlement of the Algerian-Moroccan border dispute" 78
and that the Committee was free to establish its methods of operation. It appeared that
the Bamako cease-fire committee would continue to fulfill a peacemaking function
while the Special Committee of Seven would attempt to effect a peaceful settlement
of the dispute.
The extraordinary session of the OAU Council of Ministers had achieved consider-
able diplomatic success. While it may be assumed that the Algerian government had
won a preliminary victory when the extraordinary session was convoked, the Moroc-
cangovernmenthadmetwithequitable treatment at the meeting. The Moroccan gov-
ernment considered the Council's acceptance of the Bamako agreement and its
rejection of the Algerian note as a victory for Morocco. Moreover, the creation of a
special committee for the purpose of settling the boundary dispute supported the
Moroccan thesis that no boundary existed in the disputed area. The Moroccans dis-
covered that their fears with respect to OAU intervention had been unfounded, and
they we.·e greatly reassured as to the possibility of achieving a basic solution of the
problem. 79
RULE ADJUDICATION 193
Hassan, having reaped the domestic political rewards of the conflict, were at last
ready to agree to a permanent settlement of the dispute. 87
It should be emphasized that the conclusion of the agreement of February 20 had
been facilitated by the efforts of the Bamako cease-fire committee. The OAU Special
Committee continued its work with less noteworthy success. During the second regu-
lar session of the OAU Council of Ministers, held at Lagos on February 22-29, 1964, 88
the Council again heard declarations by Algerian and Moroccan spokesmen. It studied
a report on the situation which had been presented by the Special Committee of Seven
and recommended that direct contacts be established between the Special Committee
and the Bamako cease-fire committee. 89
Relations between Algeria and Morocco improved considerably during April and
May 1964. In mid-April an exchange of prisoners took place. 90 On May 11 an Algerian-
Moroccan communique expressed satisfaction with the work of the OAU Special
Committee and established a mixed committee on an ambassadorial level which was
to meet on May 25. On May 29, at the close of these meetings, it was announced that
the two governments had agreed that: 1) free passage of persons and property be-
tween the two countries would be resumed; 2) as of June 8, nationals of the two coun-
tries who had been expelledfromeithercountryduring the hostilities of Autumn 1963
could return to their previous domiciles; 3) the victims of the events of Autumn 1963
would be compensated; 4) the property of victims would be returned; 5) all necessary
assistance would be granted to the victims so that they might resume their normal
activities; and 6) all restrictions placed by the governments of either country on the
liberty of nationals of the other country would be lifted. 91
The reconciliation between the two countries was further demonstrated by an ex-
change of ambassadors in the latter part of May and by Moroccan support, during
discussions held by African countries in Algiers on May 26-29, for a project providing
for the construction of a trans-Saharan road passing through Algeria. 92
Thisresumptionoffriendlyrelationsnotwithstanding, the OAU Special Committee
continued its deliberations. It met at Bamako from April24 to May 7, 1964, 93 and
again on October 20-30, 1964, in Algiers and Rabat. After this meeting the Commit-
tee announced that it was awaiting the final observations of the disputants before
submitting its final recommendations to the Algerian and Moroccan governments.
However, the final recommendations of the Special Committee have not been made
public.
More recently, in May 1965, President Ben Bella and King Hassan met at Saidia on
the Algerian-Moroccan border. Their meeting resulted in a significant detente in
Algerian-Moroccan relations. 94 While neither party had expected to find a solution
tothefrontierproblem at the meeting, they had hoped to effect a reconciliation which
would lessen the importance of the problem. Observers noted that during the pre-
ceding few months each government had taken care to refrain from interfering
in the other's domestic politics in accordance with the principle of nonintervention
imposed by the Addis Ababa Charter. 95 Thus, while no legal settlement of the border
dispute was effected, 96 relations between Algeria and Morocco were greatly im-
proved.
RULE ADJUDICATION 195
whether or not an extraordinary session could be convened at the request of only one
of the disputants in similar cases.
It should also be noted that there was a delay of fifteen days between the publication
of the Bamako communique calling for an extraordinary session and the convening of
the session on November 15. In the interim, peace and security in the combat area
were assured by a cease-fire committee which was not then attached to the OAU. The
delay involved in obtaining the required consent of two-thirds of the member states
may prove to be a hindrance to the effectiveness of OAU peacekeeping activities in
the future.
4)Thetentative resolution of the "Try OAU First" issue. The fact that the Algerian-
Moroccan case was never submitted to the United Nations does not point to the con-
clusion that the OAU won the legal or political right to consider such cases to the
exclusion of the United Nations. The decision to bypass the United Nations in the
Algerian-Moroccancasewasdue to the reluctance of the Western powers to be drawn
into an East-West confrontation over the issue. In these circumstances an "African
settlement" seemed to be the only practical alternative. It remains to be seen whether
ornottheOAU could deal effectively, and to the exclusion of the United Nations, with
a dispute involving the major powers.
•• Ibid., p. 31.
•• LaRevuedel'O.U.A., 1st Year, No.1, p. 38.
•• Le Monde, May 14, 1965.
95 Le Monde, May 13, 1965.
96 Le Monde, May 14, 1965.
CHAPTER VI
The articles in this chapter are introduced as a group rather than individually.
The pieces by Mr. Nowzad and Dr. Baker are general surveys of recent devel-
opments in Africa and Latin America respectively. Both analyze the recent
proliferation of regional and sub-regional organizations in these two conti-
nental areas. This ferment is indicative of the ongoing efforts to mold viable
political institutions out of a confusing welter of nationalistic goals and aspir-
ations in these regions.
The excerpt from Dr. Gordon's book is not intended to be a general survey
of the Southeast Asian region but is included for its timely discussion of de-
fense considerations as a mobilizing factor for regional integration in that
area. Although most observers do not consider defense factors to be a sound
basis for long-range integration of regions, Dr. Levi'swritings (see Chapter Ill)
suggest that defense might bean integrative factor for the new Association of
Southeast Asian Nations (ASEAN). Dr. Gordon pursues this point in much
greater detail. NATO, SEATO, the Arab League, inter alia, have not proven
successful as organizations with high integrative potential. However, the
threat of Chinese domination and the ambivalent nature of the possible post-
Vietnam role of the United States in the region have created a different set of
dynamic factors which may provide an initial impetus for integration among
the Southeast Asian states. This article, then, serves two purposes: It raises
the possibility that defense considerations might be a viable approach to
integration in this particular region; and it presents a contrast to the economic
and cultural approaches stressed in the other articles in this study.
The final article, by Professor Nye, presents current thinking in the United
States toward regional international organizations. No survey of regionalism
would be complete without some understanding of the attitudes of this coun-
try, which has traditionally supported regional movements in general and
certain movements in particular as part of its overall policy of containment
of Communism.
200
Bahram Nowzad
Furthermore, the postwar progress toward integration in Europe has made a con-
siderable impression on many countries, and the European Payments Union and
the European Economic Community (EEC) are frequently, if uncritically, cited as
models of integration in payments and trade, respectively, and their roles in the
economic recovery and progress of postwar Europe underscored. This has encour-
aged, in some quarters, the idea of a simple and causal relationship between integra-
tion and economic recovery or growth.
In summary, economic integration is seen as a method of providing a more viable
basis for economic growth and, more especially, for industrialization, while main-
taining the national independence of the countries concerned. 3 It is also recognized,
however, that integration will not provide a panacea for the problems of economic
development. For example, in the arguments favoring free trade among developing
countries within a system of high external tariffs against imports from third countries,
it is realized that many regions are economically too small to induce industrial invest-
ments even in a highly protected market. There is, furthermore, no suggestion that the
developing countries can dispense with their export markets and depend solely on
intraregional trade. As regards the procedural and institutional aspects of integration,
it is recognized that such a process would face serious obstacles and difficulties,
notably, political rivalries and nationalism, obstacles of a natural and topographical
character, difficulties connected with the variance in the level of development
reached by the various countries, and the possibility of excessive concentrations of
investment in particular areas and consequential disparities in the development of
different regions (i.e., the process of polarization).
This paper attempts to analyze the case for economic integration in Central and
West Africa and the problems and issues that arise in connection with this. A brief
description of existing institutions in this region is also included.
TABLE 1. Selected countries: population and gross national product (GNP), 1965
TOTAL GNP
(BILLION
POPULATION PER CAPITA GNP u.s.
COUNTRY (MILLIONS) (U.S. DOLLARS) DOLLARS)
Developed countries
Belgium 9.5 1,540 14.6
Denmark 4.8 1,740 8.3
France 48.9 1,620 79.2
Germany, Fed. Rep. 59.0 1,620 95.6
Netherlands 12.3 1,360 16.7
Sweden 7.7 2,130 16.4
United Kingdom 54.6 1,550 84.6
United States 194.6 3,240 630.5
Large developing countries
Argentina 22.3 760 17.0
Brazil 82.2 220 18.1
India 486.8 90 43.8
Turkey 31.1 230 7.1
Central and West African countries 11.79
Cameroon 5.2 110 0.57
Central African Republic 1.3 75 0.10
Chad 3.3 65 0.21
Congo (Brazzaville) 0.8 120 0.10
Congo, Dem. Rep. 15.6 65 1.01
Dahomey 2.4 60 0.14
Gabon 0.4 250 0.10
Ghana 7.7 230 1.77
Guinea 3.5 75 0.26
Ivory Coast 3.8 210 0.80
Liberia 1.0 180 0.18
Mali 4.6 60 0.27
Mauritania 1.0 150 0.15
Niger 3.3 70 0.23
Nigeria 57.5 80 4.60
Senegal 3.5 170 0.59
Sierra Leone 2.4 140 0.33
Togo 1.6 90 0.14
Upper Volta 4.9 50 0.24
Source: International Bank for Reconstruction and Development, World Bank Atlas of Per Capita
Product and Population, 1967.
dustries, and the adaptation of technology to small markets, where possible, would
be costly.
The limited size of the market in the great majority of the countries of this region is
evident from Table 1, which sets out estimates of the population and of the per capita
and total gross national product (GNP) of the countries concerned compared with
those of other countries, both developed and developing. While the data are subject to
204 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
a wide margin of error and represent rough approximations, they indicate that, with
the exception of Nigeria and the Democratic Republic of Congo, the populations of
the countries are generally small and that in all the countries per capita GNP is low.
On the basis of the figures presented in the table, the average population is 6.5 million 6
(or, excluding Nigeria and the Democratic Republic of Congo, almost 3.0 million),
and the weighted average per capita GNP is about US$95.
Various factors can be taken into account in assessing the size of the market of a
given economy (such as area, population and its distribution, and income and its
distribution). However, the two basic factors of population and GNP are sufficient
to show that, at least prima facie, the fragmented markets in Central and West Africa
do not provide a solid basis for industrial development and to suggest that integration
of the various markets would beimportantincreatinga potentiallymoreviablemarket
in the region. Theproblemof size is compounded if certain other factors are taken into
account. First, the level of urbanization, though increasing, is low, and the population
in many of the countries is spread over a large area (see Table 2). Second, transport
and communications facilities are inadequate, and many areas contain semi-isolated
communities with little economic cohesion. Thus, the national markets of the region
are more fragmented than might appear at first sight.
A question often raised in connection with market size is that if relative smallness
is a constraint to economic development, what is the explanation for the relatively
TABLE 2. Central and West Africa: area and population density, 1964
AREA
(HUNDRED SQUARE POPULATION DENSITY
COUNTRY KILOMETERS) (PER SQUARE KILOMETER)
Cameroon 475.4 11
Central African Republic 623.0 2
Chad 1,284.0 3
Congo (Brazzaville) 342.0 2
Congo, Dem. Rep. 2,345.4 7
Dahomey 112.6 20
Gabon 267.7 2
Ghana 238.5 32
Guinea 245.9 14
Ivory Coast 322.5 12
Liberia 111.4 9
Mali 1,201.6 4
Mauritania 1,030.7 1
Niger 1,267.0 3
Nigeria 923.8 61
Senegal 196.2 17
Sierra Leone 71.7 31
Togo 56.6 28
Upper Volta 274.2 17
Source: United Nations, Economic Commission for Africa, Statistical Bulletin for Africa, 1967.
A SURVEY OF RECENT DEVELOPMENTS 205
high degree of development attained by several countries that are relatively small in
landareaandin population (such as Switzerland, Belgium, the Netherlands, New Zea-
land, Sweden)? Among the answers advanced by proponents of integration among
developing countries is that these other countries developed in the late nineteenth
and early twentieth centuries, when international trade was relatively free and that,
in establishing anew industry, a country could include the markets abroad as part of
the market for the industry in question. There were, however, other factors involved.
Many of the smaller countries benefited from their proximity to larger countries, with
considerable economic intercourse and similar social structures. A second factor was
technological: Economics of scale did not mean quite the same then as they do now-
the level of technical progress was much lower, and the minimum efficient size of many
production units was smaller. Furthermore, the technological gap between various
countries was narrower and easier to overcome.
Such comparisons are of questionable value, however, as numerous other factors
outside the scope of this paper have been important to the economic growth of a
particular country, for example, the importance to New Zealand of the development
of refrigerated ships. The essential question is whether, under present conditions,
thesmallsizeofnationalmarketsis an impediment to more rapid growth and whether
integration would help to provide a solution. Enlargement of a national market and
the enhancement of investment opportunities are expected to have two major effects:
They would allow the utilization of unexploited resources and a better use of existing
resources and capacity by making possible economies of scale, a better division of
labor, and thus more efficient production. With regard to the utilization of available
resources, some comments are made in the next section. As to the better use of present
capacity, Table 3 gives an illustration of the extent of the problem at present. H they
could sell to a greatly enlarged market, many existing industries could operate closer
to capacity, and the dangers of future duplication of industries and of excess capacity
in the region might be lessened appreciably. Besides these possible benefits of eco-
nomic integration, other advantages have been claimed -notably, that the countries
involved are strengthened politically and, as a group, are in a stronger position to
negotiate with other countries and groups.
TABLE 3. Central and West Africa: industrial capacity and output in selected industries 1
Source: United Nations, Economic and Social Council, Problems ofPlan Implementation, E! AC.54/L.26
(Addis Ababa, 1968).
1 All the industries withtheexceptionofthe bicycleandmotorcycleassemblyplants are situated in Central
African countries; however, available information suggests that a similar situation exists in West Africa
for a wide range of industries.
'Annual.
'1965-66 for most products,1965 for bicycles and motorcycles.
• Bottles, sacks, piping, tableware, and apparel.
of national markets. Examples of such industries are those that produce furniture,
plywood, and glass containers.
The above-mentioned industries provide some indication of the areas in which
industrialdevelopmentonaregional basis may be possible. Expansion in certain other
sectors would also be important and, in certain cases, a prerequisite. The two main
sectors are energy and transport. With regard to energy, the region is well endowed
in resources, but its transport facilities are inadequate and comprise a major obstacle
to economic integration. The existing transport network seems to have been based
mainly on military, political, or administrative considerations, or to have been devel-
TABLE 4. Central and West Africa: major exports as a percentage of total exports 1
oped primarily for promoting trade between the (former) colonies and the industrial
would. 9 An improvement and expansion of the existing transport network, especially
as regards new transport links within the region, would be vital to the economic inte-
gration of the area.
Foreign trade
Foreign trade plays an important role in the economies of Central and West Africa,
butitis not possible to generalize about its significance to their economic development.
National income data, where available, are inadequate: The export/GNP ratio, for
example, varies from less than 10 per cent to more than 50 per cent, and the ratios for
individual countries vary considerably according to the period selected. The above-
mentioned ECA report on Central Africa found ratios of between 15.2 per cent and
42.0 per cent. Another survey, using the latest available figures (mostly for 1965),
foundratiosofbetween5 percent and 75 per cent, taking into account Central as well
as West African countries.
Exports are predominantly composed of a limited range of agricultural and mineral
products, while imports comprise a wide range of consumer goods, capital equipment,
and food. Ofparticularnoteisthenarrowrangeofthe export sector. Table 4 shows the
relative importance of the major export products as a percentage of total exports, using
1965 data; in most instances two or three products account for 60-90 per cent of total
exports.
A third feature is the highly skewed direction of trade. It can be seen from Table 5
thatinmostcasesthemajorsourceofimportsandthemainmarketforexportscontinue
to be the former metropolitan country, mostly France or the United Kingdom. This is
true for all countries except, on the export side, Congo (Brazzaville), the Democratic
Republic of Congo, Guinea, Liberia, Mali, and Upper Volta, and, on the import side,
the Democratic Republic of Congo and Guinea. Some of those countries have estab-
lishednewtradinglinks andfoundnewtradingpartners. For example, Guinea's major
trading partner is now the United States, while Ghana, Guinea, and Mali have estab-
lished trade ties with the state-trading countries of Eastern Europe.
Another feature of the region's trade structure is the contrast between the strong
trade links with the former metropolitan country on the one hand and the weak in-
traregional trade links on the other. With few exceptions, the proportion of exports
to, and imports from, other African countries would appear to be rather small. For
example, intraregional trade among the members of the Central African Customs
and Economic Union 10 accounts for about 5 per cent of their total trade. Thus, inte-
gration in Central and West Africa would be starting from what might almost be de-
scribed as a position of nontrade. It is to be noted, however, that intraregional trade
isprobablymoreimportantthan the statistics show, because a substantial amount goes
unrecorded. Thecombinationofuncontrollablefrontiers and import taxes encourages
contraband trade.
The foregoing data tend to strengthen the case for economic integration in the area
set forth at the beginning of this section. On the one hand, preliminary studies have
shown the area to be relatively well endowed in a wide range of resources, the eco-
nomic exploitation of many of which is not profitable on the basis of sales to domestic
A SURVEY OF RECENT DEVELOPMENTS 209
TABLE 5. Central and West Africa: foreign trade, 1965 (In millions of U.S. dollars)
EXPORTS IMPORTS
Source: International Monetary Fund and International Bank for Reconstruction and Development,
Direction of Trade, Annua/1961-65 (Washington).
1 Includes ships registered under Liberian flag.
2 1964 figures.
markets. On the other hand, it has been shown that most of the countries are mainly
dependent on external trade, characterized by a narrow range of exports to one or a
few countries. The intraregional trade is, with few exceptions, marginal.
The a priori argument for integration which follows is that the formation of a cus-
toms union would contribute to a better utilization of resources and an increase in
intraregional trade.
Union (Union Douaniere des Etats de l'Afrique de l'Ouest, or UDEAO), and the
Economic Community of West Africa (ECWA). Two other organizations, concerned
with monetary matters, have a bearing on integration, namely, the two common cen-
tral banks of Central Africa and West Africa, respectively. Finally, most countries
of the region are jointly linked to the EEC through the Yaounde Convention. These
organizations are briefly described below.
gress. A complete unification of most import taxes (duties and turnover taxes) has
been achieved; a common tariff applies to all imports entering the UDEAC countries
consisting of (1) duties for commodities originating in countries other than the orig-
inal members of the Common Organization of African and Malagasy States and the
EEC, (2) fiscal taxes levied on imports from any country, and (3) a turnover tax at the
rateo£10 percentofthevalueofimported goods plus import taxes; 12 goods circulating
within the UDEAC, on the other hand, are exempt from any import duty, except
where there is a differential in the rate of the supplementary tax between the country
of entry and the country of final consumption; the customs nomenclature has been
fully standardized (on the basis of the Brussels nomenclature); common customs of-
fices have been established throughout the union; the sharing and settlement of the
proceeds of customs duties takes place every three months; the Solidarity Fund is in
operation and a percentage of import duties and taxes levied on all imports into the
UDEAC is credited, for eventual transfer to member countries; transfers under the
taxe unique system described above are being made; a union-wide investment code
has been adopted; 13 and agreement has been reached for the location of one industry
within the UDEAC so that competing industries are not established in other member
countries. The latter concerns the establishment of a refinery at Port Gentil in Ga-
bon.14 Other projects (e.g., a cement factory and a bottle factory) are under con-
sideration.
The UDEAC suffered a setback in April1968 when its two landlocked members,
the Central African Republic and Chad, announced their intention to leave the Union
and to join together with the Democratic Republic of Congo to form the Union of Cen-
tral African States. 15 It is reported that this move was prompted by dissatisfaction over
the distribution of benefits, in particular the distribution of industrial projects-the
establishment of a refinery in Gabon and the favoring of Cameroon as a likely site for
the location of a bottle factory-which led the authorities in the Central African Re-
public and Chad to believe that coastal countries would reap most of the benefits in
terms of industrial projects. Moreover, the two countries were unhappy about the
operation of the taxe unique system and the distribution from the Solidarity Fund.
Althoughsomeprogresshas beenachievedandaninstitutionalframeworkhas been
set up for further integration, it is difficult to make an over-all assessment of the
UDEAC. The absence of adequate data prevents a calculation of the increase in intra-
regional trade resulting from the trade liberalization. While it is probable that, in per-
centage terms, the volume of this trade has increased, its relation to the total trade of
the member countries is still small in most instances. In the all-important sphere of the
harmonization of industrial projects and development plans there is only one concrete
example. In other fields (e.g., transport policies) the provisions for harmonization
largely have yet to be implemented.
of the organization was changed to the Union of Central African States. Other coun-
tries may join the Union, and the possibility of eventual membership of Congo (Braz-
zaville), Rwanda, and Burundi has been mentioned.
The charter calls for the gradual establishment of a common market, and stresses
the "equitable distribution of industrialization projects." It also calls for the harmo-
nization of industrialization, development, transport, and telecommunications poli-
cies, with a view to promoting the balanced growth and the diversification of the
economies of the member countries.
Other provisions include the adoption of an investment code (Code Cadre) favoring
the landlocked regions and designed to help to overcome their natural disadvantages;
the creation of a Compensation and Investment Fund; the levying of taxes designed
to promote the consumption of goods produced within the Union; the creation of an
Investment Bank; and cooperation in the areas of education, security, hygiene, and
science.
Thereislittleinformationon the operations of the UEAC to date. Judging from the
provisions of the charter, it is evident that the Union has stressed an equitable distri-
bution of benefits, referring specifically to landlocked regions. However, in the light
of the Central African Republic's decision to rejoin the UDEAC, the future of the
UEAC is not clear.
and a provisional secretariat were set up, and a first draft treaty was considered by the
Council in November 1967. Theultimateobjectiveofthis Community is to bring about
a common market among the members. The Interim Council meanwhile has put for-
ward proposals for the harmonization and coordination of policies concerning agri-
cultural production, industrialization, development planning, trade liberalization,
the definition and financing of joint projects, and education.
While it is too early to assess the contribution of the Economic Community of West
Africa tointegrationin the region, it is to be noted that it constitutes an attempt, for the
first time in this region, at economic cooperation and integration cutting across divi-
sions of language, history, and existing affiliations and institutions. Appendix I com-
pares the basiceconomicindicatorsoftheECWA with those of other groups in Central
and West Africa. Despite the margin of errors in the data, it is evident that the ECWA
has a much larger potential market and more widespread trading links than the other
groupings.
created in 1955 by Cameroon, the Central African Republic, Chad, Congo (Brazza-
ville), and Gabon. The name was changed toBCEAECin 1959. In most basic aspects
the BCEAEC is similar to the BCEAO: the Bank is administered by a Board (eight
directors from France, four from Cameroon, andonefromeachofthe other members);
there are Monetary Committees in each country, with wide powers pertaining to
monetary and credit policy; the BCEAEC has exclusive right of issue and its external
reserves are posted in an Operations Account with the French Treasury; and free
convertibility of the CFA franc into French francs is guaranteed.
The BCEAO and the BCEAEC have been of considerable value to their member
countries. They have a vehicle for monetary coordination and stability and for ex-
change rate stability through the maintenance of a common currency and the pooling
of reserves with free convertibility into a major currency.
The main contribution of the CFA system to integration is that it removes one of the
major problems that may arise in the formation of a common market. Integration
amongagroupof countriesisdifficultif some members ofthatgrouphave substantially
less stable economies than others in the group. The stability of monetary conditions
and the similarity of policies under the CFA system facilitate moving toward economic
integration.
against $581 million- an increase of about 40 per cent); the aid was to take a greater
variety of forms and be used for a wider range of tasks, and the emphasis on technical
assistance would be enhanced. Moreover, the European Investment Bank, which
hitherto had confined its activities to the EEC member countries, was to extend loans
(sometimes at special rates) to the associated countries. 20
All but $110 million of the assistance under the Yaounde Convention was to be made
available in the form of grants. Most of the aid was to be devoted to increasing the
output of the countries, technical aid for investment projects, and technical coopera-
tion; the remainder was for infrastructure and diversification. The assistance may be
classified as follows: (1) Economic and social investment (infrastructure, develop-
ment of new crops and industries, technical assistance); (2) Technical cooperation
(mainly training programs); (3) Price stabilization (credits to stabilization funds in
times of recession); (4) Diversification (the provision of $230 million in aid to the
adaptation of products to world markets and to the extension of the range of products);
(5) Emergency measures (a reserve fund for assisting associated countries stricken by
natural disaster).
With regard to trade relations, the Yaounde Convention aims at the ultimate estab-
lishment of a nondiscriminatory free trade area between the EEC members and the
associated countries. All customs and quantitative restrictions will be abolished,
although the associated countries have the specific right to retain old tariffs and
quotas, or to create new ones, for the purpose of protecting infant industries. The
preferential treatment accorded by France to certain African countries is to be ended,
and the exports of all the associated countries to the EEC will come under the shelter
of the EEC's common external tariff. 21 By contrast, the associated countries have no
obligation to institute a common external tariff.
Considerable progress has been made toward the establishment of a free trade area
between the EEC and the associated territories. Tariffs on imports into the EEC were
eliminated on July 1, 1968, and customs tariffs on exports from the EEC to the associ-
ated territories have been removed. In the matter of quantitative restrictions, with a
few exceptions all quota restrictions on imports into the EEC have been removed, and
thequotasonimportsinto the associated countries have been fully liberalized on most
items from the EEC.
In view of the establishment of the ECWA, mention should also be made of the
arrangements between Nigeria and the EEC. Nigeria concluded an Association
Agreement in July 1966 by virtue of which most of Nigeria's exports will, when the
Agreement is ratified, enjoy free entry into the EEC; the exceptions are peanut oil,
palm oil, cocoa beans, and plywood, for which duty-free quotas will be established
each year. In return, Nigeria will grant preferences to twenty-six products from the
EEC, although restrictions may be maintained for budgetary purposes or to protect
infant industries. Nigeria will not receive aid from the FED. There are other aspects
relating to rights of establishment of businesses, and to current payments. It has been
estimated that the trade arrangements affect a relatively small percentage of the trade
betweenNigeriaand the EEC, and thus the importance of the Association Agreement
lies more in the precedent that it sets.
216 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Cooperation
Integration inevitably involves difficult issues in harmonizing sectional and domes-
tic interests with those of the regional community. For these issues to be resolved and
for action that signals some merging of the prerogatives of national sovereignty, steady
political support is a necessity.
The existence, prior to the creation of an integrated community, of certain common
institutions for cooperation and for harmonization of economic policies may tend to
mitigate some of the difficulties. Most of the countries of Central and West Africa have
a common past, and they already have several common institutions, such as the two
A SURVEY OF RECENT DEVELOPMENTS 217
common central banks, based on preindependence ties. Moreover, all but four of the
countries inquestionhaveacommoninterest as associated members of theEEC. Thus,
althoughitmay be asserted that the habit of cooperation in this region has been estab-
lished and joint efforts toward an economic community consequently made easier, it
remains to be seen whether the countries in question, having achieved political inde-
pendence in the recent past, will be ready to give up their national sovereignty to any
regional authority to the extent necessary for successful and lasting economic inte-
gration.
are created which go beyond the present divisions. Trade liberalization is likely to
increase the presently low levelofintraregional trade. Given the structure and compo-
sition of the external trade of the countries of the area, however, trade liberalization
alone will have alimitedimmediate impact. Many of the import needs of the countries
of the region for the foreseeable future cannot be supplied by other regional partners,
andmanyoftheexportproductswill continue to rely on markets outside the region. In
sum, trade liberalization by itself is likely to help to raise the volume of trade in pres-
ently traded commodities and may also encourage trade in new commodities; this may
stimulate the development of new industries and lead to a better utilization of present
industrial capacity. However, larger benefits will be in prospect if trade liberalization
is coupled with the harmonization of development policies, especially industrial
policies.
The coordination of development policies covers many aspects. There is, first, co-
operation in development planning, implying the coordination of national economic
plans or planning on a regional level. This form of cooperation at the general policy
level is concerned with such questions as the basic objectives of development, the
broad breakdown of expenditures, and the sources of funds. Most countries in Central
and West Africa have economic plans. These plans at present are essentially no more
than general guides for desirable projects.
Of more importance and potentially greater benefit is harmonization at the indus-
trial and project level. Cooperation at this level concerns the choice of industries
(producingintermediateorfinalgoodsfordomesticconsumptionorforexport) and the
location of industries (in which countries plants should be situated, taking into account
inputs, markets, transport facilities, etc.; where auxiliary plants should be situated,
etc.). Other aspects (e.g., to what extent a particular industry should be vertically or
horizontally integrated; what combination of imports it should use; what type of en-
ergy it should employ) 22 would also be subjects for cooperation. In short, the major
aim of integration at this stage would be to achieve the best utilization of available
resources, given the general objectives of economic policy, by providing a better base
for existing industries, by encouraging new and complementary industries, and by
avoiding industrial duplication in a region that, even with the complete elimination of
trade barriers, would provide a narrow market for some time.
The coordination of investment policies at the industrial level presupposes cooper-
ation in the area of infrastructural development, such as energy, transport, and com-
munications. Without such cooperation, the attainment of some of the goals of integra-
tion may be frustrated. The development of transport in particular is an important
prerequisite for integration: By facilitating the intraregional transfers of goods and
labor, it will enhance the profitability of existing industries and aid the creation of
larger and more economic industrial units producing for the region as a whole. As
mentioned above, in general the system of transport and communications in Central
and West Africa is inadequate; numerous studies are being made to the possibilities
of improving the network of roads, railways, and communications. Improvements
in these fields are of particular importance to Central and West Africa for two addi-
tional reasons: First, as has already been stated, the area is large and sparsely popu-
A SURVEY OF RECENT DEVELOPMENTS 219
lated, with many communities living in astateof semi-isolation. This is a major obstacle
to the cohesion of the area. Second, the area contains some landlocked regions. An
adequatenetworkoftransportconnectingwith theinteriorwould be essential in order
to allow all countries of the region to benefit from integration, especially as many of
the industries are likely to be located near the ports. In view of these considerations,
the construction of adequate communications and other infrastructural facilities is
essential.
Another sphere for harmonization is that of economic policies in general, and par-
ticularlymonetary and fiscal policies. Such harmonization would be imperative for a
full economic union with free movement of goods, services, capital, and labor, but
even before that stage is reached, cooperation in the monetary and fiscal fields would
facilitate the achievement of the objectives of integration. In Central and West Africa
few attempts have been made at harmonizatio:ri in fiscal matters, although, as de-
scribed earlier, some progress has been made within the UDEAC countries. In mone-
tary matters, most countries of the region belong to essentially the same monetary
system, under one of the two common central banks, and a common currency cir-
culates within each of the subregions. Thus, although the habit of monetary co-
operation is well established among the majority of the countries in the region, some
difficulties could arise if new groupings were formed that cut across the present
divisions.
External assistance
Technical assistance is required in numerous industrial, administrative, and educa-
tional areas and, with particular regard to integration, in the creation of the admini-
strative machinery at the national and regional levels. Moreover, external technical
assistance would be helpful at the regional policymaking level, in respect to the mat-
ters mentioned above (e.g., the speed and strategy of trade liberalization, harmoni-
zation of development and industrial projects, cooperation in fiscal and monetary
matters). In Central and West Africa, with few exceptions, close cooperation with
technical assistance from abroad has existed since independence, and many domestic
civil servants have had considerable experience in the field at the national level. The
main problem might be to increase the amount of technical assistance, widen its scope,
and channel it on a regional basis.
The fact that domestic savings in the countries of the region are inadequate to fi-
nance their development needs, and the consequent importance of external financial
assistance, is well known and need not be elaborated on. The success of integration
may initially imply an increased dependence on foreign aid, even though for many
proponents of regional integration one of the final objectives is a reduced dependence
on external assistance. In the interim period, the nature of external aid would change
by the gradual and progressive substitution of development aid, given on a regional
basis to regional entities and to industries, for aid disbursed on a national basis.
Related to the provisions of external finance in general is the role to be played by
private expatriate companies, which may consider their investments in terms of their
world-wide and metropolitan activities. On occasion these may entail some conflict
220 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
of interest for their operations in an individual country. Difficulties may arise in a wide
variety of fields, such as the activities into which foreign enterprises should be ad-
mitted, the level of profits and their repatriation or reinvestment, and safeguards
against the control of the economy, or large segments of it, passing to nonresidents.
In Central and West Africa, foreign enterprises are already firmly established in many
sectors (especially the industrial sectors) of several countries.
Distribution of gains
One of the most serious, and potentially most disruptive, difficulties that can arise
in economic integration discussions is the distribution of expected gains from integra-
tion. Disagreement on this issue can prevent the provisions of a regional union from
being implemented, or can weaken and destroy the union at a later date. Differences
in the level and the rate of economic development and the tendency, in an integrated
community, for investments to gravitate to centers where the existence of previously
established industries provides the advantages of external economies constitute the
root of this problem. This process of polarization may exacerbate the diversity in the
stages of development existing before integration. A similar process of polarization
may also result among a group of countries at approximately the same level of eco-
nomic development on account of other factors, such as geographic situation or the
existence or absence of infrastructure.
Difficulties regarding the distribution of gains may be especially serious where
industrial programs and investment policies are also to be integrated. Where a central
agency influences or takes the decisions regarding the priority of the industries to be
established, the location of these industries, the number of plants that may be estab-
lished (in order to avoid duplication), the problems of determining an equitable dis-
tribution of profits may be difficult to resolve.
Related to the problem of the distribution of gains is that of the distribution of losses.
For instance, one country may depend more heavily than others on customs duties as
a source of fiscal revenue, prior to integration; or, following integration and the
establishment of preferential duties, a country that depends heavily on imports may
changethesourceofitsimports to a higher cost producer within the community. In the
first instance the country in question would be likely to experience a decline in fiscal
revenue; in the second, as a result of trade diversion, import costs would rise, and this
would affect domestic costs and prices.
Oneofthedifficultiesinattemptingtomitigatesuchproblemsisthelackofmutually
acceptableobjectivecriteriaregarding the equitable sharing of gains and losses within
a regional community. One criterion could possibly be a reduction in the differences
in the levels of development of the member countries, but this criterion would present
difficult problems of measurement and might conflict with other objectives of eco-
nomic integration, such as the establishment and location of industries on the basis of
technological and economic considerations of efficiency.
Notwithstanding these difficulties, various ways may be devised to deal with the
problem. The provision of special quotas, exemptions, and tariffs, the establishment
of acommonfundforcompensatingcountries that are losing more than others, and the
A SURVEY OF RECENT DEVELOPMENTS 221
creation of a development bank for investments in the relatively poorer countries are
among the means of bringing about a more equitable distribution of gains and losses.
However, once such instruments have been established, disagreements may occur
over their application.
Two instances of such devices are the taxeunique and the Solidarity Fund employed
in the UDEAC, as described earlier. The taxe unique is intended to compensate coun-
tries purchasing from within the union and to encourage union industries. The Solidar-
ity Fund appears to have been established for the purpose of redistributing customs
revenues to less favored countries. However, in spite of these attempts, two members
of the UDEAC announced that they would leave the union reportedly over the issue
of the distribution of gains. Similarly, the UDEAO has been unable to cope success-
fully with problems in this regard, and this partially explains the relatively slow
progress toward integration of that organization. These examples underscore the im-
portance of this issue in integration and of appropriate institutional arrangements.
Fiscal effect
A potential financial difficulty is the fiscal impact of integration. For many develop-
ing countries, import duties constitute an important, and in some the major, source
of revenue for the government, reflecting the fact that they are relatively easy to im-
pose and to collect. Table 6 shows, for West African countries, the importance of
import and export duties.
In many Central and West African countries this problem has already had to be
faced, as many of the duties on intraregional trade have been reduced or eliminated,
and the duties on imports from the area's major trading partner-the EEC-are also
being reduced. While this problem may not be serious in the early stages of integration
in the region (owing to the low level of intraregional trade), to the extent that integra-
tion increases intraregional trade at the expense of trade with third countries, alter-
nate sources of tax revenue will have to be developed.
lntraregional payments
Mention must also be made of the payments problems that may arise in connection
with economic integration, although the subject of special regional payments relations
among developing countries is an extensive one requiring separate study. 23 Propo-
nents of the establishment of special regional payments mechanisms among develop-
ing countries have argued that the creation of a payments union is an indispensable
precondition for establishing a regional customs union or free trade area. They main-
tain that it would promote integration by facilitating trade liberalization, i.e., by
accommodating the balance of payments difficulties that would result from un-
predictable flows of trade released by the abolition of barriers. 24 This implies that
the payments union would have a common fund to extend balance of payments
assistance.
The payments systems in existence in Central and West Africa may be classified in
three categories: (1) countries with a common payments system as members of the
French Franc Area; (2) countries that are members of the sterling area; and (3) other
countries. Of the other countries, the Democratic Republic of Congo and Liberia have
no restrictive prescription of currency regulations, while Guinea relies to a significant
extent on bilateral payments agreements.
At alaterstageof economic integration, and within a regional organization embrac-
ing more than one of the above-mentioned payments areas, the problem of intra-
regional payments may become an important one. However, at the present levels of
intraregional trade and those that may reasonably be expected in the foreseeable
future, and given the relatively free payments systems in effect in most of the coun-
tries of the region, the establishment of a regional payments union is not a prerequisite
for the creation of a regional customs union, even if it may be considered desirable on
other grounds.
IV. CONCLUSIONS
This study has considered certain aspects of economic integration with reference to
the countries of Central and West Africa. The argument for some kind of integration
among these countries would appear to be generally supportable: Most of the coun-
tries in questionhaveextremelynarrowdomesticmarkets, which inhibit the establish-
ment of new industries, and many of the existing industries operate below capacity.
Moreover, there is an implicit assumption that the economic gains from integration
cannot in present circumstances be derived through other means, such as a general
liberalization in the access to markets.
Clear as the case may be for steps to integrate the economies, integration will not be
a panacea for the development problems of the countries concerned, and it should not
constitute the only or overriding objective of economic policy in the area. There is no
full substitute, in the foreseeable future, for the trade of the countries of the region
with the advanced markets of the world, especially given the commodity structure of
their exports and the need for imports of capital goods and some raw materials for
industries established on a regional basis.
Available preliminary studies indicate that there are a number of possibilities for
the establishment of industries serving the region as a whole. The region has a variety
of natural resources, and the production of many consumer and intermediate goods
appears feasible. The free movement of goods within the region would be a spur to the
establishment of new industries and to the expansion of existing ones. But this, by it-
self, is not sufficient: Of utmost importance is the creation of an environment in which
industrial investment, both domestic and foreign, is attracted and coordinated. This
implies a mechanism that makes possible a region-wide investment plan, avoid-
ing duplications and encouraging complementary industries. This would serve to
make the best use of the region's resources. The role of such a mechanism would be
enhanced if economic aid could also be geared to the development needs of the whole
region.
224 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Appendices
UDEAC 2
Including Central
African Republic
and Chad 2,984 11.1 1.08 97 320 314
Excluding Central
African Republic
and Chad 1,083 6.5 0.77 118 267 256
UEAC3 4,246 19.9 1.32 66 435 317
UDEA04 4,387 23.0 2.38 103 539 577
EONA5 5,788 91.7 10.87 118 1,916 2,568
Sources: See tables in the text. Most of the figures refer to the year 1965.
1 Weighted average.
2 Union Douaniere et Economi]ue de I'Afrique Centrale -Cameroon, Central African Republic, Chad,
Congo (Brazzaville), and Gabon.
3 Union des Etats de I'Afrique Centrale -Central African Republic, Chad, and Democratic Republic of
Congo.
• Union Douanibe des Etats de I'Afrique de l'Ouest-Dahomey, Ivory Coast, Mali, Mauritania, Niger,
Senegal, and Upper Volta.
5 EconomicCommunityofWestAfrica -Dahomey, Ghana, Ivory Coast, Liberia, Mali, Mauritania, Niger,
Nigeria, Senegal, Sierra Leone, Togo, and Upper Volta.
analysis: The one is based on a static view of economic conditions and the analysis
proceeds from a rearrangement of policies and a reallocation of resources within that
framework, whereas the other approach bases its analysis on dynamic factors, i.e.,
economic growth. A further basic difference between the two approaches is that the
first takes a world view of the process of economic integration and assesses the benefits
and drawbacks on that basis, whereas the dynamic approach is toward an asymmetri-
cal view of international discrimination, looking at the question from the vantage point
of developing countries, and sometimes justifying this view with references to the
historicalimportanceofheavy protection in the development of the United States and
also of parts of the British Commonwealth.
The static view can be briefly summed up as follows. 26 The point of departure is the
given conditions of production and organization (allocation of resources, competitive
framework, etc.) with neoclassical assumptions regarding full employment, factor
mobility, returns to scale, etc. The prime goal of integration then becomes a more
rational and efficient use of resources, namely, a shift in the sources of supply. The
elimination of barriers within the union, and the establishment of a common external
barrier, will have a trade creation and a trade diversion effect. The former, which will
lead to an increase in the real incomes of the people of the union, will take place as
demand shifts to the more efficient suppliers within the union. The enhanced effi-
ciency is the result of a greater degree of competition, a higher degree of specialization,
and greater economies of scale made possible by the enlargement of the market. The
benefits mentioned above are particularly likely to occur if, prior to integration, similar
industries in the member countries were protected. The trade diversion effect results
from a shift of demand from low-cost producers outside the union to high-cost pro-
ducers within the union, brought about by the common external tariff barrier. This is
particularly so if, prior to integration, dissimilar industries were protected in the coun-
tries making up the union. 27
Thus, whether or not integration is worthwhile (on the basis of a global welfare
consideration) depends on the relative importance of the trade creation and trade
diversion effects. If the trade creation effect is greater than the trade diversion effect,
then integration is worthwhile; if the opposite is true, integration is not beneficial.
However, in certain instances a balance of disadvantage may be compensated for by
the external growth effects of integration; high economic growth in the union may in-
duce an import demand from third countries that will more than offset the reduced
demand resulting from the trade diversion effect.
The outcome of economic integration will depend, to a large extent, on the structure
of protection prior to integration: "Customs unions are not important, and are unlikely
to yield more economic benefit than harm, unless they are between sizable countries
which practice substantial protection of substantially similar industries. " 28 The bene-
ficial effects will also depend on the volume and direction of foreign trade prior to in-
tegration. 29 Given the volume of trade, a customs union is likely to increase welfare,
the higher the proportion of trade with union partners and the lower the total volume
of trade before integration.
The dynamic approach questions the assumptions, hypotheses, and criteria of the
A SURVEY OF RECENT DEVELOPMENTS 227
conventional view. 30 It maintains that the latter is based on static welfare assumptions
and that this is irrelevant as far as the developing countries are concerned. The major
criterion for the developing countries is not simply a better allocation of existing re-
sources (although this benefit is acknowledged) but an acceleration of the rate of
growth. Thus, it may appear to be a matter of emphasis rather than a choice between
the two. If, in short, integration helps to achieve a fasterrate of growth, then it is bene-
ficial. Most of the arguments about trade creation, e.g., the benefits of an enlarged
market, are accepted equally by the two schools. The main exception would appear to
be about competition. In the static formulation, increased competition is one of the
benefits of economic integration because of its effect on efficiency. In the dynamic
version, one of the aims should be to avoid creating" excessive" competition, as many
of the industries in the developing countries are relatively new, and there would be
little sense in "stronger infants killing weaker infants." Thus, the problem is to ascer-
tain what degree of competition, under given circumstances, is the correct one, for
even infants need exercise if they are to grow satisfactorily.
The most vehement rejection of the static by the dynamic approach concerns the
trade diversion effect. In general, the trade diversion effects of a customs union among
less developed countries are considered to be of small importance. But the alleged
harmful effects of trade diversion, whatever their magnitude, are denied on other
grounds. According to the most extreme version, one of the aims of integration in less
developed countries should be to maximize trade diversion. This view is based on the
premise that in less developed countries there is widespread underemployment or
unemployment of resources, thus the opportunity cost of labor is near zero, and trade
diversion would bring about a higher level of employment and a better resource utili-
zation. Although this may foster inefficient production, the implied principle is that
inefficient production is better than no production at all. The more temperate view is
that in certain cases trade diversion may not be harmful, as it will divert increases in
demand andhelpto enlarge the market. Unlimited trade diversion would prove costly
in terms of the complementary capital needed and in terms of a misallocation of
domestic resources.
1 Among organizations created within the past two years are the following: the Andean Groupo£ the Latin
American Free Trade Association; the Caribbean Free Trade Association; the Eastern Caribbean Connnon
Market; the East African Connnunity; the Economic Connnunity of West Africa; the Union of Central Afri-
canStates; the special payments system to be established under the Regional Cooperation andDevelorment
Treaty Between Iran, Pakistan, and Turkey; and the Association of Southeast Asian Nations.
2 United Nations Conference on Trade and Development, Report of the United Nations Conference on
TradeandDevelopmentonlts Second Session, 1D/L. 37 ,Annex I (New Delhi, 1968), p. 65.
3 In the economic literature evaluating the pros and cons of economic integration, as discussed in Appen-
dix II, more emphasis has been placed on the contribution of integration to economic growth than on static,
general welfare considerations.
4 For the purposes of this paper, Central Africa comprises Cameroon, Central African Republic, Chad,
Congo (Brazzaville), Democratic Republic of Congo, and Gabon. West Africa consists of Dah<mey, Ghana,
Guinea, Ivory Coast, Liberia, Mali, Mauritania, Niger, N,!geria, Senegal, Sierra Leone, Togo, and Upper
Volta. AlthoughRwandaandBurundi,on the basis of language and history, could be considered part of Cen-
tral Africa, their geographic position would suggest that they shoold look to East Africa (including the Mal-
agasy Republic) for any form of economic integration. Indeed, Burundi has applied to join the East African
Connnunity, composed of Kenya, Tanzania, and Uganda.
5 A definition of these terms is included in Appendix II.
228 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
•• The two basic works are Jaoob Viner, Tlw Customs Union Issue (New York, 1950) and J. E. Meade,
The Theory of Customs Unions (Amsterdam, 1955). See also James E. Meade, Problems ofEconomic Union
(Chicago, 1953) andBelaBalassa, Tlw Theory ofEconomic Integration (Homewood,Dlinois, 1961). Fora
recent survey of the field, seeR G. Lipsey, "The Theory of Custom; Unions: A General Survey," Tlw Eoo-
nomic Jouma~ Vol. LXX (1960), pp. 496-.513.
07 The trade creation effect can be measured by taking the volume fi trade created and multiplying each
itembythedifferenceinoosts:thetradediversioneffectcanbemeasuredsimilarlybycalculatingthevolume
of trade diverted, andforthatvolumemultiplyingeachitem by the cost differential. These crude calculations
assume an elastic supply schedule.
26 Viner, op. cit., p. 135.
••Lipsey, op. cit.
80 See, for example, Sidney Dell, A Lntin American Common Market? (London, 1966) and Trade Blocs
and Comnwn Markets (New York, 1963); William G. Demas, Tlw Eoonomics of Development in Small
Countries with Spe_cial Reference to the CAribbean (Montreal, 1965); B. Balassa, Eoonomic Development
and Integration (Mexioo, 1965).
Richard D. Baker
The economic development achieved by the Latin American states during the nine-
teenth and early twentieth centuries followed the principle of natural competitive
advantage. Relying primarily on foreign direct investment, the economies specialized
in the production of export-oriented primary commodities. Transportation and com-
munication facilities, also mainly foreign-owned, served the export trade rather than
constituting networks capable of contributing to general domestic development.
Limited demand for manufactured goods was satisfied by imports and the production
of traditionally operated, small-scale artisanal workshops. The vast majority of the
population continued on the land under subsistence conditions involving little or no
participationinamonetaryeconomy.lncircumstancesofperfectinternational compe-
tition and parallel demand curves for primary and manufactured goods, this state of
affairs might have remained economically-although hardly politically-tolerable
indefinitely. Such circumstances, however, have not been characteristic of the inter-
national economy during the twentieth century.
Incentives to industrialize during recent decades derive from a number of sources.
Perhaps the most important of these, in the purely economic sense, have been the
dislocations and disruptions of traditional international trading patterns attendant
upon two world wars and the Great Depression of the 1930's; the development of
such preferential and restrictive trading blocs as the European Economic Commu-
nity; technologically-induced changes in demand; and the increasingly obvious dom-
ination of underdeveloped economies resulting from the widening financial, tech-
nological, and managerial lead enjoyed by the United States, and, to a lesser degree,
Western Europe, the Soviet Union, and Japan. More fundamental are the pressures
resulting from rapid population increase-over 3 per cent per annum for the area as a
whole-and an explosive rate of urban growth unaccompanied by corresponding
increases in employment opportunities. This growth provided a slum population
vulnerable to the political-economic blandishments of the mass media and the dem-
onstration effect of conspicuous wealth, and responsive to the increasing tendency
of politics to center around a nationalism largely conceived in terms of anti-imperial-
ism defined in essentially Leninist terms and directed primarily against the United
States. These factors, abetted by the example of the developed nations and the intran-
sigence of the agrarian reform problem, have led to the conviction that industrializa-
tion is the only effective solution to the problem of economic stagnation.
By the mid-1950's, comparatively advanced stages of industrialization had been
achieved in Argentina, Brazil, and Mexico, and substantial progress had been made in
Chile, Colombia, and Venezuela. At the other end of the scale, most of the Central
American and Caribbean states, as well as Bolivia, Ecuador, and Paraguay, continued
to depend on their traditional primary exports, while Peru and Uruguay demonstrated
intermediate levels of growth. Even for the more highly developed states-with the
230
A SURVEY OF RECENT DEVELOPMENTS 231
share the conviction that they are the victims of an exploitative imperialism. The in-
fluences of nationalism, however, are ambiguous at best, as will be discussed in
evaluating the prospects of the Latin American Free Trade Association.
Given the widely differing levels of development among its members, LAFTA
incorporates a number of saving clauses and special exceptions. Three categories of
members are recognized: the so-called "big three" consisting of Argentina, Brazil,
and Mexico; "countries of lesser development" -Bolivia, Ecuador, and Paraguay;
and "countries of insufficient market" -Chile, Colombia, Peru, Uruguay, and Vene-
zuela. Although no special privileges or concessions have been worked out for the
latter group, a number of possibilities were specified in the Montevideo treaty for the
less developed states. These include the authorization of special advantages not
granted to other members; extended terms for the implementation of trade liberaliza-
tion agreements; the application of special non-discriminatory protections for activi-
ties the less developed countries consider vital to their economic development; special
collective arrangements to encourage the expansion of productive activities already in
existence, or to encourage new activities, particularly those intended for the indus-
trialization of raw materials; and the promotion of special technical assistance pro-
grams. If authorized by all the contracting parties, any member may apply special,
non-discriminatory restrictions on the importation of goods believed liable to have
severe repercussions on vital sectors of its economy. Special concessions may also be
granted to any member suffering balance-of-payments difficulties.
The treatment to be accorded agriculture constitutes a special problem. As the ex-
perience of the European Economic Community has demonstrated, wide differences
in productivity complicated by bitterly defended price support and subsidy systems
have made the agrarian sector exceptionally intractable. Given the preponderant role
of agriculture in the internal economies and foreign trade of most of the LAFTA coun-
tries, the difficulties are even less amenable to solution. Essentially, the treaty settled
for virtuous exhortation and, aside from a provision permitting the limitation of agri-
cultural imports to those needed to meet deficiencies in internal production or to
equalize internal and external prices, largely evades the issue.
Despite the ambitious character of its objectives, LAFTA has been most thrifty in
the provision of organizational structure. The principal policy-making organ is the
Conference of the Contracting Parties, in which each member has one vote. The Con-
ferenceholdsregular annual sessions and such other meetings as may be called by the
Standing Executive Committee, LAFTA's permanent supervisory body. Within the
Conference, the presence of representatives of two-thirds of the contracting parties
constitutes a quorum. As any proposal may be vetoed by the casting of a single negative
vote, the unanimity principle, for all practical purposes, applies.
The Standing Executive Committee is composed of one delegate and one alternate
appointed by each of the contracting parties. With respect to both the Conference and
the Committee, it should be stressed that we are dealing with strictly diplomatic
bodies. The delegates function exclusively as responsible representatives of the ap-
pointing states and neither individually nor collectively possess any surpranational
character.
The Standing Executive Committee is served by a Secretariat with headquarters
in Montevideo, Uruguay. Its director, the Secretary-General, is elected by the Con-
ference for a three-year term and is supported by a staff of technical and administrative
personnel classified as international civil servants. A multitude of technical study and
234 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
planning commissions andotheradhoc bodies have been created over the years but do
not constitute a formal or permanent part of the LAFTA structure.
By the end of 1969, LAFTA's list of accomplishments seemed sufficient to justify
some cautious optimism as to its prospects for survival. After nine rounds of negotia-
tions, approximately 18,000 items had been wholly or, in most instances, partially
freed of tariffs and the value of trade within the region had reached 1,800 millions of
dollars, an amount some 50 percent greater than the 1955 high and 170 percent above
the 1960 low. The composition of this trade, previously overwhelmingly composed of
raw materials, has also changed, nearly half now being manufactured and semi-manu-
factured products. A technical achievement of great present and potential value in
this area was the adoption of a commm customs nomenclature providing the neces-
sary foundation for a uniform ad valorem rate structure based on CIF values.
In the area of complementarity, progress is still largely prospective. To date only
four such arrangements have been negotiated, onedealingwithdata processing equip-
ment and theotherthreewith various types of electronic products. However, technical
studies in varying stages of completion are under way in industrial sectors where
production is at present insufficient or non-existent. Under consideration are pro-
jected agreements dealing with such products as fertilizers, petrochemicals, agricul-
tural machinery, paper products and glass.
Although not explicitly provided for in the Montevideo treaty, advances have been
made in three other areas. Given the impediments to trade occasioned by temporary
imbalances in bilateral accounts and consequent shortages of foreign exchange, the
most immediately significant of these advances was the establishment of a LAFTA
payments system based on bilateral arrangements between central banks and head-
quartered in Lima, Peru. Clearances under the system, originally required every two
months, have now been extended to three, with the prospect of still further extension
as the system develops.
Deficiencies in national and regional transportation facilities in Latin America are
notorious. With relatively few exceptions, existing facilities were designed to serve
the European-North American orientation of traditional export-import trade. Some
progress, although thus far not a great deal, has been made in improving this situation
on both a national and a regional basis, and its direct and indirect effects on the
achievement of LAFTA objectives should be favorable.
Lastly, there have been some improvements in the collection and dissemination of
commercial and financial information. This should help to partially offset the advan-
tage enjoyed by foreign capital in this respect.
Despite the gains noted, LAFTA has thus far proved a faltering and imperfect in-
strument for the attainment of its stated objectives. Notwithstanding the increases
cited, intraregional trade still amounts to no more than 11 or 12 per cent of the area's
total international trade, and substantial improvement, under existing circumstances,
seems improbable. Further, participation in the benefits achieved thus far has been
very uneven. During the first five years ofLAFTA's existence, approximately 80 per
cent of regional trade was accounted for by Argentina, Brazil, Chile, and Peru, with a
particulargrowthinArgentina'sand Brazil's trade. Colombia and Mexico experienced
relatively minor gains, while Chilean and Peruvian participation declined. Bolivia
A SURVEY OF RECENT DEVELOPMENTS 235
and Paraguay have gained few advantages, if any. Such liberalization as has been
achieved has served primarily to reinforce the existing competitive advantage of the
more highly developed states.
The item-by-item process of negotiating National Schedule concessions has proved
tobeafailure.Theprogramlostgroundwitheachroundofbargaininguntilitvirtually
came to a halt. As was to be expected, the greatest gains were made in the early years
in areas in which the various economies were least competitive. Now the influence of
the vested interests, both economic and political, has manifested itself with a ven-
geance. Thus far the emphasis has been on freeing primarily those products that all
or most of the countries have customarily imported from outside the area, a process
which has resulted in strengthening the traditional import substitution approach to
development. The domestic sectors of the economies have responded by frustrating
virutally all attempts to rationalize investment patterns and to introduce regional
competition that might have the effect of lowering costs and prices. Little or nothing,
save for declarations of principle, has been done in such areas as coordination of
development policy and harmonization of fiscal, social, and external trade policies.
The less developed states, as the more notable victims of this default, have com-
plained bitterly enough but without significant result. As for the Common Schedule,
its history is even less edifying. At the first negotiation restrictions were removed on
nearly two hundred items, but all subsequent attempts to expand the list have failed
completely.
LAFTA members continue to concentrate, as in the past, on strictly domestic de-
velopment regardless of competitive efficiency, the duplication of regional productive
facilities, or other requirements of regional rationalization. When an item is already
domestically produced or when there is some hope that it might be, there is great
reluctance to grant concessions and the wasteful competition for scarce capital con-
tinues unabated. That this should be so is hardly surprising. As noted above, the levels
of development differ drastically from country to country. Similar differences prevail
internally within each of the "big three." These situations, aggravated by serious
problems of unemployment and underemployment, result in almost irresistible politi-
cal pressures to pursue the short-run advantages of domestic development as against
the less certain longer-run advantages of regional unification. Further, the most
developed countries have more access to available foreign capital, possess greater
internal investment capacities, and are relatively superior in managerial ability and in
technology. Consequently, they are better equipped to penetrate and potentially to
dominate the regional market. Anticipating this possibility, the less developed coun-
tries have increasingly tended to resist liberalization of access to their own markets
as well as committment to complementation arrangements.
Of equal importance is the fact that the LAFTA idea has remained largely the prop-
erty of the economic technicians. The general public and the private business commu-
nity have at best been apathetic and at worst have opposed the specific measures by
which the organization'sobjectivesmight be accomplished. LAFTA has received little
promotion and less explanation in the mass media, particularly not in terms suscepti-
ble of popular understanding. The immediate threat to jobs and profits is far more
apparent than long-term benefits expressed in complex formulations and arcane ter-
236 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
treaty was adopted which, if ratified, would institute a sort of general moratoriwn on
further progress until at least 1973. The stretch-out on the annual National Schedule
obligation would reduce the weighted average requirement, also untill973, from 8
percentto2.9 percent, and further postpone the expansion of the Common Schedule.
Nonetheless, the parties apparently consider LAFTA too valuable to abandon alto-
gether and it is probable that efforts will be made to rescue the organization and re-
solve at least some of the worst disagreements. At best, however, it is hardly probable
that LAFTA's own limited trade objectives can be achieved prior to the 1980's, and
serious consideration of a common market has almost certainly receded even further.
of a draft proposal for a complete common external tariff schedule to go into effect
by the end of 1980. In recognition of the special problems that will be encountered
by certain economic sectors, some exceptions both to intraregional liberalization
and the common tariff have been recognized, but these are to be terminated by the
end of 1985 along with similar exceptions accorded to the less developed states of
Bolivia and Ecuador. The two latter countries are also to receive preferential con-
sideration in the allocation of new investment as well as various other privileges and
concessions.
Despite some appearances to the contrary, the Andean Group treaty has been
judged compatible with LAFTA obligations and objectives. Certainly, given the
reciprocity provisions of the Montevideo treaty, sub-regional concessions need not be
generalized until LAFTA in its entirety has reached an equivalent state of develop-
ment. Further, as noted above, wide differences in country size and stage of domestic
development have contributed heavily to LAFTA's difficulties and any arrangement
whereby these discrepancies may be reduced should ultimately contribute to the
economic unification of the whole area.
For the accomplishment of its objectives, the Andean Group will rely primarily on
three permanent institutions: a high commission with limited supranational powers in
the area of development planning and investment; a council for technical studies and
planning; and the Andean Development Corporation. The latter will have the ob-
jectiveof encouraging integrated development by assisting, financially and otherwise,
in the creation of new industries and in the growth, modernization and reconversion
of those already in existence. The Corporation's authorized capital is 100 millions
of dollars, to be derived from both public and private sources.
Itisobviouslytoo early to evaluate the Andean Group's prospects for success. Much
depends on the continued will of the governments concerned to vigorously back the
organization in the face of the domestic difficulties and dislocations which will inevi-
tably arise. Given the pronounced differences in their political systems, the long
history of instability, and the continued existence of such ancient animosities as those
arising from the border dispute between Peru and Ecuador, some pessimism would
appear justified. The most disquieting event to date is the defection of Venezuela. For
this FEDECAMARAS, the Venezuelan equivalent of our own National Association
of Manufacturers, must take the major share of the responsibility. Compared with the
other Andean states, Venezuelan production costs are disproportionately high, largely
a result of the upward pressure exerted on the wage-price structure by the dominant
petroleum industry. This being the case, it was feared that Venezuela would find
itself at a pronounced disadvantage both in attracting new foreign investment and in
penetrating the other markets. The business community further argued that Vene-
zuela is the only one of the Andean states with a history of currency stability and that
devaluations elsewhere would worsen the already unsatisfactory balance-of-pay-
ments situation vis-a-vis the other members of the group. Whatever the validity of
these arguments, and they would hardly appear insuperable, similar ones can be
expected to crop up elsewhere as soon as the strains of readjustment make themselves
felt.
A SURVEY OF RECENT DEVELOPMENTS 239
ernments. Nonetheless, trade within CACOM represents only about 20 per cent of
the region's total export trade. The composition of regional trade has also changed
substantially. Originally dominated by agricultural primary commodities, manufac-
tures-principally light-industry consumer goods-have assumed more than 50 per
centofthetotal. The benefits have been very unequally shared, however. El Salvador
and Guatemala dominate, especially in the trade in manufactures, with Costa Rica,
Honduras, and Nicaragua trailing badly. The effect on trade with third countries has
been most notable in the import area, where there have been substantial increases
in the proportional shares of capital equipment and other producers' goods. The com-
position of extraregional export trade remains largely unchanged. The continued
reliance on traditional primary exports-specifically coffee, bananas, sugar, meat,
and cotton-in conjunction with the costly import requirements of industry threaten,
through foreign exchange shortages, to curtail the pace of industrial development.
In addition to substantially freeing intraregional trade, CACOM, aided by the
adoption of a common customs nomenclature, has succeeded in establishing a common
regional tariff applicable to approximately 95 per cent of the products imported from
third countries. Those excluded, however, still make up over 20 per cent of such im-
ports by value.
In the area of industrial development, integration has progressed much less satis-
factorily. With little regard for efficiency or market adequacy, strictly domestic
development continues to be emphasized. The Agreement on the Regime for Central
American Integration Industries, referred to above, contemplated a decidedly dif-
ferent approach. Recognizing the total inadequacy of the domestic markets for sup-
porting the more sophisticated types of industry at even minimal levels of efficiency,
it was agreed that the total regional market should be opened under exceptionally
favorable circumstances to new endeavors in these areas. With appropriate regard
to geographical distribution, integration industries were to be granted a ten-year
monopoly in their product lines and immediate access to unencumbered regional
trade. In addition, special concessions were to be made on the importation of neces-
sary capital equipment, parts, and raw materials, and on taxation within the host
country. The CACOM organization as a whole would establish and supervise price
and quality controls in such cases. The original agreement has subsequently been
modified to provide that any manufacturer whose product already enjoys free trade
privileges may not be confronted with an integration industry in the same field which
would enjoy monopoly and free trade privileges on an exclusive basis. Thus far only
three integration industries have been established and, although studies are con-
tinuing under the auspices of the Central American Commission for Industrial Coor-
dination, increasing doubts have been voiced as to the desirability of this approach,
particularly by those who fear the loss of benefits derived from competition and the
probable losses to agricultural development through excessive concentration on in-
dustry.
Despite the failure of the integration industries scheme to show substantial results,
CACOMhas made important contributions to the development of industry by freeing
most regional trade. Industrial growth, which has been proceeding during the 1960's
at an annual rate of approximately 10 per cent, has mainly been based on preferential
A SURVEY OF RECENT DEVELOPMENTS 241
access to the entire regional market. It should be noted, however, that the beneficiaries
have primarily beenEl Salvador and Guatemala. Further, most of the growth has been
accounted for by private foreign capital, a fact with potentially ominous political
implications. The severe balance-of-payments problems confronting El Salvador,
Guatemala, and Costa Rica render them even more vulnerable to domination by
foreign enterprise, assuming that comparable rates of growth are maintained.
On other points vital to the creation of a true common market no progress can be
reported. Thus, no agreements have been reached on the free movement of labor or
capital, areas in which great national disparities exist. The free movement of people
and supranational coordination of development and fiscal policies obviously entail
substantial concessions of sovereignty and exert severe strains on national identity.
In a region characterized by nationalistic politics, incompatible types of political
systems, and inconsistent social policies, there is little prospect that these obstacles
can be overcome in the foreseeable future.
The most disastrous threat to CACOM's survival thus far was the outbreak of war
betweenEl Salvador and Honduras in the summer of 1969. The basic cause of the
conflict was the treatment of Salvadoran citizens residing in Honduras by the govern-
ment and populace of the latter country. By any standard, El Salvador is over-popu-
lated while Honduras has the lowest population density in Central America. As a
natural consequence, Salvadoran peasants have for years migrated in large numbers
to the border regions of Honduras, where they usually established themselves as sub-
sistence farming squatters on vacant land. Honduranconcemoverthis potential threat
to its national identity was reflected in provisions of the recent land reform law which
denied titles or other forms of legitimate tenure to non-Honduran citizens. This was
followed up by what seems to have been a consciously adopted policy of arousing mob
violence against Salvadorans, the whole situation exploding into riot and murder after
a contested soccer game between the national teams of the two countries. Through the
interposition of the OAS an uneasy truce was established along the border but other-
wise the situation remains unresolved and dangerous. Since that time, Honduras has
prohibited the transit of Salvadoran goods on the Pan American highway, thus shut-
tingoffthe usual route to Nicaragua and Costa Rica. Guatemala remains open but the
effect on Salvadoran commerce has been serious. Both El Salvador and Honduras
attended the foreign ministers' conference in Managua, Nicaragua, in December
1969, where intensive efforts were made to find solutions. While this may indicate
a mutual desire to rescue the Common Market, the deliberations were largely unpro-
ductive and the future of the organization remains seriously in doubt.
is a limit to the prosperity that can be generated through mutual exchanges of ba-
nanas, sugar and rum. A more pressing motive appears to have been the desire to
secure commitments on developmental aid from Great Britain, and perhaps other
members of the O:>mmonwealth, as a hedge against the possibility of British entry
into the European Economic O:>mmunity, an act that would erase trade preferences
presently enjoyed. This objective has been in part accomplished with the establish-
ment of the Caribbean Development Bank, to whose authorized capital Britain and
Canada have each agreed to contribute 20 per cent.
Aside from the Bank, progress to date has been virtually nil and the political situ-
ation suggests that the future will be stormy. Such prospects for development as these
underendowed and overpopulated countries may have depend heavily on intimate
cooperation with foreign capital and continued and increased dependence of over-
whelmingly black populations on white-owned and managed enterprises. The un-
popularity of this situation was abundantly demonstrated in the recent outbreak of
black power riots in Trinidad-Tobago. This, however, is no more than symptomatic
of the deeprooted and long-maturing racial character of politics in the region and of
the inherent inconsistency of its political and economic aspirations.
From: Bernard K. Gordon, Toward Disengagement in Asia: A Strategy for American Foreign Policy,
© 1969, pp.l19-130, 150-152, and 164-165. Reprinted by permission of Prentice-Hall, Inc., Englewood
Cliffs, New Jersey.
243
244 REGIONAL INTERNATIONAL ORGANIZATIONS/ STRUCTURES AND FUNCTIONS
August, 1967 statement of ASEAN's "aims and purposes" suggests that -like ASA-
the group will emphasize quite pragmatic goals. Of ASEAN's seven declared "pur-
poses," most aim for cooperation in fields directly related to developmental needs,
as this excerpt will show:
To promote active collaboration and mutual assistance on matters of common interest in the
economic, social cultural, technical, scientific and administrative fields;
To provide assistance to each other in the form of training and research facilities in the edu-
cation, professional, technical and administrative spheres;
To collaborate more effectively for the greater utilization of their agriculture and industries,
the expansion of their trade, including the study of the problems of international commodity
trade, the improvement of their transportation and communications facilities in the raising of
the living standards of their people. 1
Within a few months after that Declaration was announced, the five governments
agreed to designate Indonesia as host of the "ASEAN Standing O>mmittee" during
its first year, and soon afterwards groups of experts began meetings in Djakarta. By
February of 1968 this O>mmittee had identified a series of projects on which initial
work was to proceed, and the list clearly suggests the purposes which the five nations
envisage for the new organization. 2
First efforts, for example, will concentrate on food production and supply, in which
ASEAN is expected to facilitate data exchanges and loans of specialists; trade expan-
sion measures, in which it will be the function of ASEAN to organize combined
ASEAN trade missions outside the region; meetings of business organizations in
order to achieve trade liberalization measures; and a variety of other personnel and
data exchanges in such fields as transport and telecommunications, publishing, and
so on. Moreover, a number of steps were taken to exchange defense information, and
early in 1968 several leaders offered suggestions for some form of defense and secu-
rity cooperation. 8
These steps represent a considerable change in the Asian political environment,
and it is important to understand the political forces responsible for elevating the
previously vague concept of "Asian regionalism" to its present level of interest. In
many cases the explanation is the simple recognition that the paramount task for
leaders in Southeast Asia-economic development-can probably be aided greatly
by collaboration with neighbors. Another major task these leaders increasingly face,
however, is the problem of providing for improved defense and security. For leaders
coming to grips with this problem for the first time, cooperation with neighboring
states seems almost as logical as economic cooperation. It is no accident, for example,
that Indonesian and Malaysian leaders have begun to take the lead in speculating
openly about "regional defense cooperation."
In both the Indonesian and Malaysian cases it appears that these new patterns of
thinking have been kindled by an important catalyst: the disappearance of certain
fictions that characterized the immediate postindependence and postwar era. In the
Malaysian instance the fiction was that Britain, because it had so gradually phased
out its colonial role, somehow would continue to look after the security of Malaya and
Singapore. But leaders in Kuala Lumpur and Singapore must now face the fact that
A SURVEY OF RECENT DEVELOPMENTS 245
Britain simply does not have the will or capacity to play that role. In the case of Indo-
nesia the fiction was the belief that a foreign policy consisted of repeated calls for
"Mro-Asian solidarity" against the imperialist West. But the recognition has grown in
Djakarta that the "West" is less a source of threat than a source of greatly needed
assistance. To the extent that a threat exists, it is now more clearly perceived in In-
donesia to emanate from Peking and its local supporters; the past exhortations for
solidarity among the "new emerging forces" are no longer seen as responsible ap-
proaches to the problem.
Thus, for different reasons, both Indonesia and Malaysia are forced to the recog-
nition that they must take steps to help ensure their security. Like Singapore and
Thailand they are unwilling to rely permanently on the United States for security,
and this has led all four to search for ways in which regional cooperation might con-
tribute to defense needs. With somewhat less urgency, Philippines governments have
also begun to seek closer ties in Southeast Asia. Presidents Garcia and Macapagal,
in particular, helped alter Manila's traditional relationship with the United States
and tried to establish a new Asian "identity." And early in 1968 President Marcos
himself suggested while visiting Indonesia that "an interim security arrangement
be made within the framework of ASEAN." 4
These foreign policy trends will be singled out in the next few pages, because they
point to new and systematic patterns of relationships among several Southeast Asian
nations. The system created as a result may have very great significance for politics
in the entire Asian region. This is the case despite the fact that some of the new rela-
tionships derived initially, not from a desire to cooperate, but from conflicts, or from
what appear to have been "special circumstances." Manila's new emphasis on South-
east Asia, for example, can mistakenly be explained away as a "special case" with
little meaning for the essential thrust of Philippines foreign policy. Policy under
Macapagal (his desire to upset Malaysia's plan to incorporate North Borneo) did, of
course, lead to the unprecedented and close relationship between the Philippines
and Sukamo's Indonesia. But although that specific objection is valid, it is essentially
beside the point. For Manila's foreign policy-like that of all but one country in
ASEAN-has been undergoing striking change in the mid-1960's, and the trends
already visible show no sign of being reversed.
The exception to that statement is Thailand, for whom the emphasis on Southeast
Asia represents not a striking change but a logical product of the main principle of
Thai foreign policy: that Thailand should never become too dependent on any great
power. Even in the period when Thailand forged its closest military relationships
with the United States, its Foreign Ministry gave equal attention to the ultimate goal
of forming some kind of Southeast Asian regional group. It has always been predict-
able that, when circumstances allowed, Bangkok would seek to reduce the sole de-
pendence implied in the American relationship.
Foreign Minister Thanat symbolizes this double approach. Most hawkish of all
men on the Vietnam war, he has nevertheless taken the lead in fostering the concept
of regionalism ever since he was approached by President Garcia and the Tunku with
the 1959 proposal that later becameASA. Thanat has always emphasized pragmatic
achievements as the product of regionalism, andasASAdeveloped between 1961-64,
246 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
the group showed the Thai imprint more than any other. The soundest planning for
regional economic cooperation has come from Bangkok, as many other articulate
Thais, reflecting Thanat's example, have also endorsed the concept. It was, moreover,
to keep the idea alive that Thanat has so often undertaken the role of diplomatic broker
in Southeast Asia, as a few illustrations will suggest.
Thailand's role in mediating Konfrontasi (Sukarno's "confrontation" against Ma-
laysia) was critical to its resolution, and the early and most difficult Indonesian-Malay-
sian contacts took place under Thanat's good offices in Bangkok. Earlier, in the Sabah
dispute between the Philippines and Malaysia, his ftmction was similar: He served as
a vital communications link. The former Vice-President of the Philippines referred
to Thanat during that period as "our ASAAmbassador." 5 Similarly, ... Thanat played
the vital role of "introducing" Indonesia into the new efforts aimed at creating a new
group. For example, when the Tunku had doubts about Indonesia, more likely than
not it was the Thai Minister who acted to allay those doubts. This was also the pattern
when President Marcos appeared to have some second thoughts regarding proposed
SEAARC terminology dealing with foreign bases. Here, Thanat was able to point to
his own membersip in SEATO and the military installations at Sattahip as evidence
thatASEAN (or SEAARC)would not compromise the continuing Thai and Philippine
security reliance on the United States.
These considerations are not mentioned simply to praise the Foreign Minister of
Thailand, although his record as a diplomat is certainly striking. 6 My purpose has
been instead to underline a point: that a deeply etched network of political contact
and communications was established during the I 960's in Southeast Asia, and every
indication suggests that the resulting pattern is becoming more and not less intense.
Events set in motion in 1963-64 (when Indonesia embarked on her conflict with
Malaysia) help explain this, for the Konfrontasi had an immense effect on each of the
five nations now in ASEAN. It was in many respects a catalyst for the international
politics of Southeast Asia, for it helped, as we noted earlier, to bring each of the states
there into far more "tight" contact and communications than ever before. ASA had
just begun to do that for three of them, but not necessarily on matters of high political
sensitivity. Konfrontasi, on the other hand, forced each of the region's top leaders to
reflect-much more than he had been required to do before- about his role in the
region's affairs.
The explanation for the catalytic importance of the confrontation, which can now
be seen more clearly in retrospect, probably derives from the severe tensions that
the conflict generated. In each of the three nations primarily concerned, many doubted
the wisdom of steps their governments had taken, and this led to more careful internal
scrutiny of national foreign policies and purposes than was ever required before.
Leaders like Macapagal ultimately backed away from their first policy directions,
and there is evidence that Sukarno and Subandrio, too, were searching for ways out
of the conflict just a few months after it began. Throughout the entire affair, each of
the states seemed to belookingformeans, at a minimum, to restore peaceful relations,
and if possible to forge some kind of regional cohesion after the dispute. In this respect
Konfrontasi was a severe learning experience, and it is quite clear that ASEAN-
probably the first genuinely important step in Asian regional cooperation- is a direct
A SURVEY OF RECENT DEVELOPMENTS 247
Aside from the fact that this is increasingly the view held by leaders in the five
ASEAN nations, an equally important consideration is that this conviction has led to
patterns of understanding and contact that would have been almost unthinkable in
the 1950's. ASEAN reflects this, and it reflects, too, the existence of a developing
system of nations in Southeast Asia. Indonesia, Thailand, Malaysia, the Philippines
and Singapore comprise that incipient system, and even though their trade and eco-
nomic profiles do not yet heavily reflect this sense of"region" or "system" (after several
generations and even centuries of European-inspired commerce and production
this is hardly surprising), their political and cultural outlooks are oriented more and
more within the region. The change that has taken place was summed up well in
President Johnson's remark that "the nations of Asia are casting off the spent slogans
of earlier narrow nationalism ... one after another, they are grasping the realities
of an interdependent Asia." 8
The President's word "interdependent" precisely fits attitudes among leaders and
elites in the five ASEAN states -so much so that if a very large political change came
to any of them, it would be reacted to far more intensely today than even five years
ago. Putting this another way, it is reasonable to expect that a major political change,
say in Burma or Cambodia, would be felt less intimately in the ASEAN capitals than
would the same event if it came to one of the ASEAN states. Burma, Laos, and Cam-
bodia, in other words, are less intimately a part of the Southeast Asian subsystem that
has been developing in recent years. As ASEAN continues, and hence reinforces and
248 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
regularizes the patterns that already have been created, this system effect of inter-
dependence will be intensified. One outcome can already be anticipated and has
major implications for American foreign policy in Southeast Asia: It relates intimately
to the concept of regional dominance introduced earlier.
Consider as an illustration the possibility that Burma or Cambodia, through a
change in government leadership, might so alter its political orientation that it could
be concluded that effective influence over the nation's affairs resided with China. To
the extent that Burma or Cambodia had not become a part of the increasingly tight
system of relationships likelytoresultfromASEAN, such an outcome can be projected
to have significantly less meaning for the ASEAN states than it would were Malaysia
or Philippines the affected state. This is not to say that Thai leaders, for example,
would not experience increased anxiety if Burma or Cambodia became incorporated
within a Chinese sphere of influence.lt is to say that the shock effects of the "loss" of
Burma or Cambodia would be less intimately perceived in the ASEAN group, because
the "lost" state was not a participant in the existing patterns of communications and
political relationships. Ineffectthe "loss" of Burma or Cambodia would be felt through
an insulating layer -an insulation, however, which would not be present to dull the
perceptions of ASEAN members in connection with a system-participant like Malay-
sm.
If such a system were to exist, with the attendant in-group perception consequences
thatlhave suggested, one meaning for American foreign policy seems clear.lt suggests
that a Burma or Cambodia '1ost" to China's influence would very likely have far fewer
ramifications for the outcome of Southeast Asia as a whole than would be true were
any of the ASEAN states "lost" or similarly threatened. The further and systematic
development of ASEAN during the next decade suggests that the effective region of
Southeast Asia will have a meaning equivalent to those states participating in a regular
pattern of relationships. The present ASEAN group even now represents the over-
whelming bulk of population, land mass, and resources that comprise the geographic
Southeast Asia region. If the ASEAN group comes also to represent an interconnected
and interdependent regional subsystem, such that Southeast Asian events outside it
have few implications for the nature and shape of the subsystem as a whole, it will be
appropriate for the United States to restrict its security concerns with "Southeast
Asia" to the five nations and 200 million people in ASEAN. Put bluntly, if leaders in
the five ASEAN states were themselves to conclude that the "loss" of Burma and/or
Cambodia to Chinese influence did not portend a likely or necessary outcome for
them, this would in effect suggest that the "loss" of Burma and/or Cambodia was es-
sentially irrelevant to the structure of East Asian politics as a whole.
The implication for the United States, as we will suggest in a later chapter, is that
on the basis of regional relationships the United States can begin to discriminate
among the nations in Southeast Asia. For the concept of regional dominance with
which the United States is concerned in East Asia does not require that Americans be
concerned with outcomes in each and every one of the nations in that geographical
region. It implies that the United States must be concerned with likely outcomes for
the region as a whole, and if developing patterns of regional cohesion lead to a condi-
tion whereby some Southeast Asian states are essentially not a "part" of the region,
A SURVEY OF RECENT DEVELOPMENTS 249
the relevance of those states to the national security interests of the United ·states can
accordingly be reduced very drastically.
What, in essence, is the likely nature and purpose of security cooperation in the
region? The answer to that question is suggested by the nature of both national and
international politics in Southeast Asia: the likeliest form of defense cooperation is
a joint force to combat insurgency. Regional security cooperation in Southeast Asia
is unlikely, as we have stressed, to be closely patterned after collective security ar-
rangements in other areas. If security cooperation in Asia is to be relevant to the de-
fense needs of the region, it will instead have to represent a form of defense coopera-
tion both lesser and greater than that reflected in the OAS, in SEATO, and in NATO.
One of the major purposes of the OAS, for example, is its consultative function- it
is designed to mediate conflicts among Western Hemisphere nations. But the OAS
has never played a significant role against external aggression, and partly for that
reason it has not been necessary to create joint combat forces. Instead, and in a region
where there are numerous opportunities for border and similar disputes, the OAS has,
to a fairly high degree, developed procedures for intraregional "peacekeeping." 11
In Southeast Asia, and in the ASEAN context, informal peacekeeping arrangements
are likely to be a by-product anyway, and if formal arrangements were made for the
creation of a joint combat force, it is probable that a formal consultative machinery for
intraregional mediation would also be included. But that is about as far as the OAS
A SURVEY OF RECENT DEVELOPMENTS 251
model is likely to apply in Southeast Asia; for unlike the Latin American nations, the
Southeast Asian states need to be concerned not only with a major external military
threat, but also with a China that is willing as well to assist indigenous insurgents.
This is the problem, after all, in Burma (and possibly Cambodia) today, in Malaya
earlier, and in Indonesia ... when China apparently helped ship in arms under cover
of ''building materials."
In theAmericas,on the other hand, the more immediate meaning of threat has been
perceived to emanate from nearby states of relatively similar power status. In that
environment it has been both unnecessary and unlikely to expect defense collabora-
tion among these states- unlikely because their defense forces and elites are often dis-
trustful of one another, and unnecessary because of the overwhelming protective in-
terest of the U.S.
This is quite different from the environment in Southeast Asia. There, defense col-
laboration would have to include at least some of the attributes of a familiar defensive
alliance, but there is only limited utility in analogies to NATO or SEATO. SEATO, as
we have seen, was never intended to be a defensive alliance with joint forces, but has
instead been a convenient umbrella for underlining the security commitment of the
United States. NATO, because it is the most highly developed of alliances, would
appear at once to be the model furthest removed from anything that might be con-
ceived in the Southeast Asian environment. For example, the threat which NATO
was designed to deter and combat -a large-scale conventional aggression-is almost
irrelevant to conditions in Southeast Asia; even were it to develop, the Southeast
Asian states will never have within their resources the capacity to meet that unlikely
event.
There is, nevertheless, an important similarity betweenNATO and a joint counter-
insurgency combat force that might grow out of ASEAN. It is a similarity that is too
easily overlooked becauseoftheenormousdifferences in scale between the European
and Southeast Asian security environments. Perhaps most obvious is the extent to
which thecooperatingstatesinASEAN and the states that formed NATO have shared
a common perception of the security threat in their respective regions. Common per-
ceptionof theRedArmythreatwas probably the critical element in the West European
environment in the 1950's; it helped make possible the creation of a NATO infra-
structure and the earmarking of combat forces for NATO purposes. Today a roughly
similar perception exists in Southeast Asia; there is little doubt that Southeast Asian
leaders believe that China, and China's support for internal dissident groups, repre-
sents the main threat to their nations' security. 12 But another similarity is just as im-
portant. This is the extent to which a joint counterinsurgency force would be most
appropriate to Southeast Asian threat conditions, for insurgency is likely to remain
the critical problem there. In Western Europe, by the same token, a target of many
NATO divisions was most appropriate to European threat conditions and the exis-
tence of the Red Army.
At the minimum, the security environment in Southeast Asia would be enhanced
by the constant availability of at least 50,000 highly equipped and specially trained
counterinsurgency forces. Moreover, each of the ASEAN governments has already
hadconsiderablenationalexperience with counterinsurgency operations, and on that
252 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
basis there are probably important lessons which Filipinos, Malaysians, Thais, and
Indonesians can impart to each other. The United States Government recognizes this,
for it has given some attentionalreadyto the potential for a special Counterinsurgency
Center in the Philippines. 18 Indeed, Filipino leaders welcome this possibility precisely
because it is recognized that joint training in counterinsurgency, drawing on existing
Southeast Asian experience, is likely to be very valuable.
But such a Philippines-American initiative, however valuable, would probably
represent considerably less than could be achieved and much less than needs to be
accomplished. For the collaborative environment in Southeast Asia now encourages
security cooperation on a basis wider than that represented by the traditional pattern
of bilateral American assistance. Indeed, bilateral relationships are increasingly
inhibited by the domestic environment in the United States, as well as by attitudes in
Southeast Asia. Thus, even if the United States sought to extend the scope of its com-
mitments (and that is hardly likely), Southeast Asian nations not already tied mili-
tarily to the United States would not be receptive to the offer. Singapore, Malaysia,
and Indonesia, to say nothing of Burma and Cambodia, well illustrate this point; even
in the wake of Britain's military withdrawal, leaders in Kuala Lumpur and Singapore
stressed that although they hoped to design some alternative to the resulting "vac-
uum," they certainly did not intend to ask for direct American military guarantees. 14
Similarly, it should be clear by now that the negative view held of SEATO makes
that format, or anything too much like it, unsuitable as the framework for defense
collaboration of the sort proposed here. SEATO officials, of course, are quite con-
scious of the declining prestige and role of the organization, and it may be expected
that some of them will insist that any new proposal for defense cooperation in the
region be undertaken within their framework. But the SEATO label, it is even more
certain, would prevent the participation of Indonesia, Singapore, and Malaysia in the
sortofjointforceproposed here. These and other considerations suggest that the most
appropriate format for security cooperation in Southeast Asia must have the political
endorsementoftheregion'smajor states, and theASEAN framework fits that require-
mentparticularlywell. 15 Because of its stronglyindigenousnature,moreover, ASEAN
seems especially consistent with an important objective of the United States: to en-
courage multipolarity in Asia.
region, reflect a deep and self-conscious foreign policy tradition, and those responsible for foreign policy
feel a deep sense of pride in the skills represented in the last century by King Chulalongkom, Prince Dam-
rong, and Prince Devawongse-pride in the fact that under those leaders Tbailand preserved her indepen-
dence.
'Editorial, Manila Times, July 15, 1967.
8 From the October 1966 speech in Honolulu.
9 A striking illustration came recently when the leadership of the Thai government visited the United
States. Accompanying the Prime Minister was not only Foreign Minister Thanat Khoman, but Pote Sarasin,
now Minister of Development, and a potential premier in the future. In a speech to business executives, in
which foreign policy was not the topic of the day, Pote Sarasin concluded his remarks with an emphatic en-
dorsement of Tbailand's emphasis on Southeast Asian regionalism: "With regard to regional economic and
political cooperation, we are convinced that herein lies the future of Southeast Asia. Tbailand has already
taken the lead in promoting regional groupings such as ASEAN ... we are exploring the possibilities of a
product by product approach to regional economic cooperation" (Press Release No. 37, Permanent Mission
ofTbailand to the U.N., May7, 1968; emphasis added).
10 As an illustration, a number of transport and telecommunications projects were considered at the meet-
ings of the Ministerial Conference on Transport in Kuala Lumpur in September 1967, and the U.S. alone
has offered upto$5 million for feasihility studies in 1968...Q9 having to do with roads, railways, harbors, and
so on. Major additional funds will be sought from the Asian Development Bank, which has already made
clear its strong support for projects in this sector.
11 Detailed discussions, including treatment of the OAS role in the Honduras-Nicaragua conflict of 1957,
is found in Jerome Slater, A ReevalUation of Collective Security, the OAS in Action (Ohio State University,
Mershon National Security Program, 1965); Gordon Connell-Smith, The Inter-American System (London,
1966); and Pan American Union, Inter-American Treaty of Reciprocal Assistance: Applications (Washing-
ton, D.C., 1964).
12 This is not to deny that Prince Sihanouk still identifies Thai, and especially Vietnamese, ambitions as
a potential threat to Cambodia, nor is it to deny that Malaysians are sometimes apprehensive about Filipinos
and Indonesians. All these considerations, however, become of much less significance when weighed against
the potential problem represented by China -as even Prince Sihanouk has often pointed out.
13 President Johnson appeared, in his statements to President Marcos in Washington late in 1966, to give
support to this proposal.
14 AsLeeKuan Yew put it, "Thesurestwaytogetinsurgencyis to have an American garrison" (Washington
Post, January 14, 1968, reporting on Lee's visit to London).
15 Although he has not spelled out specific applications, Donald Nuecbterlein has also given consideration
to the potential role of ASEAN in helping to meet Southeast Asian counterinsurgency problems. See his
"Prospects for Regional Security in Southeast Asia," Aswn Survey, VIII (September 1968 ), 806-16.
JosephS. Nye
From: International Organization, Volume XXID (Summer 1969), pp. 719-740. Reprinted by per-
mission of the author and of International Organization.
254
A SURVEY OF RECENT DEVELOPMENTS 255
Lippmann or statesmen like Winston Churchill abroad and Sumner Welles at home in
favor of establishing organizations on the basis of explicit recognition of regional
spheres of influence were rejected by Hull for fear that they "might lead to questions
of balance of power" and provide a means for another retreat into isolationism. 6 Such
globalist idealism seemed hypocritical to leaders of the United Kingdom who saw
Latin America as a United States sphere of influence even if the United States did not
call it such. However, by the time of the Quebec Conference of 1943 Churchill had
lost faith in the possibility of creating a strong European regional council and decided
that henceforth "the United States, rather than a revived and reorganized Europe,
would have to counterbalance Russian power." 7
Ironically, Churchill's decision was a harbinger of a coming change in the inter-
national system from a multistate balance of power to a bipolar structure that made
Hull's victory a hollow one and greatly diminished the importance of the subsequent
debate at the 1945 United Nations Conference on International Organization at San
Francisco. One of the effects of United States hemispheric policy in the 1930's had
beenanincreaseinLat inAmerican enthusiasm for hemispheric regional organization.
Becoming aware of the high costs and low benefits of the past interventionist policy
in Latin America and later faced by the threat of Axis powers' incursion into the area,
the United States had gradually accommodated Latin pressures to use inter-American
organization to introduce constraints on its freedom of action. 8 This experience of
the 1930's and of close cooperation during the war, plus a reluctance on the part of
some conservative Latin American elites to become too tightly enmeshed in an or-
ganization which the Union of Soviet Socialist Republics could use against them, led
to Latin pressures at the 1945 Inter-American Conference on Problems of War and
Peace at Chapultepec for revision of the Dumbarton Oaks proposals to protect re-
gional organizations.
Thus at San Francisco, while resisting Egyptian efforts to define acceptable re-
gional organizations in such a way that they would resemble the recently formed
Arab League, Senator Arthur Vandenberg and America's Latin allies succeeded in
amending the proposed charter to ensure that inter-American organization would
not be jeopardized by the global organization. 9 Vandenberg argued that they had
"infinitely strengthened the world organization by thus enlisting, with its overall
supervision, the dynamic resources of these regional affinities" 10 while critics dep-
recated the resulting ambiguity in the language of the Charter. In fact, however, the
formal outcome of the debate was far less important than the changes in the setting of
international organization. After the onset of the Cold War and in response to Soviet
support for UN involvement in Western Hemisphere crises American statesmen
reinterpreted the relatively precise language of the Charter on "enforcement" action
by regional organization just as easily as they did the relatively ambiguous language
on "priority" for regional organizations. As Inis Claude so aptly describes, the Cold
War prevailed over the Charter. 11
In the decade following San Francisco American disillusionment with the United
Nations as a security system led to the creation of a series of military alliances and
organizations which came to be called "regional" although in some cases the degree
of geographical proximity involved was very slight. 12 The first of these "regional"
256 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
security pacts was the Inter-American Treaty of Reciprocal Assistance (Rio Treaty)
of 1947; but like the Charter of the Organization of American States (OAS) of the
following year this is best understood in terms of traditional hemispheric regionalism
as a sort of epilogue to the 1930's or, in Arthur Whitaker's analogy, as a glacier that
continued to move long after the snows that caused it had stopped. 13 The Rio Treaty
helped serve as a modelfor the North Atlantic Treaty of 1949. However, the impetus
for the creation of the North Atlantic Treaty Organization (NATO) and later of the
establishment of the Southeast Asia Treaty Organization (SEATO) and the Central
Treaty Organization (CENTO) was not the traditional United States regional policy
but a growing involvement in the global politics of containment in a bipolar world.
Along with its direct participation in the quasi-regional military pacts the United
States also supported the economic reconstruction and regional integration of Western
Europe through the Organization of European Economic Cooperation (OEEC) and
the European Coal and Steel Community (ECSC). The United States also encouraged,
or at least sympathized with, the Colombo Plan and made abortive efforts at the 1955
Simla Conference to stimulate similar regional organization in what it called "the arc
of free Asia." In the mid-1950's the United States was likened to "a switchboard for
most of the regional and joint efforts in the free world." 14
By the 1960's the setting for regional organization had changed. The process of
decolonization had greatly increased the number of third-world countries whose
existence dramatized the "development problem" and whose slogans frequently
stressed regional aspirations. This change was reflected in United States policy. In
Walt Rostow's words it was
one of the most important, if unnoticed, transitions in policy under President Johnson . . . that
we are now actively supporting the building of regional institutions and regional co-operation
in Latin America, Asia, and Africa as well as Europe. 15
At the same time the degree of detente between the United States and the Soviet
Union following the Cuban missile crisis of 1962 both eased the direct security threat
in Europe and created a certain distrust of direct American dealings with the Soviets
at potential European expense. This situation provided leeway for policies, including
those of General Charles de Gaulle, which were less "Atlantic-oriented." Perhaps
even more important than the announcement by France in 1966 that it would with-
draw its forces from NATO assignment and command was the beginning by the Fed-
eral Republic of Germany (West Germany)in the same year of a new policy of contacts
with the East which Pierre Hassner calls "the hour, so often falsely predicted, of a
search for alternatives to the policy of integration in the West and reliance on the
United States." 16 At the same time United States European policy turned away from
the "Atlanticist" schemes of the early 1960's, such as the creation of a multilateral
force (MLF) for NATO, toward an emphasis on detente which sometimes appeared
to Europeans to beat the expense of the Atlantic alliance. Whether the Soviet invasion
of Czechoslovakia and the change of American administration have really altered
these trends or, as seems more likely, have merely delayed them, remains to be seen.
In any case, American policy toward regional organization was again under debate
A SURVEY OF RECENT DEVELOPMENTS 257
in the late 1960's. In the eyes of its critics the Administration of Lyndon Johnson was
using the names of ephemeral Asian organizations to answer questions about its goals
in Vietnam at the same time that it was neglecting regional organization in Europe.
Thus critics charged that it had no overall policy toward regional organizations except
at the declaratory level. Whatever the merit of this criticism, anumber of critics, faintly
echoing the debates of 1943, have advocated a more consistent policy of support for
autonomous regional organizations without direct United States membership as a
means to a new structure of world order.
Hemispheric influence
One of the major United States policy interests that has been served through re-
gional organization and certainly the most long-standing one has been the mainte-
nance of a sphere of influence (exclusion of what we define as hostile external influ-
ence) in the Western Hemisphere, particularly in the Caribbean region. This is not to
say that the only role of the OAS has been maintenance of a United States sphere of
influence, but this has certainly been one of the roles as the United States use of the
OAS in the cases of Guatemala in 1954, the Dominican Republic in 1965, and Cuba
since Fidel Castro's takeover indicate. 17 It is instructive that at the time of the 1945
debates on the inclusion of a special clause in the UN Charter to protect the pan-Amer-
ican arrangements Vandenberg quotes Leo Pasvolsky, a staunch "globalist" opposed
to the inclusion of such a clause, as arguing that we would act despite a veto in a Pan-
American dispute requiring force. 18
A regional organization offers the dominant power a basis for signaling "hands off'
to an external power and the means to achieve collective legitimization of actions it
wishes to take in the region. A mistake by one superpower in its estimates of the other
superpower's intentions is a potential source of nuclear holocaust. However, explicit
agreements on spheres of influence that might prevent such a mistake are taboo in
the current system. 19 In these circumstances regional organizations such as the OAS
or theWarsaw Treaty Organization (WTO) can serve as salient points for tacit warn-
ings between the superpowers. Second, in cases in which the United States feels that
its security interests compel it to intervene to maintain its sphere of influence it can
tum post hoc to the OAS for at least partial collective legitimization, and in the bargain
overgrantingOAS approval the Latin states are given at least a minor degree oflever-
age over the actual continued conduct of the intervention. 20
There are several possible costs of using a regional organization for maintaining a
258 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
Containment
A second major foreign policy objective which the United States has pursued
through regional organizations has been the objective of "containment" -originally
of Soviet power, later broadened to containment of "Communism." Both economic
and military organizations have been used. Amongthelatterthe United States created
and participated in NATO-first the Treaty in 1949, then the highly developed Or-
ganization after the onset of the Korean War in 1950 -as a means of establishing a
credible commitment to defend Western Europe against the Soviet Union. With
decolonization and increased focus on the power of the People's Republic of China
(Communist China) in Asia Secretary of State John Foster Dulles promoted the quasi-
regional Baghdad Pact (later CENTO), in which the United States was an observer,
and the quasi-regional SEATO,ofwhich the United States was anonregional member,
as a means of completing the ring around "the Communists." It has been suggested
that Dulles turned to these quasi-regional imitations of NATO because they were
easy to sell to Congress, because they were expected to allow easier access to weak
areas, and because they promised to limit American expense and responsibility. 28 In
any event, the opposition of neutralist Asian countries and their refusal to join made
the inadequacy of the quasi-regional pacts apparent even to Dulles, who soon limited
the United States commitment in SEAT0. 24
With theexceptionofNATO and the belated resurrection of SEATO for legitimiza-
tion purposes after the United States had run into increasing criticism of its Vietnam
policy, quasi-regional military "pactomania" proved to be a very brief phase in United
States policy. On the other hand, the objectives of containment have been pursued
through other forms of regional organization.
A SURVEY OF RECENT DEVELOPMENTS 259
In Europe the United States supported the economic integration of the Six while
being cool to the ideas of a European Free Trade Association (EFTA), in part at least
because it was hoped that the former would lead to sufficient political integration to
support a defense capability that could become an equal partner ("the other end of a
dumbbell," in the image of the day) tied to the United States in the Atlantic alliance
half of a bipolar world. In Asia, after Dulles realized the failure of his pacts to attract
neutral countries, which were then scheduled to meet at Bandung, the United States
turned briefly to the idea of a regional economic organization supported by United
States economic aid ("something like the OEEC") as a means of keeping Communist
influence out of "the free arc of Asia." The regional organization aspect of the idea
wasdropped,however, after an unsuccessful conference in Simla, India, in May 1955,
at which the smaller Asian states proved reluctant to accept a regional body interfering
with their bilateral aid from the United States, particularly one that might be subject
to Indian or Japanese leadership. 25
More recently, the Johnson Administration turned to Asian regional organizations
ranging in scope from the Asian Ministers of Education to the Asian and Pacific Coun-
cil (ASPAC) as means of creating a sufficient sense of unity and common interest
among the countries bordering Communist China, so that they would no longer pre-
sent a "vacuum of power" into which the United States might be drawn, but could
become strong "partners" instead. 26 The United States hoped to reduce the burden
of containment by finding
in regionalism a new relationship to the world community somewhere between the over-
whelming responsibility we assumed in the early postwar years as we moved in to fill vacuums
of power and to deal with war devastation and a return to isolationism. 27
In assessing the benefits and costs of using regional organization as a tool for con-
tainment we cannot hope to settle differences of opinion over whether the goal of
containing the power of Communist China, the Democratic People's Republic of
Korea (North Korea), and the Democratic Republic of Vietnam (North Vietnam) in
Asia, and the goal of containing Soviet power in Europe are (or were) of equal (or any)
merit. We can, however, discuss the suitability of regional organizations as means to
those goals in the two settings.
The prime benefit of using military quasi-regional organizations for containment
is that by institutionalizing and preparing defense projects in advance the credibility
of the American connnitment to the protection of an area is underlined or enhanced
and thus so is the ultimate deterrent effect. However, United States membership in
an organization alone is not a sufficient guarantee of credibility. The quasi-regional
and poorly organized SEATO seems to have lacked credibility. Even in the highly
organized NATO, however, doubts about the credibility of the United States commit-
ment, even reinforced by the stationing of American troops, arose in some circles in
Europe, particularly after the Soviets obtained ballistic missiles capable of devastating
American cities while (despite various efforts at institutional engineering) NATO's
important nuclear retaliation capacity remained firmly in unilateral American hands.
A second benefit of using the regional organization instrument is the creation of im-
proved channels of communication both through regular conferences and through
260 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
On the other hand, in some cases, when the United States has changed its policy be-
causeofitsperceptionofthe security situation, the result has often been to exacerbate
relations with our partners. Changes in NATO strategy have tended to be American-
led and have not always been well received in Europe. 29 It is instructive of the costs
of this type of regional military organization in a period of diminished external threat
that former Secretary of Defense Robert McNamara's flexible defense doctrine of
1962led to concern among Europeans who feared that it might weaken the nuclear
deterrent. Ironically, this United States doctrine was not officially accepted by the
NATO Council untill968, after the departure of France had contributed to its obso-
lescence.
The prime benefit of the nonmilitary regional organization as an instrument of
containment has been the prospect of diminishing the burden on the United States
both economically and in terms of American domestic political costs. The theme has
been prominent since the early debates on United States support for European re-
gional organization as well as in the more recent Asian policy statements of the Johnson
Administration. There is the additional benefit that these economic and functional
organizations may be the only means available for a containment policy in situations
where local sentiment for nonalignment makes bilateral or regional military alliances
with outside powers unpopular. 30
The greatest cost of this policy is the risk of misperception of reality through the
"telescoping of time" -a failure to take fully into account the length of the stages
involved. The future image of a cohesive region capable of self defense may be sub-
stitutedforthedivisivecurrent reality, and the regional organization becomes a token
or symbol that helps obscure a more accurate perception of reality. While it is true that
political or cultural regional organizations may help establish a sense of regional
identity, the type of integration or organizational structure that can be built on iden-
tity alone tends to be "token integration at the international level"- helpful but hardly
sufficient as a basis for containment. It is also true that regional economic organizations
can unleash a number of dynamic forces which can bring about a "spillover" into a
A SURVEY OF RECENT DEVELOPMENTS 261
higher level of integration in an area. There are difficulties with this, however, as a
basis for containment policy. Although we are still at an early stage in our knowledge
in integration theory, there are both theoretical reasons and practical evidence to
cause one to be wary about the extent of these forces outside of the Western European
context. 31 Moreover, even in Europe the rate at which economic integration might
lead to a level of political integration that would entail a common defense capability
seems to be much slower than was expected in the 1950's.
In short, the failure to see how very long the short run really is may obscure a full
realization of the problems involved in using nonmilitary regional organizations as
more than a minor instrument in containment; and this may lead to underestimation
of the costs of continuing a containment policy in the international system of the
1970's.
Economic development
A third major foreign policy objective for which the United States has used regional
organizations as an instrument has been economic development, first in the recon-
struction and expansion of the Western European economies, later in the various
parts of the less developed world. 32 There were two distinct aspects of United States
support for regional economic organizations in Europe.
First, American support for regional economic organization in Europe was partly
out of belief in the greater economic efficiency, including greater competition in
larger-sized markets than those typical of European states. Its willingness, however,
to support regional protectionist abridgements of its universalist principle of most-
favored-nation treatment in international trade and its readiness to suffer trade di-
version were limited in Europe to "the Six," among which it was felt that the higher
levels of economic integration would contribute toward political objectives as well.
The second aspect of United States support for regional economic organization in
Europe had to do with the problems and tasks of allocating American economic aid.
The desire to avoid being caught in the middle of constant disputes over allocation
and a desire to avoid charges of domination were already reflected in the phrase in
George Marshall's famous speech at Harvard University on June 5, 1947, that a uni-
lateral plan would be "neither fitting nor efficacious." The result was the formation
of the Organization for European Economic Cooperation, charged with reaching
agreements from a regional point of view on recommended distribution of American
economic assistance. 33
The United States was slow to extend this approach to less developed areas. Despite
a rather beguiling remark by President Dwight D. Eisenhower that what was good for
Europe might be good for Latin Americans, too, United States economic orthodoxy in
the 1950's led to a cool reception for Latin American schemes for Latin regional eco-
nomic organizations. 34 By the end of 1958, however, some United States leaders
began to see the need to reappraise economic policy toward Latin America. (This
perception was later enhanced by Castro's revolution but actually antedated it.) 35 In
addition, the United States was faced with a concrete opportunity to assist the Central
American Common Market (CACM) which, after careful cultivation by the UN Eco-
nomic Commission for Latin America (ECLA) throughout the 1950's, had signed its
262 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
first major trade integration treaty in 1958. The decision to break with former eco-
nomic orthodoxy was dramatized by the particularly obvious necessity for a larger
market among such tiny states and the alternative prospect of unending instability
in an area of primary United States security concern. Subsequently, the United States
Agency for International Development (AID) established a unique Regional Office
for Central America and Panama (ROCAP) and by 1967 had granted some $100
million in support of regional projects. 36
Support for regional economic integration became accepted verbal policy after the
1961 Charter of Punta del Este that launched the Alliance for Progress. As Miguel S.
Wionczekhas argued, however, its peripheral priority before the 1967 Punta del Este
summit conference, at which the United States committed itself to support a Latin
American common market to be formed by 1985, meant that a variety of counter-
vailing private and bureaucratic interests frequently prevailed in practice. 37
In addition to support for Latin American economic integration the United States
has experimented with and is a member of other forms of economic regional organi-
zation, such as: the Inter-American Development Bank (IDB) in which the staff is
predominantly Latin American though the capital is North American; the Inter-
American Committee on the Alliance for Progress (ClAP), based in part on the model
of OEEC, which carries out multilateral studies of country programs designed (albeit
somewhat imperfectly in practice) to be of assistance in the allocation of economic
aid; and the Inter-American Economic and Social Council (IA-ECOSOC) which after
the 1967 reforms of the OAS Charter which reoriented the OAS toward economic
questions was raised to coequal status with the political Council.
In United States policy toward Mrica a convergence of Congressional concern over
the dangers of overcommitment, which led to imposition of a legislated limit on the
number of countries to which development assistance loans could be granted, and a
growing concern within the American administration with economic effects of the
proliferation of tiny Mrican states, led to a redirection of the AID program toward
promotion of regional economic organization. The catalyst for the change was the
Korry Report, 38 commissioned and received by President Johnson in 1966, which
will lead to some 40 per cent of United States aid to Africa for regional purposes. 39
In Asia renewed emphasis on regional economic projects, in particular United
States support since 1965 for the Asian Development Bank, was stimulated originally
by the political difficulties that America encountered over its Vietnam policy 40 (~t
ness President Johnson's 1965 speech at]ohns Hopkins University, Baltimore, Mary-
land). Subsequently, however, the potential economic effects of the organization, as
well as the prospect of getting Japan more involved in the region, have grown in
importance.
A major benefit of supporting organizations involved in regional economic inte-
gration orregional services is simple economic efficiency. Some ninety less developed
countries have populations under 15 million; sixty have markets under 5 million. At
low levels of per capita income these population figures represent markets which can
support only a limited range of efficient industry which the countries are bent on
having for political reasons. Some such states are hard pressed to support a full panoply
of services that go with sovereign status. The availability of this benefit is limited, of
A SURVEY OF RECENT DEVELOPMENTS 263
and there are grounds to believe that future OAS capacity in this role may be more
limited than it was in the past. 46 Outside the Western Hemisphere American policy
has employed UN peacekeeping procedures with the exception of a futile effort to use
NATO in the Cyprus dispute. Although former Secretary of State Dean Rusk has
applauded the performance of the OAU,and testified to Congress that United States
supportforregionalinstitutions in Africa "has to do with their ability to settle disputes
among themselves," 47 it is almost impossible to detect this concern as an operational
criterion among AID officials involved in implementing the policy.
On the other hand, the United States has frequently turned to regional organization
in hopes of providing "integrative solutions" to disputes in several areas. A strong and
consistent motive for American support for "small Europe" of the Six has been the
concern with "integrating" Germany and France and providing a context for success-
ful resolution of traditional conflicts such as the Saar dispute settled in 1955. United
States support of the Central American Common Market is an example of another
successful case. 48 On the other hand, attempts at promoting regional organizations as
a means toanintegrativesolutionoftheMiddleEasternsituationhave been unsuccess-
ful. 49 Similarly, President Johnson's 1965 announcement of support for the Asian
Development Bank, a regional aid program, and the ensuing increased attention to
the Committee for Coordination of Investigations of the Lower Mekong Basin seemed
motivated in large part by the futile search for an integrative solution to the Vietnam
imbroglio.
The benefits of a policy promoting either of the two types of use of regional organiza-
tion for resolution of local conflicts are quite obvious. The more easily a dispute can
be contained or resolved intraregionally, the less the likelihood of involving the super-
powers and the less the burden on the United Nations system.
The costs are of several types. First, there is the possibility that a regional organiza-
tion of which the United States is not a member might impose a solution intolerable to
an American ally or in the case of the OAU or the Arab League might use any incre-
ments to its "peacekeeping capacity" for peacebreaking against what it considers
intolerable regional enemies such as South Africa or Israel. Alternatively, the price
of effective and acceptable regional peacekeeping action by the OAS may be a degree
of United States initiative which may lead to resentment among Latin countries.
Second, the aid given to promote an integrative solution may have a cost in terms of
interference with other criteria for giving aid such as economic efficiency or political
alignment. If the probabilities of an integrative solution are very low, these costs may
outweigh the benefits.
The prospect in the 1970's of achieving success in enhancing the "peacekeeping"
capacity of regional organizations, particularly outside the Western Hemisphere,
might depend on continued detente and the capacity of the superpowers to agree to
limit their involvement in the regions concerned. On the other hand, the rationality
of a policy of promotion of regional integrative solution would be unlikely to be af-
fected by changes in the international system, except perhaps if there should be a
return to tight bipolarity in whichcasealignmentmight become an important criterion
for aid.
A SURVEY OF RECENT DEVELOPMENTS 265
current separation between the capacity of states to participate in world politics and
the responsibilities for world order which they are willing to undertake. The inflation-
ary system that allows weak states more freedom of action to use their power than
superpowers will likely lead to nuclear proliferation of the most dangerous kind. At
the same time the United States has an interest in increasing diversity, particularly
the emergence of China and the creation of an independent European power, for
multipolarity would increase diplomatic flexibility and allow the Great Powers to
devote more attention to each other rather than to policing their ideological "camps"
and being drawn by bipolarity into marginal conflicts. To help keep the international
system moderate and responsible the United States should encourage the creation of
separate hierarchies in the various functional areas of international relations; the
formation of an autonomus European power in world affairs; and the establishment
of autonomous regional organizations of the types that would involve local regional
powers in responsible leadership positions in economic, scientific, and peacekeeping
tasks in the rest of the world -all under the ultimate nuclear umbrella of two or three
superpowers and within thenormativestructureofthe United Nations and the various
global economic and functional agencies.
A possible objection to such a policy of support for regional organization as a means
of changing the structure of the international system might be made on the ground that
the setting of world politics of the 1970's will not be favorable to regionalism. In fact,
one's vision of the future of the international system depends upon the means one
chooses for projecting it. If we sketch the setting of the 1970's by projecting current
technological trends and their effects on defense considerations and economic trans-
actions, the setting may be uncongenial to regional organization. In Wohlstetter's
view,
the revolution in transport and commwrications casts doubt not only on the new isolationism of
a growing minority but also on the more respectable but rather mechanical regionalism that
may frequently be found in both the Democratic and Republican establishments: the grand
designs for Latin American common markets, Asian common markets, African wrions, eco-
nomic writies spanning the Middle East from Morocco to Afghanistan, and others. 56
More generally, one could argue that as the tight bipolar system of the 1950's has
loosened, some of the newly important subsystems have not had a regional basis. For
example, the recently politically important monetary subsystem with its Group of
Ten is nonregional, and the inclusion of Japan in the "Atlantic" Organization for Eco-
nomic Cooperation and Development (OECD) in 1964 may be typical of the future.
In a world of jumbo air freighters, giant supertankers, and large-scale data processing
that facilitates capital movements and multinational corporations, geographically
remote trading partners suchasJapanand the United States should be able to increase
mutual trade at least as rapidly as the regional European Economic Community
(EEC). In the defense field nuclear and missile technology has already reduced the
role of geographical distance in military security, and similar changes can be expected
to result from satellite technology. 57 In the view of Thomas Schelling a new type of
global geography may be taking over in which gravity, earth spin, and cloud cover
may become as important in the world of satellites as Suez or Gilbraltar were for
A SURVEY OF RECENT DEVELOPMENTS 267
(e.g., the OAS and the Warsaw Pact) or between the weak (e.g., the OAU) and the
superpowers.
In short, as long as the international system of the 1970's maintains certain features
of the current structure, there will be a number of political incentives for the use of
regional organizations despite an ambiguous balance in the long-run technological
trends. Thus regional organization appears to be neither the "automatic" trend of the
1970's as some enthusiasts suggest nor a relic of the 1950's as the skeptics seem to
imply. At best the projected setting is ambiguous and thus enhances the room for
policy choices.
early 1970's the various types of autonomous regional organizations (with the possible
exception of Western European organizations) can become sufficiently strong to bear
the burden that is expected of them. As we have argued above, the peacekeeping
record of organizations other than the OAS (in which the United States' membership
seems tomakewhat difference there is) has not been impressive to date. The capacity
of less developed countries to cooperate successfully in economic regional organiza-
tions with a scope broad enough to make a significant difference to economic develop-
mentor the promotion of integrative solutions has been limited thus far to two some-
what shaky cases, the East African Common Market and the Central American
Common Market. The management of regional balances of power under conditions
of proliferation of vulnerable nuclear forces (e.g., potentially the Middle East) involves
a complexity of considerable and possibly dangerous dimension. In short, policy-
makers may wish to encourage regional organization in accord with a long-run vision
when the costs are low butshouldnot necessarily opt for the regional alternative when
the costs in terms of other goals are high.
Not only must an American policy on regional organization in the 1970's take ac-
count of problems of timing; it should also be based on a clear perception of potential
conflicts between goals. The five foreign policy goals examined above are not always
complementary. Unless this problem is clearly perceived and priorities are deliber-
ately chosen, one goal may have costs in terms of another that nullify its benefits. We
have already noted the conflict between regionalism for ideological containment and
regionalism for the creation of a series of autonomous balances of power. In some
ways the regional organizations we have created in Asia seem designed to prevent a
Chinese sphere of influence. Containment may also conflict with a policy of support
for regional organization for economic development or for integrative solutions-
witness the 1967 American volte-face on a Mekong Committee commitment after it
was felt that Cambodia had become too close to Hanoi. 62 "Containment" in the ideo-
logical sense might also make it difficult for the United States to continue regional aid
to an East Mrican or Latin American common market if one of the members under-
wenta "Communist coup." A policy of regionalism for local peacekeeping might have
costs in terms of regionalism for economic development if, for example, United States
financial aid to the OAU or United States training of Mrican army units for OAU
peacekeeping led to an expensive guerrilla compaign against Portugal and South
Africa.
In conclusion, the setting for regional organization in the 1970's will be neither as
clearly favorable as the enthusiasts nor as unfavorable as the skeptics predict. There
will be scope for choice in our policy. In such circumstances a long-run vision is im-
portant if we are to escape the mere perpetuation of past policies which are beginning
to lose their relevance. It is mildly ironic that the vision of a more flexible and moderate
international system toward which regional organization would contribute might
make the debates of 1945 over Chapter VIII 63 of the UN Charter relevant again. The
United States might well wish to "un-rewrite" the Charter and go back to a system of
Security Council approval (and potential United States veto) of regional organization
enforcement actions before the United States embarked on a policy of giving peace-
keeping aid to the OAU or the Arab League. And the United States might be willing
270 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
to pay the price that would have been unthinkable at the height of the Cold War, i.e.,
Security Council approval (and possible Soviet veto) of enforcement actions in the
American sphere of influence in the Western Hemisphere.
Long-run visions, however, are not sufficient basis for short-run policy, and a doc-
trinaire support for certain types of regional organization that would ignore problems
of timing and fail to make distinctions between different areas would be mistaken.
We cannot, in the early 1970's at least, escape the frustrations and expense of attempt-
ingtoprovideleadershipinorganizations like NATO and the OAS until other security
systems evolve for those areas. Similarly, though we may wish to promote autonomous
regional organizations for economic development and conflict prevention and man-
agement, the promotion of effective organizations of which we are not a member is
only in small part within our control. United States policy toward regional organization
in the 1970's should be informed by a long-term vision of an improved world order,
but we must be careful not to mistake organizational symbols and future hopes for
current reality.
1 See Arthur P. Whitaker, The Western Hemisphere Idea: Its Rise and Decline (Ithaca, N.Y.: Cornell
University Press, 1954).
• According to William Manger when the Commercial Bureau was under the United States Secretary of
State, it was more like an American agency than an international organization. See Pan America in Crisis:
T1w Future of the OAS (Washington: PuWicAffairs Press, 1961), p. 3. •
3 I. Claude, Jr., European Organization in the Global Context (Brussels: Institut d'Etudes Europrennes,
1965),p. 8.
• SeeB.Boutros-Gali, Contributionaletudedesententesregionales (Paris: A. Pedone, 1949), p. 8
5 Claude, p. 9.
6 Cordell Hull, TheMemoirsofCordellHull (2 vols;NewYork: Macmillan, 1948), Vol. II, p.1646.
7 WilliamHardyMcNeill,America,BritainandRus&W(London:OUP,1953),p.323.Subsequently,when
outofpowerChurchillcalledfor European unity, butitwasnevercompletelyclearwhat he meant by "unity"
or how he saw Britain's relation to it. Nor did his actions upon his return to power clarify the issue.
6 See Bryce Wood, The Making of the Good Neighbour Policy (New York: Columbia University Press,
1961).
9 See Ruth B. Russell, with Jeannette E. Muther, A History of the United Nations Charter: The Role of
the UnitedStates1940-1945 (Washington: Brookings Institution, 1958), Chap. 27.
10 Arthur H. Vandenberg, Jr., The Private Papers of Senator Vandenberg (Boston: Houghton-Mifflin,
1952).
11 Inis L. Claude, Jr., "The OAS, the UN and the United States," International Conciliation, March 1964
(No. 547).
12 For instance, the longest distance between the capitals of Southeast Asia Treaty Organization (SEATO)
members (11 ,500 miles) is only slightly less than the longest distance between the capitals of UN Members
(12,400 miles). We shall refer to such organizations as "quasi-regional."
13 Whitaker, p. 155.
14 Norman J. Padelford, "Regional Organizations and the United Nations," International Organization,
May 1954 (Vol. 8, No. 2), p. 206.
15 W. W. Rostow, "Regionalism and World Order,"DepartmentofStateBulletin, July 7, 1967 (Vol. 57,
No. 1464), p. 69. (Originally a conunencement address at Middlebury College, Middlebury, Vermont, June
12, 1967.)
16 PierreHassner, ChangeandSecurityinEurope. Part I: TheBackground(AdelphiPaper,No. 46) (Lon-
don: Institute for Strategic Studies, February 1968), p. 2.
17 See Claude, International Conciliation, No. 547.
16 Vandenberg, p. 189.
19 SeeinternationalHerald Tribune, September 14-15,1968:
"SecretaryofStateDeanRusksaidlastnightthattheSoviet Union, through military force, had established
and maintained a 'sphere of dominance' in Eastern Europe. He made the statement in categorically deny-
ing again,that the U.S. government ever had any 'spheres of influence' agreement or understanding with
Moscow.
•• See Jerome Slater, "The Limits of Legitimization in International Organizations: The Organization of
American States and the Dominican Crisis," International Organization, Winter 1969 (Vol. 23, No. 1), pp.
48-72.
A SURVEY OF RECENT DEVELOPMENTS 271
21 For an argument that spheres of influence are becoming obsolete see Albert Wohlstetter, "illusions of
Distance," Foreign Affairs, January 1968 (Vol. 46, No.2), p. 250.
•• See John C. Dreier, "New Wine and Old Bottles: The Changing Inter-American System," International
Organization, Spring 1968 (Vol. 22, No.2), p. 485.
23 Edgar S. Furniss, Jr., "A Re-examination of Regional Arrangements," Journal of International Affairs,
1955 (Vol. 9, No. 2), pp. 80-81.
.. See Louis Halle, TheColdWaraslnstory(London: Chattoand Windus, 1967),p. 304.
25 See Lalita Prasad Singh, Tlw Politics of Economic Cooperation in Asia: A Study of Asian International
Organizations (Columbia: University of Missouri Press, 1966), pp. 9-11. I am also indebted to Robert Den-
ham for the research on this point.
•• See Bruce M. Russett, "The Asia Rimland as a 'Region' for Containing China," in Public Policy, ed. by
JohnD.MontgomeryandAlbertO. Hirschman, Vol.16 (1967),pp. 226-249.
27 Rostow,DepartmentofStateBulletin, Vol. 57,No.1464,p. 69.
•• WilliamT.R.FoxandAnnetteB.Fox,NATOand tlwRangeofAmerican Choice (New York: Columbia
University Press, 1967), p. 125.
•• See Robert E. Osgood, Alliances and American Foreign Policy (Baltimore, Md: Johns Hopkins Press,
1968), p. 52.
•• There may besomeareaswhere local regional military alliances will be politically acceptable and might
gain legitimacy through formation of a regional organization. See, for example, recent discussions between
Australia, New Zealand, and Malaysia, (The Economist, Marchi, 1969 [Vol. 230, No. 6549], p. 28).
31 See Joseph S. Nye, "Comparative Regional Integration: Concept and Measurement, International
Organization, Autumnl968 (Vol.22,No. 4),pp. 855-880; and JosephS. Nye, (ed.),InternationalRegional-
ism (Boston: Little, Brown, 1968).
•• In general, development has beenconceivedofprimarilyinits economic dimensions. For some evidence
that regional organization can have an effect on "political development" as well see J. S. Nye, "Regional In-
tegration and Political Development," International Development Review, September 1967 (Vol. 9, No.3),
pp.l7-19.
•• For details see Ernst H. van der Bengel, From Marshall Aid to Atlantic Partnership: European Integra-
tion as a Concern ofAmerican Foreign Policy (Amsterdam: Elsevier Publishing Company, 1966).
34 Eisenhower allegedly told a cabinet meeting in 1953:
"Youknow, wesithereandtalk,all toorarely,aboutonecommodityinonecountry, out of all the American
republics. YetwhenwespeakoftheaffairsofEurope, we talk on a totally different level. Unity, unity, unity:
We say it over and over. And we think back to Charlemagne.... But what is true for one continent should
be just as true for another."
(Quoted in Emmet John Hughes, The Ordeal of Power: A Political Memoir of tlw Eisenhower Years [New
York: Atheneum, 1963], p. 145.) .
35 See Robert Harrison Wagner, Latin America and tlw Economic Policies of tlw United States (Ph.D.
dissertation, Harvard University, 1966), pp. 256-293.
36 See Joseph S. Nye, Jr., "Central American Regional Integration," International Conciliation, March
1967 (No.562),pp.50-57. Three-fourths of United States aid to the area remained bilateral. See also James
D. Cochrane, "United States Attitudes Toward Central American Economic Integration," Inter-American
Economic Affairs, Autumn 1964 (Vol. 18, No. 2), pp. 73-91.
37 Miguel S. Wionczek, "Latin American Integration and United States Economic Policies," in Robert W.
Gregg (ed.), International Organization in tlw Western Hemisphere (Syracuse, N.Y.: Syracuse University
Press, 1968), pp. 91-156. He cites United States resistance to regional shipping and payments schemes as
examples. See also Christopher Mitchell, "Common Market- The Future of a Conunitment: Punta del Este
and After," Inter-AmericanEconomicAffairs, Winter 1967 (Vol. 2l,No. 3), pp. 73-87.
38 Edward M. Korry, former Ambassador to Ethiopia, was commissioned by President Johnson to recom-
mend how AID could contribute more effectively to African development.
39 See Anthony Astrachan, "AID Reslices the Pie," Africa Report, June 1967 (Vol. 12, No.6), pp. 8-15.
See also RobertS. Smith, "New AID Policies for Africa," Foreign Service ]ourna~ February 1968 (Vol. 45,
No.2), pp. 16-19.
40 PbilipGeyelin,LyndonB./ohnsonandt/wWorld(NewYork:FrederickA.Praeger,1966),pp.276-278.
41 W. W. Rostow, "The Role of Emerging Nations in World Politics," Department of State Bulletin, April
5, 1965,p. 495. (Address made at the UniversityofFreiburg, Freiburg, West Germany, March 15, 1965.)
42 See Roger Hansen, Central American Regional Integration and Economic Development (Studies in
Development Progress, No.1) (Washington:NationalPlanningAssociation, 1967), Chap. V.
•• John Montgomery, "Regionalism in U.S. Foreign Policy: The Case of Southeast Asia" (Paper prepared
for the Wingspread Symposium on Southeast Asia, September 1965).
44 See RaUl, saez S., "The Nine Wise Men and the Alliance for Progress," International Organization,
Winter 1968 (Vol. 22, No. 1), pp. 244-269. Also see The New York Times, May 14, 1967:
"The Guinean President made clear his opposition to multilateral or regional aid concepts.... He said
this would subject him to economic neo-colonialism by the former colonial powers, particularly France."
45 For details see Joseph S. Nye, International Regional Organizations (Boston: Little, Brown, forth-
coming).
272 REGIONAL INTERNATIONAL ORGANIZATIONS I STRUCTURES AND FUNCTIONS
majorinstitutions of the EEC, the impact of interest groups upon the system, public
opinion and the growth of transnational, European political parties within the sys-
tem.
Deutsch, Karl W. and others, France, Germany and the Western Alliance (New York:
Charles Scribner's Sons, 1967). This is a major study in the field of elite attitudes
toward European economic and military integration. This is the work with which
Dr. Inglehart contrasts his findings in the article which appears in this volume.
Feld, Werner, The European Common Market and the World (Englewood Cliffs,
N.J.: Prentice-Hall, Inc., 1967). Although Feld is primarily interested in trading
relationships between the Common Market and other major trading states and
groups, he also presents an excellent summary of the decision-making process of
the EEC, including an analysis of interest group activities.
Hovey, J. Allan, Jr., The Superparliaments: Interparliamentary Consultation and
Atlantic Cooperation (New York: Frederick A. Praeger, Inc., 1966). This work
covers the present structures and powers and potential growth of the various par-
liamentary bodies associated with the Western European Union, the Council of
Europe, the European Olmmunity and the Organization for Economic Coopera-
tion and Development.
Korbonski, Andrzej, "The Warsaw Pact," International Condliation, #573 (May
1969). Dr. Korbonski consistently fills the void in our understanding of the Eastern
European organizations. "TheWarsaw Pact" is an excellent review of the decision-
making processes and policies of the Soviet Bloc's military alliance.
Morrisson, Clovis C., Jr., The Developing European Law of Human Rights (Leyden,
The Netherlands: A. W. Sijthoff, 1967). This is an excellent work on a little-known
topic, the European Court of Human Rights. In addition to discussing the rule
adjudication function, this book also contains valuable information concerning;
the use of the legal system in the function of socialization.
Economic and Political Union (New York: Oxford University Press, 1967). Several
essays are collected here that cover both national and international integration in
Africa. In addition to movements in Black Africa, there is also a study of North
African integration.
Macdonald, Robert W., The League of A rob States: A Study in the Dynamics of Re-
gional Organization (Princeton, N.J.: Princeton University Press, 1965). This is
perhaps the leading work on the Arab League. All functions except rule adjudica-
tion are covered in the materials presented in this book.