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2. EL CONTRATO DE COMPRAVENTA EN ROMA

2.3. ELEMENTOS

2.3.1. Consentimiento

Each age believes its time is unique, a paradigm change from the past. But as ancient Indian sages proclaimed, “Change is the only constant”. What then is so special about the twenty-fi rst century? These essays provide an answer. I believe we are justifi ed in the assertion that the start of the twenty-fi rst century is a time of para- digm change in the way international relations are conducted. We examine the change elements, looking at the way states deal with one another, in what has become globalized diplomacy. Today, “world affairs is about managing the colossal force of globalization.”1

In the midst of a regional summit meeting, the head of government of a Southeast Asian state sends an SMS (text) message to another leader in the same room. Obtaining his concurrence to a proposal that he has just thought up, he then sends two more SMSs to canvass support from other

counterparts; before his own offi cials realize it, a new initiative has been launched, with no offi cial record of the exchanges, or how they came about. A number of major Western leaders are in frequent direct contact with one another via text messages, cutting through diplomatic formalities.2

On another continent, a Western envoy is frustrated with stonewalling by the local government, in his attempts to prevent local action that seems to hurt the interests of the receiving country’s minority indigenous native population; even his own government seems reconciled to this impasse— perhaps appreciating that this is a matter for that nation’s domestic policy. Not satisfi ed, this envoy uses the internet to “unoffi cially” alert several international nongovernmental organizations (NGOs) that work in that country; they in turn quietly warn their partner agencies in that country that they will hold back some aid projects; that does the trick, and the action that triggered the problem is scrapped.

Elsewhere, a developing country association of industries, after gaining credibility in support of the home country’s ecopolitical diplomacy, launches a series of bilateral country dialogue groups, where captains of industry, former offi cials, and public fi gures meet annually to discuss the full spectrum of that relationship, to recommend initiatives to the two governments. Their motive: a realization that sound economic relations are intertwined with politics, security concerns and

2 One assumes that among these Western leaders, communication proto-

cols ensure confi dentiality. Does that apply to leaders in other regions also making extensive use of direct phone calls and text messages? We know that major intelligence systems devote sizable resources to intercepting such communications.

soft power; this industry body sees itself as a stakeholder, with ownership in the nation’s foreign policy.

The common thread in these three incidents—each factual—is that diplomacy now involves many different players; it works in ways that were not envisaged by the framers of the 1961 Vienna Con- vention on Diplomatic Relations, the bedrock of interstate diplo- macy. The modern foreign ministry, and its diplomatic service, has to accommodate itself to the changed circumstances, in the knowl- edge that it remains answerable for failings, even while control over the diplomatic process has been fragmented.

The Changes

One consequence of globalization: many people feel that their lives are shaped by external events that are outside their control. Crisis has many faces. Take the global recession of 2008, producing economic insecurity, loss of jobs, decline in incomes, and slow- down in production, virtually in every country. Terrorism is another pervasive concern, with subterranean roots in foreign lands. Climate change affects all of us, threatening the very exis- tence of small low-lying island states. Other dangers are more insidious, such as the infl ux of foreign cultural infl uence, viewed with alarm by those that struggle to conserve their own heritage. Migration is another interconnected issue, of the “home-external” kind, both for countries from where the migrants originate and for the destination states. Each of these is a new kind of security threat, a consequence of interdependence among states and peoples. These are products of relentless globalization.

Why globalized diplomacy? About two generations ago, poli- tics was in command and was the prime focus of foreign ministry work; the best diplomats specialized in this fi eld. Then, commenc- ing around the 1970s, economic diplomacy began to emerge as a major component of external relations, in some ways overshad- owing political diplomacy; export promotion and foreign direct

investment (FDI)3 mobilization became the priority activities of the

diplomatic system. More recently we have seen the rise of culture, media and communications, education, science and technology and even consular work as some new priorities in diplomacy. Taken together, this third tranche is seen as a manifestation of soft power and as “public diplomacy”. Paradoxically, after the end of the Cold War, political diplomacy has also regained salience, becoming more open and complex. The techniques of relationship building and confl ict resolution have also become more sophisticated and require measured but rapid responses. Overall, diplomacy has become multifaceted, pluri-directional, volatile, and intensive.

Diplomacy has globalized in other ways. For one thing, with a breakdown in Cold War blocs, there exists no predetermined matrix of relationships. The West and North Atlantic Treaty Organ- ization (NATO) are now the dominant groups, but their former adversaries are also their networked partners, even while rivalries subsist. These are “normal” situations of contestation, driven by self-interest, as expressed through a search for resources and energy, and markets, to name only a few of the drivers; ideology is no longer an issue. The Non-Aligned Movement (NAM) has been hollowed out, and remains as a loose coalition of have-not states; its ritualistic biennial summits persist, but NAM members are much more preoccupied with smaller, issue-based groupings. In essence, every country fi nds value in working with networks that stretch into far regions, in pursuit of common or shared objectives. Often, economic opportunity provides the driving force, and this too is subject to globalized concerns.

Regional diplomacy has taken on a life of its own. Virtually every country is a member of multiple groupings, many of them

3 Foreign Direct Investment (FDI) is investment by foreign enterprises in

the production assets and the service industry in the receiving country; it is distinguished from portfolio investment, which is foreign investment in the shares and bonds traded on the stock market. FDI is considered the best form of foreign investment because it creates physical assets and jobs in the receiving country and is not nearly as volatile as other forms of investment, as it cannot be liquidated in a hurry. All countries, rich and poor, compete to attract FDI.

geography driven, besides those that have their locus in some other kinds of shared objectives. The membership pattern of such groups takes on a kaleidoscopic character; the names of the groups and abbreviated titles make a veritable alphabet soup. Even sea- soned specialists fi nd it hard to keep up with the profusion. Man- aging membership of such communities, and joining hands with different domestic ministries for this purpose, is a new challenge for foreign ministries (MFAs).

We should consider another change element. Some large and economically successful countries are seen as today’s “emerging powers,” joining the high table of the world’s major and near- major powers. One such small group is known by its acronym IBSA, that is, India, Brazil and South Africa; none of these states is quite a major power, but seems to offer the potential of reaching this rank. Another putative group is BRICS, consisting of Brazil, Russia, India, China and now South Africa; two of the fi ve are permanent members of the UN Security Council, but only one is a member of G-8. Both IBSA and BRICS have emerged on the inter- national stage as groups that pursue mutual cooperation at multiple levels, ranging from summit meetings among their leaders to functional collaboration among researchers and business groups, along mutually benefi cial trajectories. Behind these small clusters are other states, such as Egypt, Indonesia, Mexico, and Nigeria that aspire to recognition as emerging powers. Each seeks through its external policy to reshape the international environ- ment in consonance with its own interests. Since 2008, G-20, which began as a gathering of fi nance ministers, is now a major politico- economic forum. The international process is more kinetic and more volatile than ever before, resembling a large, multi-arm mobile, constantly in motion, continually reshaping interrelations among its composing elements, large and small.

Another element merits consideration. Some countries—be they large, medium-sized or small—manage their external rela- tionships in distinctly better ways than others. What is the key? This issue dominates the analysis presented in this book. Briefl y, the success factors are clarity of objectives and mobilization of all available resources to attain these, clearly prioritized. In diplomacy,

effectiveness hinges not on the money spent, or numbers of people deployed, but on well-considered actions, nimbleness, and sound calculations of risk and gain. The best foreign ministries optimize the talent that resides within diplomatic services—the only real resource that they possess—and pursue reform and adaptation. Public-private partnerships (PPP) also contribute; governments have seen the utility of joining hands with non-state actors, both at home and abroad. Benchmarking and mutual learning are among their regular practices. They also manage knowledge in a calcu- lated and consistent manner.

The Foreign Ministry and its Context

Diplomacy is a system of the interstate communication and issue resolution. As world affairs have evolved, diplomacy as the pro- cess of dialogue and accommodation among states, has adapted, responding to opportunities. The volatility of world affairs has accentuated change, to the point that some foreign ministries treat reform as a continual, incremental activity. Today’s dominant framework conditions are as follows:

The MFA is no longer the monopolist of foreign affairs. The •

MFA has to partner all branches of government, since each has its external activity, goals, and priorities, and it has to reinvent itself as a “coordinator” of all external policy, work- ing closely with them.4

These agencies respect the MFA for the contribution it makes •

to their agenda, not for its notional primacy in foreign affairs.

4 See, Brian Hocking, ed. Foreign Ministries: Change & Adaptation (Macmillan,

London, 1999). This is a paradox because Article 31 of the Vienna Convention on Diplomatic Relations stipulates the MFA as the principal channel for dip- lomatic communication; in practice, however, each ministry and department maintains its own network of bilateral ties with foreign partners, and multi- lateral contacts with international agencies and the like. The old “gatekeeper” role is lost for ever, even while some old-fashioned foreign ministries seem to hanker for it.

This is a hard lesson for many MFAs, because their leader- ship seemed much more assured in the past. Foreign minis- tries have to overcome this challenge, working for coherence in external policy.

Subject plurality compels the MFA to listen to outside exper- •

tise, while also struggling to cultivate in-house knowledge. Professional diplomats need to be both generalists and experts in some specifi c fi elds; collectively, they are the MFA’s pool of expertise. To put it another way, they need deep skills in a few areas, plus wide-even-if-shallow lateral skills in other fi elds; they must work harmoniously with other experts and become profi cient at networking.

Multiple non-state actors are the MFA’s permanent dialogue •

partners and stakeholders—that is, agencies active in the media, culture, academia, civil society, NGOs, science and technology (S&T), business, and others. Some of them harbor grievances over past neglect by the MFA.

The working environment is polarized. At one end are crisis, •

confl ict prevention, movements of peoples and refugees, plus a range of hard and soft security issues. At the other end, traditional exchanges continue among privileged inter- locutors, marked by elegant receptions and the trappings of old world diplomacy.

The MFA professionals confront dangers of personal hazard, •

which makes their work that much harder. They also deal with increasing intercultural diversity. They need broad, continuous training, plus high motivation.

The focus of professional diplomats has partly shifted from •

high diplomacy (involving issues of peace and security, or the negotiation of sweeping interstate accords); some of these are handled directly by heads of government and their offi ces. The professional now works mainly on low diplo- macy: issues of detail, such as building networks aimed at specifi c areas, trade and other economic agreements, public diplomacy, image building, contacts with infl uential non- offi cials, consular diplomacy, education, S&T and the like.

High volatility in international affairs means that reaction •

times are reduced. This demands alertness at MFAs, and at key embassies, on a 24×7 basis.5

Consular protection and emergency actions have become •

more visibly important than before, owing to the impact of terrorism and natural disasters.6 Diasporas are especially

important as allies in advancing external relations, though not all countries are clear on their “diaspora diplomacy.” Information and communications technology (ICT) is vital, •

but most countries are still experimenting, to exploit its full potential. The opportunity cost of neglecting technology is high.

The diplomatic network is tasked with multiple demands at a time when resources and manpower in public service in most countries face cutbacks; foreign ministries are seldom treated as an excep- tion.7 Some countries still believe that the ideas of performance

measurement, accountability or value-for-money are not relevant in their national ethos; it may perhaps only be a matter of time before these become near-universal demands. This is one of the consequences of globalization.

Domestic Interface

In the past, external affairs drew limited attention from home pub- lics, except during crisis; a national consensus generally supported

5 In the larger foreign ministries a crisis center is essential, not just as the lo-

cus of emergency actions, but to monitor international events on a continuous basis, and to alert home agencies to events that may impact on the country.

6 A Western envoy told the author that rising public concern over consular

services means that despite dwindling budgets, additional resources have to be ploughed into this sector, adding to the crunch in other areas (confi dential discussion, May 2010).

7 Preliminary research suggests that unlike in developed countries, a fair num-

ber of developing countries still manage to obtain additional resources each year from the national exchequer, over their modest base fi gures; it is unlikely that additional funds will be available over the long or even medium term.

the country’s foreign policy. The diplomatic machine was insu- lated from political crosscurrents. It used to be said that politics ended at the country’s borders. That has now changed radically.

Also altered is the old distinction between national policy, as determined by the political leaders, and its execution by an apoliti- cal diplomatic system. The mutual roles are now more permeable, and the boundary is less clear-cut. Professional diplomats are no longer insulated from home politics.

Many countries retain the model of politically neutral civil services (e.g. in the United Kingdom and its former colonies), but this is under strain; at the top levels, offi cials have to be politi- cally acceptable. In Germany, after World War II, civil servants were encouraged to hold their own political affi liation (they even serve in party secretariats on deputation). The French Grandes Ecoles graduates have long had a revolving door relationship, covering the civil services, politics, and the corporate world. The United States runs a highly politicized system of appointment to top administration jobs, including ambassadorships.8 In many

developing countries politics now intrudes openly into the public services; in some Latin American and African countries the majority of envoys sent abroad are political appointees. One challenge: diplomacy is not yet recognized as a specialized profession.

The injection of new issues in the international arena (such as democracy, human rights, universal standards of governance, public accountability) leads to borderline situations where envoy activism in foreign countries can lead to political acclaim at home (for instance, when US and other Western envoys in Kenya pushed for the democratic process in the past 15 years), or political embar- rassment (e.g. British Ambassador Craig Murray in Uzbekistan in October 2004, when his criticism of that government’s rights record was initially supported from London, but his subsequent

8 In the United States, all appointments at the federal level at and above the

rank of assistant secretary of state, and the appointment of envoys abroad, need congressional concurrence, which further brings politics into the high appointments.

consorting with opposition groups, and leaking of his views to the media, led to his recall9). Secretary of State Condoleezza Rice put

forward the interventionist notion of “transformational” diplo- macy in 2005, but the successor US administration of Barack Obama seems to have retreated from the manipulation of foreign states implicit in that notion.

Foreign ministry professionals have to factor the domestic political impact into their actions; in the British Foreign Offi ce, every proposal that goes to the minister must assess the likely public impact. Professionals fi nd themselves mobilized in support of the political agendas at home. In Canada, Japan, and the United Kingdom, envoys attending annual conferences are asked to speak to public audiences in different towns on the country’s foreign policy—we may call this public outreach, but it is also a form of political support for the government. Envoys have to consider reaching out to home political constituencies in building support for their work; in India, it is customary for envoys assigned to key foreign capitals to call on leaders of opposition parties, for two- way dialogue on their tasks.

The ICT Revolution

Information technology and communications (ICT) has impacted strongly on diplomatic systems, bridging to some extent the dis- tance syndrome that dominates the diplomatic networks. One consequence: the relationship between the foreign ministry and

9 Murray initially was applauded by the British FCO for his vigorous cham-

pionship of the need to improve human rights in Uzbekistan, and cited in HR surveys. But when he questioned the wisdom of treating that government as an ally in the war against terrorism, and went public with his criticism of us- ing information gathered from suspected terrorists by use of torture by the Uzbek government, he was recalled. Charges of personal misconduct were also leveled against him in a very public showdown, heavily reported in the British media. Developments in 2005 in Uzbekistan have borne out the truth of his warnings.

the embassy abroad is much closer, and the bilateral embassy has

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