Sunday Times 2
Foreign policy: In search of the equilibrium
The author also stresses the need for flexibility and policy space in foreign policy decision-making and states;
“Space should always be kept open for manoeuvre, which will create opportunities for tactical decisions……….” and cautions, “A foreign policy that finds itself in a situation where there is no more opportunity for choice and where there is no longer a chance to make a tactical retreat as a result of changed circumstances, a changed balance of power, etc, has fallen victim to a flawed decision-making process.”
In this regard the author also cautions against the making of what he refers to as ‘definitive decisions and categorical positions’ by persons entrusted with the task of foreign policy making, particularly at the high political levels. Such statements and declarations, the author points out, not only lead to problems in relations with other countries, but also lead to problems domestically, especially where, having generated expectations, they do not produce the desired results. All these factors have the effect of reducing the space for flexibility in the implementation of foreign policy.
Negotiations as a means of Foreign Policy
The author’s treatment of the aspect of diplomatic negotiations as a means of foreign policy is both comprehensive and incisive, given his own extensive experience in the engagement of such negotiations at critical stages of Slovenia’s recent political history.
In emphasising the fact that as a rule, an agreement reached by negotiations is a compromise, the author contends that the process involves a careful balancing of preserving one’s own national interests on the one hand and making concessions to the other party in specific areas, without jeopardising such national interests. In other words, ‘a give and take approach’.
He states, ” It is almost always necessary to give concessions to the other side, in which case, at least part of its expectations should be met, in order to obtain what is crucial for one’s own country. Naturally, there should be no infringement of one’s strategic or national interests”. This is a fine line that a negotiator has to tread, to maintain domestic credibility and poses a considerable challenge to even the most seasoned negotiators.
In working towards a mutually acceptable solution through negotiations, the author cautions against engaging in what is referred to as ‘positional negotiations’, which are characterised by the negotiating parties entering negotiations with the sole objective of promoting, defending and justifying their respective positions. He points out that absent the element of ‘give and take’ such negotiations are usually condemned to failure. As the author states;
“Positional negotiations are in most cases,negotiations of the deaf. Any departure from one’s own position is perceived as a failure, as a defeat, a ‘betrayal of national interests ‘, having consequences in public opinion and on the internal political scene. The misfortune of positional negotiations lies in the parties’ becoming prisoners of their own positions….”
In contrast to ‘positional negotiations’ are what the author refers to as ‘interest negotiations’, which are characterised by the negotiating parties entering into negotiations with the objective of identifying the compatibility and incompatibility of their respective interests, and through such a process, identify their common interests, and ultimately achieve a consensus, that is acceptable, to both parties.
The author further points out that in the case of lengthy negotiations, ‘positional negotiations’ and ‘interest negotiations could interact and transverse from one to the other .Such had been the case in long drawn out negotiations between Slovenia and Croatia, concerning the determination of their respective Territorial Waters, which for the most part had assumed the form of ‘positional negotiations’ and therefore proved to be unproductive.
In assessing the role of negotiations as a means of foreign policy, the author also deals with the complex issue of striking a careful balance between the imperative of keeping the public and the media informed of what is taking place in the negotiating process,the requirements of transparency, and at the same time ensuring that over-exposure does not result in jeopardising the negotiating process.
The author takes the view that diplomatic practice has confirmed that negotiations which take place away from the public eye, what is referred to as ‘quiet diplomacy’ are generally more successful than negotiations that are the subject of media attention. The author concedes that generally, the public is kept informed at the beginning of negotiations,about the important stages of the negotiations, and ex post facto, on the most sensitive aspects of the negotiations. On the latter, the author points out, if done in advance. it could seriously jeopardise the negotiating process. This is, no doubt a matter of fine judgement, that must be made taking all contending factors and the prevailing domestic political environment into account.
In the author’s view, once agreement has been reached,the manner in which it is presented to the public of the respective countries, is also an important aspect of the success or otherwise of inter State negotiations. Over enthusiasm and claims of victory on one side, could trigger a public outcry in the other,resulting in a rejection of the deal. This had been the case in Slovenia, when Slovenian claims of victory over the Dronvsek- Recan Agreement had led to its rejection in the Croatian Parliament. The author suggests that when agreement is reached and not yet presented to the public, the parties could consider for instance that a third party, an intermediary present it to the public,as his own, well balanced proposal. The author concludes that; “This may provide more credibility and acceptability for any compromise that might otherwise be difficult for public opinion to accept on one or both sides.” This again is a matter of careful judgement, as such an option on an emotionally charged sensitive issue,with considerable domestic political fall-out, could have its own pitfalls, and much would depend on the circumstances of each situation.
Decision-making process in foreign policy
In examining the decision making process in foreign policy, the author expresses a range of views regarding the personal qualities required of a Diplomat, to ensure the successful implementation of foreign policy. He makes extremely pertinent observations on the elements of truthfulness, trustworthiness and credibility, as those qualities which ensure the desired success of diplomacy. In today’s world of information, he points out, false information and false promises, lead to certain failure. “The definition of “Diplomacy” attributed to Talleyrand -’ diplomacy is to lie and deny’- is totally outdated in contemporary international relations.”
Apart from the importance of preserving these elements to sustain credibility in inter-State relations, the author also points to another vital dimension of the elements of ‘truthfulness’ and ‘credibility’ in diplomacy, namely, the internal dimension, involving the relationship between an Ambassador, on the one hand and the Ministry of Foreign Affairs of the State he represents, including his political superiors, on the other.
The dilemma faced by a Diplomat in conveying ‘bad news’ to his own Ministry of Foreign Affairs and his political superiors, is not an easy one. Difficult situations could arise when such ‘bad news’ relates to his own failures in the discharge of his diplomatic functions or it relates to the consequences of initiatives or positions taken by his political superiors. The author emphasises in unmistakeable terms the obligation devolving on an Ambassador in such difficult situations, to report without embellishment, without omitting what is bad and to discharge his responsibilities dispassionately. In his words:
“An experienced and intelligent head of mission, someone who is a personality, both intellectually and in terms of character, will report in accordance with the facts,even though he knows that the message may cause displeasure among his superiors. A head of mission who lacks those personal qualities will omit or embellish the bad part of the news. This is the worst and most damaging side of the Diplomat’s work-but sadly occurs time after time. Therefore it is necessary to cultivate truthfulness consciously….and reject opportunism and an ever present tendency to embellishment in diplomatic reporting”
The invaluable message contained in these pertinent observations on the preserving of credibility and truthfulness in diplomatic reporting, cuts across political and geographical boundaries,and it is crucial that small Sates in particular, inculcate these values as part of the diplomatic training imparted to their officers.
In the effective conduct of diplomacy, the author also underlines the paramount importance of a diplomat’s convincing arguments and the power of his personality. He points out that this is particularly true of diplomats of small countries, behind whose words and arguments do not stand military, economic,financial or any other power. As the author puts it, ” Behind the words of diplomats of small countries stand no more and no less than the persuasiveness of their arguments and their personality. This is the only ‘power ‘ they hold.”
Features of foreign policy of small and new states.
The author devotes a chapter to discuss the features of foreign policy of small and new States, drawing from his own national and regional experience. The key features he identifies in the treatment of this aspect, are, however, of universal application and of relevance to all States.
From the perspective of foreign policy objectives of small countries, the author underlines the importance of a suitable choice of foreign policy objectives, in order to achieve their security. A cornerstone of such a choice, is the establishment of good and stable relations with its neighbours and acceding to appropriate alliances.
While underlining the importance of the establishment and maintenance of good neighbourly relations, the author also adverts to the dilemma confronting small countries in finding ‘reliable friends’. The authors own prescription is that “the best and the most reliable ones are those which clearly have no outstanding interests in the region of the small country, that would be inconsistent with the interests of the small country”.
This line of thinking however would appear to underestimate the regional tensions that could arise, where a small country seeks to cement friendships and alliances with countries outside the region, or extra-regional alliances. The clear need in such situations is for a careful considered foreign policy choice which balances the contending sensitive factors involved. As the author points out “naivety and credulity can be particularly fatal for the foreign policy of small countries.”
The author utilises the Chapter on the ‘Features of Foreign Policy of Small and New States’ to underline some of the ‘fundamentals’ in the conduct of foreign relations by these States. These range from the importance of values and principles in the formulation and conduct of foreign policy, to the imperative need for a high degree of professionalism by the Ministries of Foreign Affairs and the Diplomatic Service, entrusted with the task of implementing foreign policy.
On the former, value-based diplomacy, the author makes the following perceptive observation, which should apply as a general principle of conduct for all countries, although its particular relevance to small countries, as pointed out by the author is a valid observation. As the author observes;
“The proper balance between principles and pragmatism in foreign policy is one of the issues relevant to all countries. It is harmful, especially for a small country, if otherwise necessary pragmatism in foreign policy, degenerates into lack of principles. In international life large countries are seen and treated as serious and important partners even if their actual conduct is contestable and unprincipled. This is not so in the case of small countries.
They can gain serious consideration, respect and trust in international relations only by pursuing an active and principled foreign policy. By making cheap promises, by being guided by whim, rather than value based views and assessments, by failing to comply with existing arrangements, and by refusing to co-operate, they can easily ruin their own reputations. This is even more likely if their foreign policy activities deviates from the values and principles which they proclaim.”
What these pertinent observations underline, are the perils of short-sighted policies to gain a short-term advantage, perhaps due to domestic pressures, which, in the long-term could jeopardise the vital national interests of a country. While the current international environment and the conduct of major players do not represent an epitome of moral behaviour, nevertheless, the importance of value-based diplomacy cannot be overemphasised.
The author points out that the conduct of value-based diplomacy, requires in turn, a professional,well-trained diplomatic service. In highlighting the important role of a professionally managed Ministry of Foreign Affairs and a Diplomatic Service with qualified personnel with the requisite skills to implement the foreign policy of a country, he deals with a range of practical aspects, such as the selection process, career progression, need for objective assessment of work and the need for professional integrity, which all combine to ensure the successful implementation of foreign policy. In the words of the author;
“Top-quality education of employees in the diplomatic services (in small countries in particular) is vital for two reasons. Firstly, it is important because only a well-educated and professionally irreproachable diplomat can resist a tendency to improvise and the opportunistic tendency to report according to the expectation of his superiors. Only diplomats, particularly heads of missions, with the necessary professional ‘spine’ , strengthened by education and experience, can withstand false judgements in their own ministry and where necessary, even confront them.”
As the author pertinently argues, it is only through qualified diplomatic personnel and an elite diplomatic service, that a small country can at least partially compensate for the deficit of other foreign policy means. The quality assurance process starts with selection of candidates to work in the Ministry of Foreign Affairs, with necessary background in contemporary international relations, International Law, foreign languages etc. Similarly, he asserts that career progression should be based primarily on the assessment of employees, both in the Ministry of Foreign Affairs and in the Diplomatic and Consular Missions abroad, and their willingness to undertake additional training at post-graduate level and various other forms of education and training.
Accordingly, the author strongly cautions, that especially in small countries, advancement in the diplomatic service should not depend on one’s political affiliation, personal connection and support etc.
“In a small country where everybody knows everybody, serious negative consequences can ensue if employees discover that their progress does not depend on their work, education etc, but on opportunity, on the people with whom one associates etc. For the diplomatic services of a small country, where familiarity is inevitable, utmost importance should be given to the objective assessment of the work of diplomats…….Diplomatic service in small countries should not be a closed shop or an open hunting ground of political parties and those who hope to pursue a diplomatic career by taking short cuts. It must be in principle open to all candidates who are qualified and willing to work hard…..”
On the need for professionalism and in ensuring ‘quality diplomats, the author also addresses the vexed and much debated question, the equation of ‘career diplomats’ vs, ‘political appointees’. He observes that the appointment of Ambassadors is a ‘sensitive issue’ for any country, much more for a small one, and states, that “there is no country in which most ambassadors do not hail from the ranks of career diplomats, but there are many countries which also name ‘political ambassadors’……for important ambassadorial posts.”
The author makes the perceptive observation that reducing the choice to one between a career diplomat and a political ambassador, is “erroneous and can be particularly irrational for a small country”. Far more important is the question of how to ensure the selection of ambassadors, from among professionally trained candidates -”in short, personalities, and how to avoid ambassadorial appointments based on political and other connections….”
Underlining the fact that professionalism and experience in diverse sectors must be the predominant criteria in the selection process, the author makes the point that even career diplomats may be outmatched by successful eminent personalities from industry, academia, or politics “who have already dealt with international issues, are cosmopolitan, and have through the results of their work, earned noteworthy social and professional reputations.”
The prescription being made by the author to this vexed question is that it would be unwise if the Diplomatic Service of a small country is operated on a ‘closed shop’ policy, limiting the choice to career diplomats, thus cutting off from the selection process qualified personalities, from ‘intellectual centres’ that deal professionally with international issues, outside the Ministry of Foreign Affairs. The challenge lies in striking that delicate balance between the two categories, on a strict need basis, without leading to a sense of frustration within the professional cadres. This is a challenge that confronts all countries, in particular, small ones.
Dr. Rohan Perera, a retired Sri Lanka Foreign Service diplomat, is an International Legal Consultant. He was also a member, International Law Commission (2007 - 2011)
The author’s emphasis on the need for professionalism in diplomacy, is rooted in his thesis that the ultimate purpose of diplomatic activities is to have an influence on the thoughts and behaviour of those in a foreign country who make decisions on matters relevant to the sending State of the diplomat. He opines, “The success of diplomatic persuasion relies on knowledge, persuasiveness, argument and credibility – and this matters most to diplomats of small countries who have neither economic or military power to prop up their words.”
The author also emphasies in this regard the need for the professional diplomat to pierce the intellectual and social elite of the country of his accreditation, going beyond the immediate circle of the foreign policy bureaucracy of that country, for the reason that, “the attention and affection which a small country receives from the political, economic and cultural elite, i.e. the intellectual elite of the host country are a guarantee that similar attitudes will also be shown by the state authorities”.
The clear message of the author for the formulation and implementation of foreign policy of small countries is the imperative need to have clearly defined long-term strategic objectives that are to be executed by a highly professional diplomatic service. On this, any compromise, would be at peril to the long term national interest of the State. If the author is to have the last word:-
“The strategic objectives of a small State are not necessarily written in a formal document, but these strategic goals should be experienced and supported by broad national consensus that is rooted in the hearts and minds of statesmen, diplomats and people alike…..If a country is unable to reach consensus on important foreign policy decisions, it will not be able to live up to its responsibilities. In small countries in particular, disunity and mistaken strategic foreign policy decisions, can lead to foreign policy defeats, while in international crisis situations they may endanger the very security and existence of the State. Mistaken strategic decisions and internal disunity are harmful for any country, but for a small one, it can be fatal”.
This central thesis of the work of Dr. Ernst Petric drawing from his vast experience as a diplomat, lawyer and professor, gathered through turbulent times in the political history of the Balkans, has universal validity across geographical and political boundaries, and makes ‘Foreign Policy: From Conception to Practice’ a significant contribution to the literature on Foreign Policy and Diplomacy and a valuable guide to the practitioner, teacher and student of international relations alike.
Book facts
Foreign Policy: From Conception to Practice – by Dr. Ernest Petric
Dr. Petric
About the author:
Dr. Ernest Petric is the President of the Constitutional Court of the Republic of Slovenia and a Professor of International Relations at the University of Ljubljana. He has had a distinguished career as a diplomat having served as ambassador in New Delhi, Washington, Vienna and as ambassador to the United Nations in New York.
Dr. Petric also served as Chairman of the International Law Commission (ILC) in 2009, having being elected in 2007 to that body, which is the principal legal organ of the United Nations. He continues to serve as a Member of the Commission.
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