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A Theoretical Analysis of the International Multilateral Negotiations for Creating the Convention on Cluster Munitions

Kim Hyun 1

1경희대학교

Accredited

ABSTRACT

This paper aims to explain how and why the multilateral negotiations for creating the Convention on Cluster Munitions (CCM), which took effect on August 1, 2010, were successfully concluded by analyzing their process from the theoretical perspective of institutional bargaining model. It finds out that a humanitarian crisis resulting from inhumane harm to civilians caused by the indiscriminate use of cluster munitions in a series of military conflicts served as a crucial momentum to launch the negotiations for the CCM. It also finds that there were crucial factors for their successful conclusion, such as consensual knowledge, which was formed by the epistemic community, such as the Cluster Munition Coalition (CMC), the UN agencies, and the International Committee of the Red Cross (ICRC) about harmful and unacceptable effects of using cluster munitions; effective leadership exercised by Norway and the core group of pro-ban states in proceeding with the negotiations; the inclusion of salient solutions and effective compliance mechanisms in the CCM; and an incremental approach through which to deal with conflicting issues separatively and gradually. A close partnership between the core group of pro-ban states and such NGOs as CMC and ICRC, and the procedure of deciding on any matter of substance about the CCM by a two-thirds majority vote, rather than by consensus, served as additional factors that contributed to reaching an agreement on the CCM negotiations.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.