It's a Climate Party

"Party" in the UN context refers to stakeholders who are active parts of the negotiations. All parties are equal but some parties are more equal than others. This Article explains who makes international laws, in climate and otherwise

4 min read

selective focus photography of assorted-color balloons
selective focus photography of assorted-color balloons

In international law negotiations, a "party" is an official participant, often a state or organization, that has the authority to represent its interests and negotiate within the rules set by the convening framework or institution. The role of each party is significant; they shape the outcome of agreements, set the terms of cooperation, and ultimately, influence the application of international policies and frameworks.

The Role of a Party in International Negotiations

A party to an international negotiation is typically defined as any country, regional organization, or entity with a vested interest and the capacity to engage in the negotiation. The exact qualifications for being a party vary depending on the negotiation's context. The United Nations Framework Convention on Climate Change UNFCCC has specific criteria that determine which nations or organizations qualify as parties. These qualifications ensure that only legitimate representatives with decision-making authority participate in negotiations, lending credibility and enforceability to the agreements made.

Being a party involves not only attending negotiations but also actively contributing to discussions, proposing and responding to resolutions, and, in some cases, signing binding agreements. Parties are also responsible for implementing the agreements within their jurisdiction. This role goes beyond representation and includes ensuring the practical execution of negotiated terms. In climate negotiations, parties to the Paris Agreement commit to submitting and updating their Nationally Determined Contributions (NDCs), aligning national policies with their international pledges.

Key Stakeholders in International Negotiations

In international negotiations, parties are rarely monolithic actors; rather, they are often influenced by a variety of internal and external stakeholders. These stakeholders play a significant role in shaping the negotiation positions, strategies, and, ultimately, the agreements reached.

  1. National Governments and Agencies: At the forefront of international negotiations are national governments, represented by diplomats, ministers, or heads of state. Within each government, various ministries or agencies often influence the negotiation stance. For example, in climate negotiations, the Ministry of Environment, the Ministry of Energy, and sometimes even the Ministry of Finance collaborate to form the national position. Agencies within the government, such as environmental protection bodies or trade commissions, may also provide expertise or policy directives that inform their nation's stance.

  2. International Organizations: Bodies like the United Nations, the World Trade Organization (WTO), and the International Atomic Energy Agency (IAEA) play crucial roles in facilitating negotiations and, in some cases, act as parties themselves. These organizations provide a platform for negotiations, create a standardized set of rules, and monitor compliance. They can influence the agenda, offer technical expertise, and provide data and assessments to guide discussions. For instance, the UNFCCC acts as the secretariat in climate negotiations, offering logistical support and ensuring all parties adhere to agreed-upon frameworks.

  3. Non-Governmental Organizations (NGOs): NGOs are vital stakeholders in international negotiations, especially in areas like climate change, human rights, and public health. They represent civil society interests, offering alternative perspectives and advocating for marginalized groups. While NGOs are not always official parties, they can influence negotiations by participating in side events, issuing position papers, and lobbying official parties. Environmental NGOs pressure governments to adopt ambitious targets for reducing carbon emissions. Some NGOs also form coalitions to amplify their voice and enhance their impact on the negotiating process.

  4. Private Sector and Industry Groups: In negotiations where economic and trade implications are significant, private sector stakeholders have a substantial impact. Industry representatives can influence national positions through lobbying and direct consultations with negotiators. Energy companies, agricultural corporations and technology firms push for policies that align with their business interests, advocating for provisions that protect their investments and ensure market access. The private sector’s involvement is particularly visible in negotiations related to international trade, where business associations and multinational corporations work to secure favorable terms.

  5. Indigenous and Local Communities: In negotiations related to environmental issues, indigenous groups and local communities often emerge as critical stakeholders. They advocate for the protection of their lands, resources, and traditional practices, emphasizing the need for sustainable and equitable policies. Indigenous communities are particularly influential in climate negotiations, where they demand recognition of their rights to land and resources, pushing back against projects that threaten their ecosystems. While indigenous communities are not always formal parties, their advocacy has led to frameworks that ensure their participation and consultation, such as the Local Communities and Indigenous Peoples Platform (LCIPP) within the UNFCCC.

  6. Scientific and Academic Communities: In negotiations that involve complex technical issues, such as climate change, nuclear energy, or cybersecurity, the scientific and academic communities are indispensable stakeholders. These experts provide the evidence base and projections that inform decision-making, helping parties understand the long-term implications of their policies. For instance, in climate negotiations, reports from the Intergovernmental Panel on Climate Change (IPCC) shape the urgency and direction of talks, providing a scientific basis that parties rely on to set emission targets and timelines.

  7. Youth Movements and Civil Society: In recent years, youth movements have become powerful stakeholders in international negotiations, particularly in climate discussions. Young activists demand urgent action from negotiators and challenge the status quo, highlighting the intergenerational impacts of today’s decisions. Groups like Fridays for Future and the UN Youth Constituency (YOUNGO) have successfully pushed for the inclusion of youth voices in climate talks. While they may not hold official party status, their advocacy has led to greater transparency and accountability in negotiations.

Dynamics of Stakeholder Influence on Parties

Each stakeholder category brings unique interests and expertise, which parties must consider as they shape their negotiation positions. The extent of stakeholder influence varies depending on the issue at hand, the negotiation's formality, and the stakeholder’s resources or public support. For example, in climate negotiations, parties are often more responsive to NGOs and scientific bodies because of the strong public interest in environmental sustainability. Conversely, in trade negotiations, private sector stakeholders may have more sway due to the economic implications of trade agreements.

Stakeholder influence is also shaped by the negotiation framework. In more transparent frameworks, such as those facilitated by the UN, stakeholders may have opportunities to provide input through public consultations, side events, and observer status. In more closed forums, however, stakeholder influence is limited to informal lobbying and direct engagement with government representatives.