State Secretary Winkler, Ladies and Gentlemen, dear friends.

I was very pleased to be invited to participate at this Austrian-Norwegian conference on international security and the rule of law, at the outset of the Austrian presidency of the European Union.

In 2005 Norway marked 100 years of independence. The centennial anniversary provided ample opportunity to reflect on our place in the world.

After the peaceful dissolution of the Union with Sweden, Norway initially emerged as a small and relatively powerless state surrounded by the great powers of the day, including Russia, the United Kingdom and Germany. This contributed to the strong and consistent Norwegian focus on peaceful settlement of disputes and the strengthening of international institutions. We were active in the ill-fated League of Nations, and towards the end of the Second World War, Norway became one of the founding fathers of the UN. Trygve Lie, our foreign minister and chief negotiator at the 1945 San Francisco conference, became the world body’s first Secretary General.

Norway’s fundamental security policy objectives remain essentially constant. However, the transformed international framework and our evolving risk assessments have made it necessary to develop these objectives, in order for them to retain their relevance.

One key objective is to contribute to peace, stability and the further development of the international rule of law. The promotion of multilateralism as the preferred framework for meeting international challenges is an important part of this. The Norwegian government therefore strongly prefers directing our international efforts through multilateral cooperation and formal multilateral frameworks rather than, for instance, ad-hoc “coalitions of the willing”.

This strong small-state focus on the rule of law combines self-interest and value-based internationalism.

For instance, the development of the Law of the Sea has proven beneficial and important for Norway as a coastal state. It proved that a small state can benefit from international legal mechanisms to safeguard its interests. It was legal arguments, not the use of force, which gave us economic control over waters that are more than six times the size of our land territory. However, such laws were not created in a void - they were made possible by an international order that continues to rest on a strong legal foundation.

It must not be forgotten that small states can make significant contributions on the international arena - as we saw during the “Oslo process” in relation to the peace efforts in the Middle East. For a small state, diplomacy is very much about finding ways to “punch above its weight”. Norway is active in a series of peace negotiations world-wide. While we do this to make a contribution to peace and human progress, we also find that it makes us a relevant and interesting partner to key players in international politics, including the European Union and the United States.

Norway believes not only in multilateralism per se, but in effective multilateralism. The purpose of international cooperation should not be limited to maintaining status quo, but should also set a transformative agenda for constructive change and the strengthening of universal values, such as the rule of law and securing basic human rights. This requires effective multilateral structures that are tailored towards actively promoting progressive change, in the form of peace, stability, and development.

Today’s world is one of unparalleled interconnections, open borders, networks and interdependencies. Consequently, we cannot separate the domestic and international aspects of security and law.

There are two organisational foci of our stress on multilateralism: the UN and NATO. Whereas the UN defines the overarching global framework, NATO remains a cornerstone in our efforts to secure Norway and Norwegian security interests.

Our membership in NATO is based on the inherent right to (collective) self-defence enshrined in the UN charter’s article 51. Hence, there is no contradiction between our pursuit of collective security through the UN as a long-term goal, and preparing for collective defence through NATO.

Increased emphasis on the UN as the foundation for world order and respect of law, together with parallel regional efforts, will strengthen multilateralism and promote the common application of the rule of law. When the Cold War stalemate came to an end, high hopes were invested in the UN. But by the middle of the last decade the UN experienced a series of setbacks in it peacekeeping role. This was most dramatically illustrated by cases like Rwanda and Srebrenica. Neither mandates, resources, rules of engagement or political will were tailored to meet the increasing ambitions and expectations invested in the UN.

Over the last years, however, the UN has addressed the challenge of turning itself into a more effective actor on the world arena. Its recent efforts, not the least in Africa, suggests a rapidly increasing success rate. It also proves the UN’s ability to implement new ideas; particularly achieving better integration between the political, military, humanitarian and developmental efforts in UN integrated missions and multifunctional peace building. These innovative approaches also aim at strengthening the overall strategic leadership of complex peace operations.

The development and revitalisation of the UN have proven to be of pivotal importance in our common effort to address security and development challenges. In this we may recall the UN Summit text focusing on the “responsibility to protect”, the establishment of a Human Rights Council and the new Peace Building Commission.

Regional efforts, as envisaged in the UN charter’s chapter VIII, are an increasingly important part of this picture. Regional cooperation and efforts will most likely strengthen the UN’s ability to operate as an effective multilateral organisation.

The EU’s development into a strong regional integration project with global links is a case in point. Clearly, Europe is well qualified to promote and live by the idea of regionalism. This is true not only for the protection of basic human rights, but also for the increasing European efforts in turning the UN into an organisation that is able to meet international crises and challenges. The EU is a major contributor to the UN, and it has also made important contributions to the revitalisation of the world organisation.

Norway is not a member of the EU, but we see ourselves as “the most connected outsider” to the Union. As such, Norway will continue to back the EU’s efforts to support the UN with both civilian and military resources. It is of particular importance to increase the focus on the harmonization of the global economic instruments; this appears to be one of the pending tasks of reform in a century increasingly marked by globalization.

The starting point of any evaluation of the implementation of international law is found in the UN Charter and related customary law. Particular focus must be given to article 2(4) of the UN Charter, which states;

“all members shall refrain in their international relations from the threats or use of force against the territorial integrity or political independence of any state or in any manner inconsistent with the Purposes of the United Nations”.

The importance of this article is not only that it imposes legal obligations upon states. It also provides a change to the earlier thinking of Just War as a legitimate basis for the use of force between states. Two exceptions to the ban on the use of force are built into the Charter. The first is the right of the UN Security Council to address threats to international peace or acts of aggression, as given in Chapter VII of the UN Charter. The other exception is the clear statement of any states “inherent right for individual or collective self-defence”.

The Norwegian Government has made it clear that beyond self-defence or invitation from the parties to a conflict, an explicit UN mandate is required for Norwegian participation in international operations. We consider the UN Charter and applicable customary law not only to be proper tools for Norwegian involvement abroad, but also suited to serve as a starting point for other treaty instruments dealing with international security.

In a strong and healthy society, the rule of law strikes a balance between the rights and freedoms of the individual on the one hand, and the interests of society as a whole on the other. It enshrines the principle of ‘one law for all’ - with no one standing above the law. It is in this balance that we see the principles of democracy and transparency walking hand in hand with the principles of justice.

The importance of this balance is highlighted through recent examples from Guantanamo, Abu Ghraib and so-called secret sites.

These cases illustrate how a possible weakening of long-established principles of human rights and the Geneva Conventions easily become counterproductive in the struggle for a peaceful world order, free from terrorism.

We may live in difficult times, but so did previous generations. Internationally agreed principles must be adhered to at all times. Our collective experience in this field is that declaring a mental and legal ‘state of exception’ in order to handle a specific challenge, may lead us in a very negative and unpredictable direction. Furthermore, it is of particular importance that key Western players themselves adhere to and uphold the rules that we encourage others to accept.

The dramatic events of September 11 raised our awareness of the possibility that we may all become the target of, or subject to the consequences of, terrorist attacks.

However, in our pursuit to combat terrorism, we must be careful not to compromise the very values we aim to protect and promote. To quote the UN Secretary-General, Mr. Kofi Annan:

"There is no trade-off to be made between human rights and terrorism. Upholding human rights is not at odds with battling terrorism: on the contrary, the moral vision of human rights - the deep respect for the dignity of each person - is among our most powerful weapons against it. To compromise on the protection of human rights would hand terrorists a victory they cannot achieve on their own. The promotion and protection of human rights, as well as the strict observance of international humanitarian law, should, therefore, be at the centre of anti-terrorism strategies."

The aim should and must be to involve all states in a collective enterprise based on the rule of law. At all times, states should make common efforts to minimise or to eliminate external threats to all, wherever they may occur. This may involve sending military forces and other personnel to faraway places in order to establish basic security. This is essential in order to effectively hinder the spread of a conflict or a threat. To succeed, such foreign military engagements should be conducted in an integrated manner, in order to meet the full range of challenges in a post conflict scenario.

In order to facilitate effective international cooperation, the goal should be to create a common legal foundation and greater harmonisation of states efforts in developing legal instruments. Emphasis should also be placed on the dissemination of examples of best practice.

This can only be achieved if the state promotes universal values, is governed by the rule of law and if that state is capable of, and willing to, respond in a flexible and imaginative way to new external security challenges. They must do so, however, without compromising their democratic orientation or obligations under international law.

In order to improve our ability to deal with the challenges ahead, it is important that states share experiences and exchange views on the many aspects of international law. This is of particular importance in the face of security challenges that require a continuous reassessment of policies and applicable legal instruments. In this context, conferences such as this one are both important and useful.

Therefore, let me take this opportunity to thank the Austrian Government, the Norwegian Embassy in Vienna and the Austrian Institute for International Affairs for hosting this conference. The topics on the agenda provide excellent starting points for further debate, and I am certain the conference will be a great success.

Thank you for your attention.