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The design of enforcement: Collective action and the enforcement of international law

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  • Leslie Johns

Abstract

International organizations (IOs) play a vital role in enforcing international law. I argue that collective-action problems and the design of legal-standing rules drive decisions about whether to enforce international law. When cooperation generates concentrated benefits—such as compensation for the expropriation of foreign investment—transnational standing can work well because the cost and benefit of enforcement are both fully internalized by the litigant. However, when cooperation generates diffuse benefits—like a cleaner environment—individuals and even governments have the incentive to free ride on enforcement, avoiding the cost of litigation in the hopes that another actor will step up. In such circumstances, supranational standing is necessary to uphold international law. Finally, hybrid regimes, which contain multiple forms of enforcement, are most needed when an IO has members that vary in their ability to enforce, or regulates issue areas that vary in their diffuseness.

Suggested Citation

  • Leslie Johns, 2019. "The design of enforcement: Collective action and the enforcement of international law," Journal of Theoretical Politics, , vol. 31(4), pages 543-567, October.
    • Handle: RePEc:sae:jothpo:v:31:y:2019:i:4:p:543-567
    DOI: 10.1177/0951629819875514
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    References listed on IDEAS

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    1. Goldstein, Judith & Kahler, Miles & Keohane, Robert O. & Slaughter, Anne-Marie, 2000. "Introduction: Legalization and World Politics," International Organization, Cambridge University Press, vol. 54(3), pages 385-399, July.
    2. Schill,Stephan W., 2014. "The Multilateralization of International Investment Law," Cambridge Books, Cambridge University Press, number 9781107636507, January.
    3. Bliss, Christopher & Nalebuff, Barry, 1984. "Dragon-slaying and ballroom dancing: The private supply of a public good," Journal of Public Economics, Elsevier, vol. 25(1-2), pages 1-12, November.
    4. Allee, Todd & Peinhardt, Clint, 2011. "Contingent Credibility: The Impact of Investment Treaty Violations on Foreign Direct Investment," International Organization, Cambridge University Press, vol. 65(3), pages 401-432, July.
    5. Noel Maurer, 2013. "The Empire Trap: The Rise and Fall of U.S. Intervention to Protect American Property Overseas, 1893-2012," Economics Books, Princeton University Press, edition 1, volume 1, number 9952.
    6. Staton, Jeffrey K. & Moore, Will H., 2011. "Judicial Power in Domestic and International Politics," International Organization, Cambridge University Press, vol. 65(3), pages 553-587, July.
    7. Abbott, Kenneth W. & Green, Jessica F. & Keohane, Robert O., 2016. "Organizational Ecology and Institutional Change in Global Governance," International Organization, Cambridge University Press, vol. 70(2), pages 247-277, April.
    8. Abbott, Kenneth W. & Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(3), pages 401-419, July.
    9. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "The Rational Design of International Institutions," International Organization, Cambridge University Press, vol. 55(4), pages 761-799, October.
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