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Flexibility provisions in multilateral environmental treaties

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  • B. Boockmann
  • Paul Thurner

Abstract

In international politics, intergovernmental treaties provide the rules of the game. Similar to private law, treaty designers face a trade-off between flexibility to adjust to unforeseen contingencies and the danger that the binding nature of the treaty and hence, the level of commitment by treaty members, is being undermined if the treaty can be amended too easily. In this paper, we address this problem in the analytical framework of institutional economics, drawing in particular on the incomplete contracts literature. Furthermore, we derive preliminary hypotheses and operational concepts for the measurement of flexibility in international treaties. Based on 400 treaties and supplementary agreements from the field of international environmental law, we provide new insights into the combined application of rules for adoption and entry into force of amendments, as well as provisions for conflict resolution and interpretative development. Using correspondence analysis, we show that treaty provisions can be represented in a two-dimensional property space, where treaties can be arrayed according to the degree of institutionalisation as well as along a flexibility dimension.
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  • B. Boockmann & Paul Thurner, 2006. "Flexibility provisions in multilateral environmental treaties," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 6(2), pages 113-135, June.
    • Handle: RePEc:spr:ieaple:v:6:y:2006:i:2:p:113-135
    DOI: 10.1007/s10784-006-9001-7
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    1. Hart, Oliver & Moore, John, 1990. "Property Rights and the Nature of the Firm," Journal of Political Economy, University of Chicago Press, vol. 98(6), pages 1119-1158, December.
    2. Aghion, Philippe & Dewatripont, Mathias & Rey, Patrick, 1994. "Renegotiation Design with Unverifiable Information," Econometrica, Econometric Society, vol. 62(2), pages 257-282, March.
    3. Thompson, Alexander, 2002. "Applying Rational Choice Theory to International Law: The Promise and Pitfalls," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 285-306, January.
    4. Jean Tirole, 1999. "Incomplete Contracts: Where Do We Stand?," Econometrica, Econometric Society, vol. 67(4), pages 741-782, July.
    5. Schmitz, Patrick W, 2001. "The Hold-up Problem and Incomplete Contracts: A Survey of Recent Topics in Contract Theory," Bulletin of Economic Research, Wiley Blackwell, vol. 53(1), pages 1-17, January.
    6. Grout, Paul A, 1984. "Investment and Wages in the Absence of Binding Contracts: A Nash Bargining Approach," Econometrica, Econometric Society, vol. 52(2), pages 449-460, March.
    7. Alan Schwartz, 2004. "The Law and Economics of Costly Contracting," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 20(1), pages 2-31, April.
    8. Giovannoni, Francesco, 2003. "Amendment Rules in Constitutions," Public Choice, Springer, vol. 115(1-2), pages 37-61, April.
    9. Rosendorff, B. Peter & Milner, Helen V., 2001. "The Optimal Design of International Trade Institutions: Uncertainty and Escape," International Organization, Cambridge University Press, vol. 55(4), pages 829-857, October.
    10. Hart, Oliver D & Moore, John, 1988. "Incomplete Contracts and Renegotiation," Econometrica, Econometric Society, vol. 56(4), pages 755-785, July.
    11. William P. Rogerson, 1992. "Contractual Solutions to the Hold-Up Problem," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 59(4), pages 777-793.
    12. Koremenos, Barbara, 2001. "Loosening the Ties that Bind: A Learning Model of Agreement Flexibility," International Organization, Cambridge University Press, vol. 55(2), pages 289-325, April.
    13. Alec Stone Sweet, 1998. "Rules, Dispute Resolution, and Strategic Behavior," Journal of Theoretical Politics, , vol. 10(3), pages 327-338, July.
    14. Klein, Benjamin & Crawford, Robert G & Alchian, Armen A, 1978. "Vertical Integration, Appropriable Rents, and the Competitive Contracting Process," Journal of Law and Economics, University of Chicago Press, vol. 21(2), pages 297-326, October.
    15. Schwartz, Alan & Watson, Joel, 2001. "The Law and Economics of Costly Contracting," University of California at San Diego, Economics Working Paper Series qt2wh8m7bv, Department of Economics, UC San Diego.
    16. Jolls, Christine, 1997. "Contracts as Bilateral Commitments: A New Perspective on Contract Modification," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 203-237, January.
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    Cited by:

    1. Agni Kalfagianni & Oran R. Young, 2022. "The politics of multilateral environmental agreements lessons from 20 years of INEA," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 245-262, June.
    2. Peter H. Sand & Jeffrey McGee, 2022. "Lessons learnt from two decades of international environmental agreements: law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 263-278, June.
    3. Benjamin Bagozzi, 2015. "The multifaceted nature of global climate change negotiations," The Review of International Organizations, Springer, vol. 10(4), pages 439-464, December.
    4. Andrea Gerlak & Jonathan Lautze & Mark Giordano, 2011. "Water resources data and information exchange in transboundary water treaties," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 11(2), pages 179-199, May.
    5. Christopher Marcoux, 2009. "Institutional Flexibility in the Design of Multilateral Environmental Agreements," Conflict Management and Peace Science, Peace Science Society (International), vol. 26(2), pages 209-228, April.

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