IDEAS home Printed from https://ideas.repec.org/a/spr/revint/v8y2013i2p163-191.html
   My bibliography  Save this article

Non-compliance by design: Moribund hard law in international institutions

Author

Listed:
  • Christopher Marcoux
  • Johannes Urpelainen

Abstract

States often create international institutions that impose legally binding rules on member states, and then do not even attempt to enforce these rules. Why? In this article, we present a game-theoretic model of moribund hard law in international institutions. We show that if some states face domestic pressure to negotiate a hard law treaty, their incentive to insist on hard law in the negotiations is maximized when less enthusiastic states expect that the hard law will probably not be enforced. Domestic proponents of hard law reward states for negotiating a hard law treaty, while states that oppose hard law can accept it because they expect no enforcement. As a form of informal governance, moribund hard law allows non-compliance by design. Copyright Springer Science+Business Media New York 2013

Suggested Citation

  • Christopher Marcoux & Johannes Urpelainen, 2013. "Non-compliance by design: Moribund hard law in international institutions," The Review of International Organizations, Springer, vol. 8(2), pages 163-191, June.
    • Handle: RePEc:spr:revint:v:8:y:2013:i:2:p:163-191
    DOI: 10.1007/s11558-012-9157-6
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s11558-012-9157-6
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s11558-012-9157-6?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Young, Oran R., 1989. "The politics of international regime formation: managing natural resources and the environment," International Organization, Cambridge University Press, vol. 43(3), pages 349-375, July.
    2. Stasavage, David, 2004. "Open-Door or Closed-Door? Transparency in Domestic and International Bargaining," International Organization, Cambridge University Press, vol. 58(4), pages 667-703, October.
    3. Lars H. Gulbrandsen & Steinar Andresen, 2004. "NGO Influence in the Implementation of the Kyoto Protocol: Compliance, Flexibility Mechanisms, and Sinks," Global Environmental Politics, MIT Press, vol. 4(4), pages 54-75, November.
    4. Christopher Marcoux & Johannes Urpelainen, 2012. "Capacity, not constraints: A theory of North-South regulatory cooperation," The Review of International Organizations, Springer, vol. 7(4), pages 399-424, December.
    5. Stone, Randall W., 2008. "The Scope of IMF Conditionality," International Organization, Cambridge University Press, vol. 62(4), pages 589-620, October.
    6. Price, Richard, 1998. "Reversing the Gun Sights: Transnational Civil Society Targets Land Mines," International Organization, Cambridge University Press, vol. 52(3), pages 613-644, July.
    7. Steinberg, Richard H., 2002. "In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO," International Organization, Cambridge University Press, vol. 56(2), pages 339-374, April.
    8. Mitchell, Ronald B., 1994. "Regime design matters: intentional oil pollution and treaty compliance," International Organization, Cambridge University Press, vol. 48(3), pages 425-458, July.
    9. Von Stein, Jana, 2005. "Do Treaties Constrain or Screen? Selection Bias and Treaty Compliance," American Political Science Review, Cambridge University Press, vol. 99(4), pages 611-622, November.
    10. Downs, George W. & Rocke, David M. & Barsoom, Peter N., 1996. "Is the good news about compliance good news about cooperation?," International Organization, Cambridge University Press, vol. 50(3), pages 379-406, July.
    11. Stine Aakre & Jon Hovi, 2010. "Emission trading: Participation enforcement determines the need for compliance enforcement," European Union Politics, , vol. 11(3), pages 427-445, September.
    12. Adil Najam, 2005. "Developing Countries and Global Environmental Governance: From Contestation to Participation to Engagement," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 5(3), pages 303-321, September.
    13. Stone, Randall W., 2004. "The Political Economy of IMF Lending in Africa," American Political Science Review, Cambridge University Press, vol. 98(4), pages 577-591, November.
    14. Smith, James McCall, 2000. "The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts," International Organization, Cambridge University Press, vol. 54(1), pages 137-180, January.
    15. Kydd, Andrew, 2000. "Trust, Reassurance, and Cooperation," International Organization, Cambridge University Press, vol. 54(2), pages 325-357, April.
    16. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    17. Sell, Susan K., 1995. "Intellectual property protection and antitrust in the developing world: crisis, coercion, and choice," International Organization, Cambridge University Press, vol. 49(2), pages 315-349, April.
    18. Putnam, Robert D., 1988. "Diplomacy and domestic politics: the logic of two-level games," International Organization, Cambridge University Press, vol. 42(3), pages 427-460, July.
    19. 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.
    20. Lipson, Charles, 1991. "Why are some international agreements informal?," International Organization, Cambridge University Press, vol. 45(4), pages 495-538, October.
    21. 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.
    22. Koremenos, Barbara, 2005. "Contracting around International Uncertainty," American Political Science Review, Cambridge University Press, vol. 99(4), pages 549-565, November.
    23. Hafner-Burton, Emilie M., 2005. "Trading Human Rights: How Preferential Trade Agreements Influence Government Repression," International Organization, Cambridge University Press, vol. 59(3), pages 593-629, July.
    24. Dai, Xinyuan, 2005. "Why Comply? The Domestic Constituency Mechanism," International Organization, Cambridge University Press, vol. 59(2), pages 363-398, April.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Axel Dreher & Katharina Michaelowa, 2008. "The political economy of international organizations," The Review of International Organizations, Springer, vol. 3(4), pages 331-334, December.
    2. Christina Davis, 2015. "The political logic of dispute settlement: Introduction to the special issue," The Review of International Organizations, Springer, vol. 10(2), pages 107-117, June.
    3. Eugénia C. Heldt & Laura C. Mahrenbach, 2019. "Rising Powers in Global Economic Governance: Mapping the Flexibility‐Empowerment Nexus," Global Policy, London School of Economics and Political Science, vol. 10(1), pages 19-28, February.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Thomas Bernauer & Anna Kalbhenn & Vally Koubi & Gabriele Spilker, 2013. "Is there a “Depth versus Participation” dilemma in international cooperation?," The Review of International Organizations, Springer, vol. 8(4), pages 477-497, December.
    2. repec:got:cegedp:94 is not listed on IDEAS
    3. Johannes Urpelainen, 2011. "Early birds: Special interests and the strategic logic of international cooperation," The Review of International Organizations, Springer, vol. 6(2), pages 113-140, July.
    4. Bernauer, Thomas & Kalbhenn, Anna & Koubi, Vally & Ruoff, Gabi, 2010. "On commitment levels and compliance mechanisms: Determinants of participation in global environmental agreements," University of Göttingen Working Papers in Economics 94, University of Goettingen, Department of Economics.
    5. Gabriele Spilker & Tobias Böhmelt, 2013. "The impact of preferential trade agreements on governmental repression revisited," The Review of International Organizations, Springer, vol. 8(3), pages 343-361, September.
    6. Oliver Westerwinter & Kenneth W. Abbott & Thomas Biersteker, 2021. "Informal governance in world politics," The Review of International Organizations, Springer, vol. 16(1), pages 1-27, January.
    7. Mareike Kleine, 2013. "Knowing your limits: Informal governance and judgment in the EU," The Review of International Organizations, Springer, vol. 8(2), pages 245-264, June.
    8. Tim Büthe & Helen V. Milner, 2008. "The Politics of Foreign Direct Investment into Developing Countries: Increasing FDI through International Trade Agreements?," American Journal of Political Science, John Wiley & Sons, vol. 52(4), pages 741-762, October.
    9. Narayan Subramanian & Johannes Urpelainen, 2014. "Addressing cross-border environmental displacement: when can international treaties help?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 14(1), pages 25-46, March.
    10. Spilker, Gabriele, 2013. "The Impact of Preferencial Trade Agreements on Governmental Repression Revisited," Papers 553, World Trade Institute.
    11. Randall Stone, 2013. "Informal governance in international organizations: Introduction to the special issue," The Review of International Organizations, Springer, vol. 8(2), pages 121-136, June.
    12. Yoram Z. Haftel & Alexander Thompson, 2006. "The Independence of International Organizations," Journal of Conflict Resolution, Peace Science Society (International), vol. 50(2), pages 253-275, April.
    13. Tobias Böhmelt, 2022. "Environmental-agreement design and political ideology in democracies," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(3), pages 507-525, September.
    14. Inken Borzyskowski & Felicity Vabulas, 2019. "Hello, goodbye: When do states withdraw from international organizations?," The Review of International Organizations, Springer, vol. 14(2), pages 335-366, June.
    15. Maximilian S. T. Wanner, 0. "The effectiveness of soft law in international environmental regimes: participation and compliance in the Hyogo Framework for Action," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 0, pages 1-20.
    16. Maximilian S. T. Wanner, 2021. "The effectiveness of soft law in international environmental regimes: participation and compliance in the Hyogo Framework for Action," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 21(1), pages 113-132, March.
    17. Bernhard Reinsberg & Oliver Westerwinter, 2021. "The global governance of international development: Documenting the rise of multi-stakeholder partnerships and identifying underlying theoretical explanations," The Review of International Organizations, Springer, vol. 16(1), pages 59-94, January.
    18. Jana von Stein, 2008. "The International Law and Politics of Climate Change," Journal of Conflict Resolution, Peace Science Society (International), vol. 52(2), pages 243-268, April.
    19. Leonardo Baccini & Johannes Urpelainen, 2014. "Before ratification: understanding the timing of international treaty effects on domestic policies," LSE Research Online Documents on Economics 50278, London School of Economics and Political Science, LSE Library.
    20. Tobias Böhmelt & Edita Butkutė, 2018. "The self-selection of democracies into treaty design: insights from international environmental agreements," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(3), pages 351-367, June.
    21. Tanja A. Börzel & Tobias Hofmann & Diana Panke, 2011. "Policy Matters But How? Explaining Non-Compliance Dynamics in the EU," KFG Working Papers p0024, Free University Berlin.

    More about this item

    Keywords

    Informal governance; Hard law; Soft law; Treaty design; International bargaining; Game theory; Environmental agreements; F53; F55;
    All these keywords.

    JEL classification:

    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations
    • F55 - International Economics - - International Relations, National Security, and International Political Economy - - - International Institutional Arrangements

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:revint:v:8:y:2013:i:2:p:163-191. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.