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If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?

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  • Barbara Koremenos

Abstract

An examination of a random sample of international agreements that are conditional on four issue areas shows that only about one out of every two agreements has any dispute resolution provision. This observation begs for an explanation, and which half needs explaining depends on where one is sitting. Do power politics dominate international law, or does the law provide a fundamental order? Employing a rational choice framework, I focus on a set of independent variables that capture the cooperation problem being addressed by members to an agreement and put forth conjectures explaining the inclusion of dispute resolution provisions. Using newly collected data, I find that agreements that address complex cooperation problems, that is, problems characterized by uncertainty, prisoner's dilemma–like incentives to defect, and/or time inconsistency, are more likely to include such provisions. I therefore suggest that international law is quite efficient, with states not creating and/or delegating dispute resolution authority when it is unlikely to be needed.

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  • Barbara Koremenos, 2007. "If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 189-212, January.
    • Handle: RePEc:ucp:jlstud:v:36:y:2007:p:189-212
    DOI: 10.1086/509275
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    3. Adela Toscano-Valle & Antonio Sianes & Francisco Santos-Carrillo & Luis A. Fernández-Portillo, 2022. "Can the Rational Design of International Institutions Solve Cooperation Problems? Insights from a Systematic Literature Review," Sustainability, MDPI, vol. 14(13), pages 1-22, June.
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    5. Melissa Carlson & Barbara Koremenos, 2021. "Cooperation Failure or Secret Collusion? Absolute Monarchs and Informal Cooperation," The Review of International Organizations, Springer, vol. 16(1), pages 95-135, January.
    6. 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.
    7. Todd Allee & Manfred Elsig, 2016. "Why do some international institutions contain strong dispute settlement provisions? New evidence from preferential trade agreements," The Review of International Organizations, Springer, vol. 11(1), pages 89-120, March.
    8. Vanessa A. Lefler, 2015. "Strategic forum selection and compliance in interstate dispute resolution," Conflict Management and Peace Science, Peace Science Society (International), vol. 32(1), pages 76-98, February.
    9. Robert Brown, 2010. "Measuring Delegation," The Review of International Organizations, Springer, vol. 5(2), pages 141-175, June.
    10. Áslaug Ásgeirsdóttir & Martin Steinwand, 2015. "Dispute settlement mechanisms and maritime boundary settlements," The Review of International Organizations, Springer, vol. 10(2), pages 119-143, June.
    11. Bradstreet Richard S., 2011. "The Impact of Globalization of Antitrust Law on Developing Countries: Harmony or Hegemony?," Asian Journal of Law and Economics, De Gruyter, vol. 2(3), pages 1-34, October.
    12. Baccini, Leonardo & Dür, Andreas & Elsig, Manfred & Milewicz, Karolina, 2011. "The design of preferential trade agreements: A new dataset in the Making," WTO Staff Working Papers ERSD-2011-10, World Trade Organization (WTO), Economic Research and Statistics Division.
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    14. Waśniewski, Krzysztof, 2014. "Investor-state disputes and the TTIP – is it a new challenge for corporate responsibility?," MPRA Paper 57346, University Library of Munich, Germany.
    15. Jon Hovi & Tora Skodvin, 2017. "Why the United States Supports International Enforcement for Some Treaties but not for Others," Politics and Governance, Cogitatio Press, vol. 5(2), pages 79-92.
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