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"Snidal, Duncan"
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Cooperation under autonomy
Informal intergovernmental organizations (IIGOs) such as the Proliferation Security Initiative and G20 increasingly play a central role in governing international relations. IIGOs are based on recurrent meetings among high-level state representatives but are not legalized through a treaty and have no permanent secretariat. They allow states to organize internationally without sacrificing autonomy to a supranational entity. We present the IIGO 2.0 dataset, the most comprehensive compilation of these institutions to date, and illustrate the significance of IIGOs through several key empirical findings. First, while the creation of formal IGOs (FIGOs) has plateaued, states are increasingly creating IIGOs to address critical global issues. Second, states disproportionately use IIGOs for high politics issue areas including peace, security, and political agenda-setting which challenges conventional wisdom that IGOs (intergovernmental organizations) are less relevant in the security realm. Third, IIGOs are remarkably durable. Although states could readily formalize or abandon IIGOs, they generally organize cooperation informally for long periods. Finally, IIGOs are typically smaller than FIGOs and this design choice is increasingly used by states of all levels of development, power, and region. The availability of the IIGO 2.0 dataset will promote further analysis on the growing diversity of international institutions.
Journal Article
Hard and Soft Law in International Governance
We examine why international actors—including states, firms, and activists—seek different types of legalized arrangements to solve political and substantive problems. We show how particular forms of legalization provide superior institutional solutions in different circumstances. We begin by examining the baseline advantages of “hard” legalization (that is, precise, legally binding obligations with appropriate third-party delegation). We emphasize, however, that actors often prefer softer forms of legalization (that is, various combinations of reduced precision, less stringent obligation, and weaker delegation). Soft legalization has a number of significant advantages, including that it is easier to achieve, provides strategies for dealing with uncertainty, infringes less on sovereignty, and facilitates compromise among differentiated actors. Although our approach is largely interest-based, we explicitly incorporate the normative elements that are central in law and in recent international relations theorizing. We also consider the important role of nonstate actors who, along with states, are central participants in contemporary international legalization. We illustrate the advantages of various forms of international legal arrangements with examples drawn from articles in this special issue and elsewhere.
Journal Article
Beyond Trade
Increased complexity and density of transnational problems create unprecedented challenges and opportunities for contemporary international governance. “Issue linkage” is one institutional arrangement through which states address these changing circumstances. In this article, we examine the widening scope of the nontrade agenda in preferential trade agreements (PTAs). Nontrade issues (NTIs) such as human rights, democracy, environment, corruption, and labor standards are increasingly linked to PTAs. This issue linkage has important implications for understanding changing patterns of international trade, including the shift to PTAs and the rise of NTIs. We show that (1) states’ choices to commit to bilateral or plurilateral versions of traditional PTAs and to PTAs with NTIs are highly interdependent, (2) states increasingly incorporate NTIs into PTAs, as the associated costs of policy change are lowered through earlier agreements, and (3) network pressures favor the increasing adoption of bilateral and especially plurilateral NTIs over time. Using an original data set on NTIs covering 522 PTAs and spanning the period 1951 to 2009, we evaluate states’ motives behind the widening nontrade agenda of trade agreements using longitudinal network modeling. We employ multiplex coevolution stochastic actor-oriented network models in a novel design to account for interdependencies within and across states’ decisions. Following a descriptive mapping of major NTIs, we evaluate our theoretical arguments. Testing against the alternative explanations of power and commitment, we find that endogenous cost considerations are the most significant factor explaining the inclusion of NTIs into PTAs.
Journal Article
The Rational Design of International Institutions
Why do international institutions vary so widely in terms of such key institutional features as membership, scope, and flexibility? We argue that international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. In this article we introduce the theoretical framework of the Rational Design project. We identify five important features of institutions—membership, scope, centralization, control, and flexibility—and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. We draw on rational choice theory to develop a series of empirically falsifiable conjectures that explain this institutional variation. The authors of the articles in this special issue of International Organization evaluate the conjectures in specific issue-areas and the overall Rational Design approach.
Journal Article
Organization without delegation: Informal intergovernmental organizations (IIGOs) and the spectrum of intergovernmental arrangements
The renaissance in the theoretical analysis of intergovernmental organizations (IGOs) has focused on
formal
IGOs (FIGOs), but many IGOs are subject to no formal treaty and/or have no permanent secretariat. Important examples of
informal
IGOs (IIGOs) include the G-groups that are the locus of much high-level interaction among states. We develop the spectrum of intergovernmental arrangements to show the wide variation in the formalization of international institutions and theorize when states will choose informal arrangements such as an IIGO over (or in combination with) a FIGO. A paired case comparison illustrates our claims that states use IIGOs when they need flexibility, to protect their sovereignty, to maintain close control of information, to lower short term transaction costs for speed, to minimize bureaucracy and to manage uncertainty during times of crisis. Finally, we examine how institutional choice is influenced by power.
Journal Article
Why States Act through Formal International Organizations
States use formal international organizations (IOs) to manage both their everyday interactions and more dramatic episodes, including international conflicts. Yet, contemporary international theory does not explain the existence or form of IOs. This article addresses the question of why states use formal organizations by investigating the functions IOs perform and the properties that enable them to perform those functions. Starting with a rational-institutionalist perspective that sees IOs as enabling states to achieve their ends, the authors examine power and distributive questions and the role of IOs in creating norms and understanding. Centralization and independence are identified as the key properties of formal organizations, and their importance is illustrated with a wide array of examples. IOs as community representatives further allow states to create and implement community values and enforce international commitments.
Journal Article
The Concept of Legalization
We develop an empirically based conception of international legalization to show how law and politics are intertwined across a wide range of institutional forms and to frame the analytic and empirical articles that follow in this volume. International legalization is a form of institutionalization characterized by three dimensions: obligation, precision, and delegation. Obligation means that states are legally bound by rules or commitments and therefore subject to the general rules and procedures of international law. Precision means that the rules are definite, unambiguously defining the conduct they require, authorize, or proscribe. Delegation grants authority to third parties for the implementation of rules, including their interpretation and application, dispute settlement, and (possibly) further rule making. These dimensions are conceptually independent, and each is a matter of degree and gradation. Their various combinations produce a remarkable variety of international legalization. We illustrate a continuum ranging from “hard” legalization (characteristically associated with domestic legal systems) through various forms of “soft” legalization to situations where law is largely absent. Most international legalization lies between the extremes, where actors combine and invoke varying degrees of obligation, precision, and delegation to create subtle blends of politics and law.
Journal Article
Beyond Trade
Increased complexity and density of transnational problems create unprecedented challenges and opportunities for contemporary international governance. “Issue linkage” is one institutional arrangement through which states address these changing circumstances. In this article, we examine the widening scope of the nontrade agenda in preferential trade agreements (PTAs). Nontrade issues (NTIs) such as human rights, democracy, environment, corruption, and labor standards are increasingly linked to PTAs. This issue linkage has important implications for understanding changing patterns of international trade, including the shift to PTAs and the rise of NTIs. We show that (1) states’ choices to commit to bilateral or plurilateral versions of traditional PTAs and to PTAs with NTIs are highly interdependent, (2) states increasingly incorporate NTIs into PTAs, as the associated costs of policy change are lowered through earlier agreements, and (3) network pressures favor the increasing adoption of bilateral and especially plurilateral NTIs over time. Using an original data set on NTIs covering 522 PTAs and spanning the period 1951 to 2009, we evaluate states’ motives behind the widening nontrade agenda of trade agreements using longitudinal network modeling. We employ multiplex coevolution stochastic actor-oriented network models in a novel design to account for interdependencies within and across states’ decisions. Following a descriptive mapping of major NTIs, we evaluate our theoretical arguments. Testing against the alternative explanations of power and commitment, we find that endogenous cost considerations are the most significant factor explaining the inclusion of NTIs into PTAs.
Journal Article
Boilerplate in International Trade Agreements
New international agreements often recycle language from previous agreements, using boilerplate solutions alongside customized provisions. The presence of boilerplate in international agreements has important implications for understanding how international rules are made. The determinants behind boilerplate in international agreements have not previously been systematically evaluated. Using original data from a sample of 348 preferential trade agreements (PTAs) adopted between 1989 and 2009, we combine novel text analysis measures with Latent Order Logistic (LOLOG) graph network techniques to assess the determinants behind boilerplate in labor and environmental provisions commonly found in PTAs. Our results indicate that whereas boilerplate can be used for both efficiency and distributive purposes, international boilerplate is used primarily for efficiency gains and power-distribution considerations are not systematically important.
Journal Article