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3 - Problem constellation

Published online by Cambridge University Press:  02 July 2009

Christine Jojarth
Affiliation:
Stanford University, California
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Summary

The concept of legalization introduced in the previous chapter provides a valuable tool for capturing essential differences in institutional designs. It does not in itself, however, provide a framework for explaining the so-categorized variance in the design of international institutions nor does it attempt to do so. In fact, it is one of the major strengths of the concept that it is equally compatible with different rationalist theories including power-based, domestic politics, and functionalist approaches, as illustrated by the diverse contributions to the special volume of International Organization on the concept of legalization. This study remains rooted in the concept's rationalist orientation as it assumes that policymakers consciously choose among different design options when they establish a new international institution. Already the term “design” itself alludes to “intention-based theories of social change” (Goodin 1996: 28) and precludes the possibility of “spontaneous order” (Young 1983).

Within the school of rationalist theories, this study builds on the functionalist tradition – namely on transaction cost economics theory. However, the problem-tailored design model developed here deviates from two central tenets of the functionalist paradigm. First, this study does not share the functionalist assumption that international institutions necessarily generate Pareto efficiency gains. All cases studied here result in both winners and losers, and it remains questionable whether the institution created in each of these cases even results in Kaldor–Hicks efficiency improvements.

Type
Chapter
Information
Crime, War, and Global Trafficking
Designing International Cooperation
, pp. 59 - 91
Publisher: Cambridge University Press
Print publication year: 2009

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  • Problem constellation
  • Christine Jojarth, Stanford University, California
  • Book: Crime, War, and Global Trafficking
  • Online publication: 02 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576775.004
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  • Problem constellation
  • Christine Jojarth, Stanford University, California
  • Book: Crime, War, and Global Trafficking
  • Online publication: 02 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576775.004
Available formats
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Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Problem constellation
  • Christine Jojarth, Stanford University, California
  • Book: Crime, War, and Global Trafficking
  • Online publication: 02 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576775.004
Available formats
×