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24 - Against Compliance

Published online by Cambridge University Press:  05 January 2013

By
Lisa L. Martin
Edited by
Jeffrey L. Dunoff  and
Mark A. Pollack
Jeffrey L. Dunoff
Affiliation:
Temple University, Philadelphia
Mark A. Pollack
Affiliation:
Temple University, Philadelphia
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Summary

International institutions and organizations influence state behavior and policy. However, the nature of this influence, its extent, and the conditions under which it is most evident are not fully specified and are the subject of much empirical research. One challenge in this empirical exploration has been identifying appropriate outcome variables with which to measure institutional effects. As I argue below, much of the literature, in both political science and international legal studies, has settled on compliance as a dependent variable. The concept of compliance may have certain advantages, such as the relatively systematic and accessible collection of data on patterns of compliance.

However, compliance is a legal concept that is unusually ill-suited to the central social-scientific pursuit: the identification and measurement of causal effects. Identification of the causal effect of an institution requires asking a counterfactual: how would state behavior have varied in the absence of the institution? In most instances, asking about compliance provides no leverage on this question. Compliance is a concept of obvious and inherent interest to lawyers and legal scholars, whose normative focus involves enhancing degrees of compliance. As such, data on compliance are abundantly available. However, political scientists using such data as a proxy for institutional effects make errors of both omission and commission – mistakenly attributing state behavior to institutional participation, and underestimating the influence of institutions on states that are not “in compliance.” This is a dilemma that cannot be addressed by more careful treatment of compliance; it can only be addressed by dropping compliance as a central concept in the study of institutional effects.

Type
Chapter
Information
Interdisciplinary Perspectives on International Law and International Relations
The State of the Art
 , pp. 591 - 610
Publisher: Cambridge University Press
Print publication year: 2012

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References

Brewster, Rachel (2013). “Reputation in International Relations and International Law Theory,” in Dunoff, Jeffrey L. and Pollack, Mark A. (eds.), Interdisciplinary Perspectives on International Law and International Relations: The State of the Art (New York: Cambridge University Press), pp. 524–43.Google Scholar
Brown Weiss, Edith, and Jacobson, Harold K. (1998) (eds.). Engaging Countries: Strengthening Compliance with International Environmental Accords (Cambridge, MA: MIT Press).Google Scholar
Büthe, Tim, and Milner, Helen V. (2008). “The Politics of Foreign Direct Investment into Developing Countries: Increasing FDI through International Trade Agreements?,” American Journal of Political Science, Vol. 52, No. 4, pp. 741–62.CrossRefGoogle Scholar
Chayes, Abram, and Handler Chayes, Antonia (1993). “On Compliance,” International Organization, Vol. 47, No. 2, pp. 175–205.CrossRefGoogle Scholar
Dai, Xinyuan (2007). International Institutions and National Policies (New York: Cambridge University Press).CrossRefGoogle Scholar
Downs, George W., and Jones, Michael A. (2002). “Reputation, Compliance, and International Law,” Journal of Legal Studies, Vol. 31, No. 1, pt. 2, pp. S95–S114.CrossRefGoogle Scholar
Downs, George W., Rocke, David M., and Barsoom, Peter N. (1996). “Is the Good News about Compliance Good News about Cooperation?,” International Organization, Vol. 50, No. 3, pp. 379–406.CrossRefGoogle Scholar
Falkner, Gerda, Treib, Oliver, Hartlapp, Miriam, and Leiber, Simone (2005). Complying with Europe: EU Harmonisation and Soft Law in the Member States (New York: Cambridge University Press).CrossRefGoogle Scholar
Franck, Thomas (1990). The Power of Legitimacy among Nations (New York: Oxford University Press).Google Scholar
Franck, Thomas (1988). “Legitimacy in the International System,” American Journal of International Law, Vol. 82, No. 4, pp. 705–59.CrossRefGoogle Scholar
Gilligan, Michael J. (2004). “Is There a Broader-Deeper Tradeoff in International Multilateral Agreements?,” International Organization, Vol. 58, No. 3, pp. 459–84.CrossRefGoogle Scholar
Guzman, Andrew T. (2001). “International Law: A Compliance Based Theory,” California Law Review, Vol. 90, No. 6, pp. 1823–88.CrossRefGoogle Scholar
Guzman, Andrew T. (2008). How International Law Works: A Rational Choice Theory (New York: Oxford University Press).CrossRefGoogle Scholar
Hafner-Burton, Emilie M. (2009). Forced to Be Good: Why Trade Agreements Boost Human Rights (Ithaca, NY: Cornell University Press).Google Scholar
Hathaway, Oona A. (2003). “The Cost of Commitment,” Stanford Law Review, Vol. 55, No. 5, pp. 1821–62.Google Scholar
Hathaway, Oona A. (2002). “Do Human Rights Treaties Make a Difference?,” Yale Law Journal, Vol. 111, No. 8, pp. 1935–2042.CrossRefGoogle Scholar
Helfer, Laurence R. (2005). “Exiting Treaties,” Virginia Law Review, Vol. 91, No. 7, pp. 1579–1648.Google Scholar
Henkin, Louis (1979). How Nations Behave: Law and Foreign Policy, 2nd ed. (New York: Columbia University Press).Google Scholar
Imai, Kosuke, Keele, Luke, and Tingley, Dustin (2009). “A General Approach to Causal Mediation Analysis.” unpublished manuscript, Princeton University.
Kelley, Judith (2007). “Who Keeps International Commitments and Why? The International Criminal Court and Bilateral Nonsurrender Agreements,” American Political Science Review, Vol. 101, No. 3, pp. 573–89.CrossRefGoogle Scholar
Keohane, Robert O. (1998). “When Does International Law Come Home?,” Houston Law Review, Vol. 35, No. 3, pp. 699–714.Google Scholar
Keohane, Robert O. (1984). After Hegemony (Princeton, NJ:Princeton University Press).Google Scholar
Koh, Harold (1997). “Why Do Nations Obey International Law?,” Yale Law Journal, Vol. 106. No. 8, pp. 2599–659.CrossRefGoogle Scholar
McLaughlin Mitchell, Sara, and Hensel, Paul R. (2007). “International Institutions and Compliance with Agreements,” American Journal of Political Science, Vol. 51, No. 4, pp. 721–37.CrossRefGoogle Scholar
Mearsheimer, John J. (1994/95). “The False Promise of International Institutions,” International Security, Vol. 19, No. 3, pp. 5–49.CrossRefGoogle Scholar
Morrow, James (2007). “When Do States Follow the Laws of War?,” American Political Science Review, Vol. 101, No. 3, pp. 559–72.CrossRefGoogle Scholar
Neyer, Jürgen, and Wolf, Dieter (2005). “The Analysis of Compliance with International Rules: Definitions, Variables, and Methodology,” in Zürn, Michael and Joerges, Cjristian (eds.), Law and Governance in Postnational Europe: Compliance beyond the Nation-State (Cambridge: Cambridge University Press), pp. 40–64.CrossRefGoogle Scholar
Paulson, Colter (2004). “Compliance with Final Judgments of the International Court of Justice since 1987,” American Journal of International Law, Vol. 98, No. 3, pp. 434–61.CrossRefGoogle Scholar
Raustiala, Kal (2000). “Compliance and Effectiveness in International Regulatory Cooperation,” Case Western Journal of International Law, Vol. 32, No. 2, pp. 387–440.Google Scholar
Raustiala, Kal, and Slaughter, Anne-Marie (2002). “International Law, International Relations and Compliance,” in Carlsnaes, Walter, Risse, Thomas, and Simmons, Beth A. (eds.), Handbook of International Relations (Thousand Oaks, CA: Sage), pp. 538–58.CrossRefGoogle Scholar
Sandler, Todd (2007). “Treaties: Strategic Considerations,” University of Illinois Law Review, Vol. 2008, No. 1, pp. 155–80.Google Scholar
Shelton, Dinah (2000) (ed.). Commitment and Compliance: The Role of Non-binding Norms in the International Legal System (Oxford: Oxford University Press).Google Scholar
Simmons, Beth A. (1998). “Compliance with International Agreements,” Annual Review of Political Science, Vol. 1, pp. 75–93.CrossRefGoogle Scholar
Simmons, Beth A. (2000). “International Law and State Behavior: Commitment and Compliance in International Monetary Affairs,” American Political Science Review, Vol. 94, No. 4, pp. 819–35.CrossRefGoogle Scholar
Simmons, Beth A. (2009). Mobilizing for Human Rights: International Law in Domestic Politics (New York: Cambridge University Press).CrossRefGoogle Scholar
von Stein, Jana (2005). “Do Treaties Constrain or Screen? Selection Bias and Treaty Compliance,” American Political Science Review. Vol. 99, No. 4, pp. 611–22.CrossRefGoogle Scholar
von Stein, Jana (2013). “The Engines of Compliance,” in Dunoff, Jeffrey L and Pollack, Mark A (eds.), Interdisciplinary Perspectives on International Law and International Relations: The State of the Art (New York: Cambridge University Press), pp. 477–501.Google Scholar
Vreeland, James Raymond (2008). “Political Institutions and Human Rights: Why Dictatorships Enter into the United Nations Convention against Torture,” International Organization, Vol. 62, No. 1, pp. 65–101.CrossRefGoogle Scholar
Zürn, Michael, and Joerges, Christian (2005) (eds.). Law and Governance in Postnational Europe: Compliance beyond the Nation-State (Cambridge: Cambridge University Press).CrossRefGoogle Scholar

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  • Against Compliance
  • Edited by Jeffrey L. Dunoff, Temple University, Philadelphia, Mark A. Pollack, Temple University, Philadelphia
  • Book: Interdisciplinary Perspectives on International Law and International Relations
  • Online publication: 05 January 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139107310.029
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  • Against Compliance
  • Edited by Jeffrey L. Dunoff, Temple University, Philadelphia, Mark A. Pollack, Temple University, Philadelphia
  • Book: Interdisciplinary Perspectives on International Law and International Relations
  • Online publication: 05 January 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139107310.029
Available formats
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Save book to Google Drive

To save 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 saving content to Google Drive.

  • Against Compliance
  • Edited by Jeffrey L. Dunoff, Temple University, Philadelphia, Mark A. Pollack, Temple University, Philadelphia
  • Book: Interdisciplinary Perspectives on International Law and International Relations
  • Online publication: 05 January 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139107310.029
Available formats
×