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In the past few years many social scientists interested in cooperation have turned their attention to the problem of compliance in international regulatory regimes. Much of the empirical research in this area has been conducted by a group composed mainly of qualitative political scientists and scholars interested in international law. Its message is that (1) compliance is generally quite good; (2) this high level of compliance has been achieved with little attention to enforcement; (3) those compliance problems that do exist are best addressed as management rather than enforcement problems; and (4) the management rather than the enforcement approach holds the key to the evolution of future regulatory cooperation in the international system. As Oran Young notes, “A new understanding of the bases of compliance – one that treats compliance as a management problem rather than an enforcement problem and that has profound practical as well as theoretical implications – is making itself felt among students of international relations.” In short, not only are the dreary expectations born of factors such as relative gains concerns, collective action problems, anarchy, and fears of self-interested exploitation incorrect but also the enforcement limitations that always have appeared to sharply bound the contributions of international law and many international institutions now appear to have been exaggerated.
One of the most prominent characteristics of multilateral organizations is that they do not “spring forth full blown”; they grow. Although this is well known, relatively few attempts have been made to explain it at a general level or to explore its implications. In this paper we show why states that desire to create a multilateral organization or agreement might be attracted to a strategy that involves admitting potential members sequentially based on their preferences. Such a “sequential construction” strategy can generate an unusual kind of structure-induced equilibrium that dramatically mitigates the breadth-depth trade-off and increases the level of cooperation a multilateral is able to attain. We evaluate these claims with data drawn from the history of the European Union and twenty environmental multilaterals.
Recent research on compliance in international regulatory regimes has argued (1) that compliance is generally quite good; (2) that this high level of compliance has been achieved with little attention to enforcement; (3) that those compliance problems that do exist are best addressed as management rather than enforcement problems; and (4) that the management rather than the enforcement approach holds the key to the evolution of future regulatory cooperation in the international system. While the descriptive findings above are largely correct, the policy inferences are dangerously contaminated by endogeneity and selection problems. A high rate of compliance is often the result of states formulating treaties that require them to do little more than they would do in the absence of a treaty. In those cases where noncompliance does occur and where the effects of selection are attenuated, both self-interest and enforcement play significant roles.
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