front cover of Delivering on Promises
Delivering on Promises
The Domestic Politics of Compliance in International Courts
Lauren J. Peritz
University of Chicago Press, 2022
A timely investigation into the conditions that make international agreements—and the institutions that enforce them—vulnerable.

When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver results—but they are only effective under certain conditions. 

As Peritz shows, states are less likely to comply with international rules and international court decisions when domestic industries have the political ability to obstruct compliance in particular cases. The author evaluates the argument with an extensive empirical analysis that traces the domestic politics of compliance with the decisions of two international economic courts: the World Trade Organization’s dispute settlement mechanism and the Court of Justice of the European Union. At a time when international agreements are under attack, this book sheds light on the complex relationship between domestic politics and international economic cooperation, offering detailed evidence that international economic courts are effective at promoting interstate cooperation.
 
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The Dilemma of Compliance
Political Parties and Post-Election Disputes
Svitlana Chernykh
University of Michigan Press, 2024
Over the past twenty years, the causes and consequences of post-election disputes have become one of the most compelling topics of research in political science. Between 2012 and 2022, political parties challenged the results of more than 25 percent of elections. When democratic transitions are dependent on the willingness of participants to accept defeat, political parties can undermine election-based democracy by rejecting the outcome. As the world enters the fourth decade since the start of the third wave of democratization, the question of whether election losers will comply or reject election outcomes is more and more pressing. The Dilemma of Compliance analyzes this phenomenon at the level of political parties, raising three important questions: Why do some political parties refuse to comply with election results? What determines the strategies they use to contest the outcomes? What consequences do post-election disputes have for the political parties that initiate them? 

To answer these questions, this book draws on an original dataset of post-election responses encompassing over 300 political parties, which participated in 270 elections held in twenty-two countries of Eastern Europe and the former Soviet Union over a period of more than two decades. In doing so, it offers a new theoretical framework for studying electoral compliance in comparative perspective and advances research on democratic transition, democracy promotion, post-election protests, and party politics.
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Impact
How Law Affects Behavior
Lawrence M. Friedman
Harvard University Press, 2016

Laws and regulations are ubiquitous, touching on many aspects of individual and corporate behavior. But under what conditions are laws and rules actually effective? A huge amount of recent work in political science, sociology, economics, criminology, law, and psychology, among other disciplines, deals with this question. But these fields rarely inform one another, leaving the state of research disjointed and disorganized. Lawrence M. Friedman finds order in this cacophony. Impact gathers recent findings into one overarching analysis and lays the groundwork for a cohesive body of work in what Friedman labels “impact studies.”

The first important factor that has a bearing on impact is communication. A rule or law has no effect if it never reaches its intended audience. The public’s fund of legal knowledge, the clarity of the law, and the presence of information brokers all influence the flow of information from lawmakers to citizens. After a law is communicated, subjects sometimes comply, sometimes resist, and sometimes adjust or evade. Three clusters of motives help shape which reaction will prevail: first, rewards and punishments; second, peer group influences; and third, issues of conscience, legitimacy, and morality. When all of these factors move in the same direction, law can have a powerful impact; when they conflict, the outcome is sometimes unpredictable.

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The New Sovereignty
Compliance with International Regulatory Agreements
Abram Chayes and Antonia Handler Chayes
Harvard University Press, 1998

In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation.

The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop.

The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War.

The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.

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Pollution Regulation in Development
System Design, Compliance and Enforcement
Benjamin van Rooij
Amsterdam University Press, 2008
Over the last decades, some non-OECD countries such as Brazil, Indonesia, Colombia, Mexico, India and China have been rapidly industrializing. While this has had positive effects on economic growth, it has also caused pollution with severe effects on the natural environment, human health, and global climate change. In response to the new pollution threat, most of the industrializing economies have installed pollution prevention and control regulations, and implementing institutions. In practice, however, the regulations often fail to achieve the desired results. Violations of the law remain pervasive, and enforcement reactions against violations of the law are often ineffective. This Research and Policy Note explains why the regulation of pollution in these countries is so difficult, by looking at several aspects of pollution regulation frameworks, for instance the obstacles to effective law enforcement, effective enforcement strategies in creating compliance in industrializing economies, and the role of local communities, markets and politics.
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