Promoting trade through private law: Explaining international legal harmonization

A large body of research examines states’ efforts to increase international trade through public law, that is, by forming preferential trade agreements (PTAs) that lower governmental barriers to trade. Scholars, however, have overlooked another mechanism through which states seek to facilitate trade: international harmonization of private law. Underlying legal harmonization is the assumption that cross-national variation of commercial law impedes trade; by contrast, similarity of laws across countries encourages trade by reducing uncertainty and transaction costs. I argue that the harmonization of private law acts as a substitute for the public-law channel of stimulating trade: countries with limited PTA partnerships make up for this deficiency by joining initiatives for private-law harmonization. This argument is tested by analyzing the UN Convention on Contracts for the International Sale of Goods-one of the primary instruments of legal harmonization. Indeed, countries that are party to shallow PTAs or have few PTA partners are more likely to ratify this private-law convention. Overall, this article urges scholars of trade and international law to broaden their research agenda to include private law.     

Challenging international law: a dilemma of private security companies

Since the end of the Cold War, there has been a marked increase in the sale of military services by private security companies (PSCs).1 ?1. The term private security company is used throughout the article instead of private military companies or private military firms. View all notes These companies sell anything from combat support for government military operations to military training and assistance, logistical support and more conventional security protection services. They have undertaken operations in countries as diverse as Sierra Leone, Croatia, and Columbia and now Iraq and Afghanistan. The presence of these companies on the international stage raises fundamental questions about the way war is now being fought. Unfortunately, the legal issues raised by their presence in conflicts have not yet been properly addressed. This article sets out to examine the suitability of international law in defining and controlling the activities of PSCs on the battlefield. It then goes on to discuss the problems associated with national regulation. Here the focus is on the attempts by the United States (US), South Africa, and United Kingdom (UK) governments to introduce effective legislation to control the industry.     

国际关系民主化与国际法

任何理论问题的探究都植根于一定的时代背景.当今经济全球化以前所未有的深度、广度改变着人类生活的多维层面,全球性联系要求民主化的国际合作,全球性问题需要民主化的国际协调,全球性挑战呼唤民主化的解决方式.民主化成为当代国际关系发展的客观要求与基本趋势.     

Enduring trade disputes: Disguised protectionism and duration and recurrence of international trade disputes

Why do some WTO trade disputes endure and recur while others do not? States have difficulty resolving trade conflicts when they involve certain types of trade-restrictive domestic regulations. While such regulations vary in their extent of legitimacy—fulfilling non-trade domestic regulatory objectives and availability of less trade-restrictive options—complainant states cannot always distinguish legitimate barriers from illegitimate ones. In such scenarios of disguised protectionism, which I argue is most prevalent with policies involving WTO’s Sanitary and Phytosanitary (SPS) Agreement, disputants confront difficulties concluding their disputes. Disputes last longer and are more likely to recur. I test the argument against a data set of WTO disputes structured in an innovative manner—one that links together related and recurring disputes into single conflicts. Both an event history analysis of conflict duration and a count analysis of conflict recurrence using this data strongly support this argument.     

The design of international trade agreements: Introducing a new dataset

Preferential trade agreements (PTAs) have been proliferating for the last twenty years. A large literature has studied various aspects of this phenomenon. Until recently, however, many large-N studies have paid only scant attention to variation across PTAs in terms of content and design. Our contribution to this literature is a new dataset on the design of trade agreements that is the most comprehensive in terms of both variables coded and agreements covered. We illustrate the dataset’s usefulness in re-visiting the questions if and to what extent PTAs impact trade flows. The analysis shows that on average PTAs increase trade flows, but that this effect is largely driven by deep agreements. In addition, we provide evidence that provisions that tackle behind-the-border regulation matter for trade flows. The dataset’s contribution is not limited to the PTA literature, however. Broader debates on topics such as institutional design and the legalization of international relations will also benefit from the novel data.     

The perils of outsourcing post-conflict reconstruction: donor countries,international NGOs and private military and security companies

During the last few years, some donor countries (especially the US and the UK) have been increasingly outsourcing services in post-conflict operations to international non-governmental organisations (INGOs) and private military and security companies (PMSCs). These states have also adopted ‘integrated approaches’ to their policy interventions, contributing to the emergence of an ‘aid and security market’. The article uses ideas from both development and defence studies and re-problematises the contracting states' relationship with PMSCs and INGOs. It argues that although INGOs and PMSCs are very different types of non-state actors, there are striking similarities in outsourcing practices. Moreover, it demonstrates that the leading contracting states have poorly managed their contracts with both INGOs and PMSCs, and have not seriously reflected on the unintended consequences of their contracting practices on the recovery of war-affected countries.     

Recognition,diplomacy, and international law: The curious case of the United States and China

Political necessity required President Jimmy Carter to terminate, effective 1 January 1980, the 1954 Mutual Defense Treaty between the United States and the Republic of China (Taiwan). Prior to the effective termination date, the President's action was challenged by Senator Barry Goldwater who sought to prevent termination of the Mutual Defense Treaty unless and until the Senate, or the whole Congress, gave its consent. Neither the United States Constitution nor the historical record could provide clear guidance on the proper means to terminate a treaty. Recognizing the unavoidable interrelationship between diplomacy and domestic‐as well as international‐law, the United States Supreme Court dismissed the case of Goldwater v. Carter as a political question best resolved by the two political branches of government involved. In taking this action, the Court was able to preserve its image of objectivity while implicitly supporting the President's action.     

Non-compliance by design: Moribund hard law in international institutions

States often create international institutions that impose legally binding rules on member states, and then do not even attempt to enforce these rules. Why? In this article, we present a game-theoretic model of moribund hard law in international institutions. We show that if some states face domestic pressure to negotiate a hard law treaty, their incentive to insist on hard law in the negotiations is maximized when less enthusiastic states expect that the hard law will probably not be enforced. Domestic proponents of hard law reward states for negotiating a hard law treaty, while states that oppose hard law can accept it because they expect no enforcement. As a form of informal governance, moribund hard law allows non-compliance by design.     

Public–private partnership (PPP) and water-supply provision in urban Africa: The experience of Congo-Brazzaville

This paper addresses the introduction of a public–private partnership (PPP) for water provision in urban Congo. It describes the organisational context before and after PPP and discusses the various outcomes of the partnership, both positive and negative. Despite some promising early results, the PPP arrangements did not develop as planned and the private enterprises ran into financial problems. The role of the political environment in compromising the potential benefits of PPP was important, and the article closes with some policy recommendations in light of Congo's ongoing negotiations with the international financial institutions to secure their assistance for new economic reforms.     

Public and private: change and continuity in economy through two meta-fields in society

The current literature on comparative political economy does not seem to consider unifying under a single theoretical framework the analysis of continuity and change in different economic systems. On the one hand, major comparative works derive their theoretical propositions from dynamics in the Western world. On the other, studies that are focused on national trajectories of development are concentrated in cross-national comparisons involving countries with similar characteristics in what concerns strategies of development. In this paper, I argue that all fields in the world of social action are pervaded by two major fields, hereby dubbed ‘meta-fields’: public and private. Both are in a ‘double movement’ to shape each other's boundaries through the definition of social and property rights that regulate access to human capabilities and capital. Public and private are meta-fields because they constrain human action and the organization of social configurations on state and non-state levels.     

'The limits of international leadership': The Eisenhower administration, East-West trade and the cold war, 1953-54

This article examines the Eisenhower administration's trade policy towards the Soviet Union in 1953-54. It argues, contrary to previous scholarship on the subject, that the liberalization of East-West trade controls in August 1954 cannot be attributed solely to the presidential leadership of Dwight D. Eisenhower. Instead, whilst Eisenhower played a significant role in changing American embargo policy, it was the Churchill government which provided the impetus required for the revision of the international export control lists. Despite conflict and confrontation over the shape and contents of the new embargo between Washington and London, the two governments forged a compromise in the summer of 1954.     

Shea butter: connecting rural Burkinabè women to international markets through fair trade

Processed by rural West African women and desired by wealthy Northern consumers of natural beauty products, shea butter seems a prime candidate for fair trade, yet to date there has been little study of the industry. This article analyses the opportunities and constraints of the development of fair-trade exports of shea butter from Burkina Faso, taking into account the context in which shea is produced and sold locally and internationally, the concept of fair trade, and the impact of gender relations on shea production. Although a definitive positive or negative determination cannot be made, given the complex and divergent factors affecting the potential international market and the production process, the author finds that the development of the fair-trade shea butter industry in Burkina Faso has great potential. However, such development must occur with restraint and consideration of possible challenges and limitations, in order to remain sustainable and viable for rural female producers.     

Public sector trade unions in the face of privatisation

This paper looks at the nature and extent of privatisation around the world, including an analysis of the bodies or interests which promote this 'panacea' policy. It identifies a number of responses which public sector trade unions have made to such policies, especially where these have been ideologically driven. It offers some examples of ways in which trade unions have developed their own models/proposals for modernisation of public services and shows how these have been both challenges and benefits to unions and service recipients. It looks at how agencies such as the World Bank have responded to these initiatives.