Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-669899f699-tzmfd Total loading time: 0 Render date: 2025-04-24T15:47:11.740Z Has data issue: false hasContentIssue false

22 - Open Economy Law

Published online by Cambridge University Press:  05 January 2013

By
Joel P. Trachtman
Edited by
Jeffrey L. Dunoff  and
Mark A. Pollack
Jeffrey L. Dunoff
Affiliation:
Temple University, Philadelphia
Mark A. Pollack
Affiliation:
Temple University, Philadelphia
Get access

Summary

  1. Applied to relations between nations, [the] bureaucratic

  2. politics model directs attention to intra-national games,

  3. the overlap of which constitutes international relations.

  4. Graham Allison (1971: 149)

Within international relations (IR) scholarship, the field of “open economy politics” (Lake 2009) refers to a body of scholarship that has been emerging for the past forty years and that seeks to understand the impact of domestic politics on international politics and the impact of international politics on domestic politics. One foundational premise of this field of study is that domestic politics and law play an important role in causing international political and legal dynamics, and that international political and legal dynamics play an important role in determining domestic politics and law. Thus, an examination of international political and legal dynamics alone would often miss an important part of the picture, and an examination of domestic law and politics alone would also, only somewhat less often, miss an important part of the picture.

The study of international politics and law is less important for an understanding of domestic politics than vice versa simply because of the fact of subsidiarity: international politics and law generally plays a subsidiary role to domestic politics and law. That is, states enter the market of international relations when they can obtain policy outcomes better by doing so than by not doing so. Some actions are best taken domestically, without any international political or legal extension, whereas all international political or legal actions are extensions of some domestic policy. In this sense, as the late Congressman Tip O’Neill suggested, all politics is domestic. However, under globalization, politics is increasingly also global (Drezner 2007). Given the understanding that domestic politics and international politics are significantly interdependent, any study of the relationship between international politics and international law must examine the domestic political and legal dimension.

Type
Chapter
Information
Interdisciplinary Perspectives on International Law and International Relations
The State of the Art
 , pp. 544 - 567
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

References

Abebe, Daniel, and Posner, Eric A. (2011). “The Flaws of Foreign Affairs Legalism,” Virginia Journal of International Law, Vol. 51, No. 3, pp. 507–48.Google Scholar
Allison, Graham (1971). Essence of Decision: Explaining the Cuban Missile Crisis (Boston, MA: Little, Brown).Google Scholar
Brewster, Rachel (2004). “The Domestic Origins of International Agreements,” Virginia Journal of International Law, Vol. 44, No. 2, pp. 501–44.Google Scholar
Chayes, Abram, and Handler Chayes, Antonia (1993). “On Compliance,” International Organization, Vol. 47, No. 2, pp. 175–205.CrossRefGoogle Scholar
Chayes, Abram, and Handler Chayes, Antonia (1995). The New Sovereignty: Compliance with International Regulatory Agreements (Cambridge, MA: Harvard University Press).Google Scholar
Dai, Xinyuan (2005). “Why Comply? The Domestic Constituency Mechanism,” International Organization, Vol. 59, No. 2, pp. 363–98.CrossRefGoogle Scholar
Dai, Xinyuan (2007). International Institutions and National Policies (New York: Cambridge University Press).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
Doyle, Michael W. (1983). “Kant, Liberal Legacies, and Foreign Affairs,” Philosophy & Public Affairs, Vol. 12, No. 3, pp. 205–35.Google Scholar
Drezner, Daniel W. (2007). All Politics Is Global: Explaining International Regulatory Regimes (Princeton, NJ: Princeton University Press).Google Scholar
Dunoff, Jeffrey L., and Trachtman, Joel P. (1999). “Economic Analysis of International Law,” Yale Journal of International Law, Vol. 24, No. 1, pp. 1–59.Google Scholar
Goldsmith, Jack L., and Posner, Eric A. (2005). The Limits of International Law (New York:Oxford University Press).Google Scholar
Goldstein, Judith L., Kahler, Miles, Keohane, Robert O, and Slaughter, Anne-Marie (2001) (eds.). Legalization and World Politics (Cambridge, MA: MIT Press).Google Scholar
Goodman, Ryan, and Jinks, Derek (2003). “Toward an Institutional Theory of Sovereignty,” Stanford Law Review, Vol. 55, No. 5, pp. 1749–88.Google Scholar
Goodman, Ryan, and Jinks, Derek (2004). “How to Influence States: Socialization and International Human Rights Law,” Duke Law Journal, Vol. 54, No. 3, pp. 621–703.Google Scholar
Goodman, Ryan, and Jinks, Derek (2005). “International Law and State Socialization: Conceptual, Empirical, and Normative Challenges,” Duke Law Journal, Vol. 54, No. 4, pp. 983–98.Google Scholar
Goodman, Ryan, and Jinks, Derek (2008). “Incomplete Internalization and Compliance with Human Rights Law,” European Journal of International Law, Vol. 19, No. 4, pp. 725–48.CrossRefGoogle Scholar
Gourevitch, Peter (1978). “The Second Image Reversed: The International Sources of Domestic Politics,” International Organization, Vol. 32, No. 4, pp. 881–912.CrossRefGoogle Scholar
Grossman, Gene M., and Helpman, Elhanan (1994). “Protection for Sale,” American Economic Review, Vol. 84, No. 4, pp. 833–50.Google Scholar
Grossman, Gene M., and Helpman, Elhanan (1995). “The Politics of Free-Trade Agreements,” American Economic Review, Vol. 85, No. 4, pp. 667–90.Google Scholar
Guzman, Andrew T. (2002). “A Compliance-Based Theory of International Law,” California Law Review, Vol. 90, No. 6, pp. 1823–87.CrossRefGoogle Scholar
Guzman, Andrew T. (2008). How International Law Works: A Rational Choice Theory (New York:Oxford University Press).CrossRefGoogle Scholar
Jinks, Derek, and Kumar Katyal, Neal (2007). “Disregarding Foreign Relations Law,” Yale Law Journal, Vol. 116, No. 6, pp. 1230–83.CrossRefGoogle Scholar
Keohane, Robert O. (1986). “Reciprocity in International Relations,” International Organization, Vol. 40, No. 1, pp. 1–27.CrossRefGoogle Scholar
Keohane, Robert O. (2005). After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, NJ: Princeton University Press).Google Scholar
Koh, Harold Hongju (1991). “Transnational Public Law Litigation,” Yale Law Journal, Vol. 100, No. 8, pp. 2347–402.CrossRefGoogle Scholar
Koh, Harold Hongju (1997). “Why Do Nations Obey International Law?,” Yale Law Journal, Vol. 106, No. 8, pp. 2599–659.CrossRefGoogle Scholar
Koh, Harold Hongju (2005). “Internalization through Socialization,” Duke Law Journal, Vol. 54, No. 4, pp. 975–82.Google Scholar
Lake, David (2009). “Open Economy Politics: A Critical Review,” Review of International Organizations, Vol. 4, No. 3, pp. 219–44.CrossRefGoogle Scholar
Lawrence, Robert Z. (2003). Crimes and Punishments? Retaliation under the WTO (Washington, DC: Peterson Institute for International Economics).Google Scholar
Maggi, Giovanni, and Rodríguez-Clare, Andrés (1998). “The Value of Trade Agreements in the Presence of Political Pressures,” Journal of Political Economy, Vol. 106, No. 3, pp. 574–601.CrossRefGoogle Scholar
Milner, Helen V., and Peter Rosendorff, B. (1997). “Democratic Politics and International Trade Negotiations: Elections and Divided Government as Constraints on Trade Liberalization,” Journal of Conflict Resolution, Vol. 41, No. 1, pp. 117–46.CrossRefGoogle Scholar
Mitrany, David (1966). A Working Peace System (Chicago, IL: Quadrangle Books).Google Scholar
Mo, Jongryn (1994). “The Logic of Two-Level Games with Endogenous Domestic Coalitions,” Journal of Conflict Resolution, Vol. 38, No. 3, pp. 402–22.CrossRefGoogle Scholar
Moravcsik, Andrew (1997). “Taking Preferences Seriously: A Liberal Theory of International Politics,” International Organization, Vol. 51, No. 4, pp. 513–53.CrossRefGoogle Scholar
Neumayer, Eric (2002). “Do Democracies Exhibit Stronger International Environmental Commitment? A Cross-Country Analysis,” Journal of Peace Research, Vol. 39, No. 2, pp. 139–64.CrossRefGoogle Scholar
Norman, George, and Trachtman, Joel P. (2005). “The Customary International Law Game,” American Journal of International Law, Vol. 99, No. 3, pp. 541–80.CrossRefGoogle Scholar
Nzelibe, Jide (2011). “Strategic Globalization: International Law as an Extension of Domestic Political Conflict,” Northwestern University Law Review, Vol. 105, No. 2, pp. 635–88.Google Scholar
Olson, Mancur (1965). The Logic of Collective Action: Public Goods and the Theory of Groups (Cambridge, MA: Harvard University Press).Google Scholar
Putnam, Robert D. (1988). “Diplomacy and Domestic Politics: The Logic of Two-Level Games,” International Organization, Vol. 42, No. 3, pp. 427–60.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
Slaughter, Anne-Marie (1995). “International Law in a World of Liberal States,” European Journal of International Law, Vol. 6, No. 4, pp. 503–38.CrossRefGoogle Scholar
Spiro, Peter J. (2000). “The New Sovereigntists: American Exceptionalism and Its False Prophets,” Foreign Affairs, Vol. 79, No. 6, pp. 9–15.CrossRefGoogle Scholar
Swaine, Edward T. (2002). “Rational Custom,” Duke Law Journal, Vol. 52, No. 3, pp. 559–627.CrossRefGoogle Scholar
Sykes, Alan O. (2005). “Public versus Private Enforcement of International Economic Law: Standing and Remedy,” Journal of Legal Studies, Vol. 34, No. 2, pp. 631–66.CrossRefGoogle Scholar
Trachtman, Joel P. (2008). The Economic Structure of International Law (Cambridge, MA: Harvard University Press).CrossRefGoogle Scholar
Trachtman, Joel P. (2010). “International Law and Domestic Political Coalitions: The Grand Theory of Compliance with International Law,” Chicago Journal of International Law, Vol. 11, No. 1, pp. 127–58.Google Scholar
Trachtman, Joel P., and Moremen, Philip M. (2003). “Costs and Benefits of Private Participation in WTO Dispute Settlement: Whose Right Is It Anyway?,” Harvard International Law Journal, Vol. 44, No. 1, pp. 221–50.Google Scholar
van Aaken, Anne (2009). “Effectuating Public International Law through Market Mechanisms?,” Journal of Institutional and Theoretical Economics, Vol. 165, No. 1, pp. 33–57.CrossRefGoogle Scholar
Verdier, Pierre-Hugues (2002). “Cooperative States: International Relations, State Responsibility and the Problem of Custom,” Virginia Journal of International Law, Vol. 42, No. 3, pp. 839–67.Google Scholar
Vernon, Raymond (1971). Sovereignty at Bay: The Multinational Spread of U.S. Enterprises (New York:Basic Books).Google Scholar
Waltz, Kenneth N. (1959). Man, the State, and War: A Theoretical Analysis (New York:Columbia University Press).Google Scholar
World Public Opinion.Org (2009). World Public Opinion on International Law and the World Court (Washington, DC: Program on International Policy Attitudes).Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Open Economy Law
  • 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/CBO9781139107310.027
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Open Economy Law
  • 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/CBO9781139107310.027
Available formats
×

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.

  • Open Economy Law
  • 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/CBO9781139107310.027
Available formats
×