Book contents
- Frontmatter
- Contents
- Contributors
- Abstracts
- Preface
- Editors' Note
- PART I INTERNATIONAL REGIMES THEORY: DOES LAW MATTER?
- PART II COMMITMENT AND COMPLIANCE
- PART III LEGALIZATION AND ITS LIMITS
- PART IV INTERNATIONAL LAW AND INTERNATIONAL NORMS
- PART V TREATY DESIGN AND DYNAMICS
- PART VI LAW AND LEGAL INSTITUTIONS
- PART VII OTHER SUBSTANTIVE AREAS OF INTERNATIONAL LAW
- 20 Security: Scraps of Paper? Agreements and the Durability of Peace (2003)
- 21 Trade: In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO (2002)
- 22 Money: The Legalization of International Monetary Affairs (2000)
- 23 War Crimes: Constructing an Atrocities Regime: The Politics of War Crimes Tribunals (2001)
- 24 Human Rights: The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe (2000)
- 25 Environment: Regime Design Matters: Intentional Oil Pollution and Treaty Compliance (1994)
- 26 Intellectual Property: The Regime Complex for Plant Genetic Resources (2004)
- References
- Index
26 - Intellectual Property: The Regime Complex for Plant Genetic Resources (2004)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Contributors
- Abstracts
- Preface
- Editors' Note
- PART I INTERNATIONAL REGIMES THEORY: DOES LAW MATTER?
- PART II COMMITMENT AND COMPLIANCE
- PART III LEGALIZATION AND ITS LIMITS
- PART IV INTERNATIONAL LAW AND INTERNATIONAL NORMS
- PART V TREATY DESIGN AND DYNAMICS
- PART VI LAW AND LEGAL INSTITUTIONS
- PART VII OTHER SUBSTANTIVE AREAS OF INTERNATIONAL LAW
- 20 Security: Scraps of Paper? Agreements and the Durability of Peace (2003)
- 21 Trade: In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO (2002)
- 22 Money: The Legalization of International Monetary Affairs (2000)
- 23 War Crimes: Constructing an Atrocities Regime: The Politics of War Crimes Tribunals (2001)
- 24 Human Rights: The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe (2000)
- 25 Environment: Regime Design Matters: Intentional Oil Pollution and Treaty Compliance (1994)
- 26 Intellectual Property: The Regime Complex for Plant Genetic Resources (2004)
- References
- Index
Summary
International institutions have proliferated rapidly in the postwar period. As new problems have risen on the international agenda, the demand for international regimes has followed. At the same time, international norms have become more demanding and intrusive. Governance systems dominated by elites have given way to more participatory modes; the policy process has become more complex as a growing array of [actors] become engaged in decision making.
These trends – in particular the rising density of international institutions – make it increasingly difficult to isolate and “decompose” individual international institutions for study. Yet efforts to build and test theories about the origins, operation, and influence of international regimes have typically been conducted as though such decomposition was feasible. Most empirical studies focus on the development of a single regime, usually centered on a core international agreement and administered by a discrete organization. Such studies occasionally note the complicated links among international institutions, but [do not focus] systematically on explaining institutional “interplay.” A few studies have explored institutional interactions in hierarchical or nested regimes in which certain rules have explicit precedence over others, but the theoretical implications are limited because international agreements are rarely hierarchical. The prevailing scholarship on regimes has also taken a functional approach to analyzing cooperation and has not given close attention to how the legal and intellectual framing of issues affects the boundaries of regimes.
- Type
- Chapter
- Information
- International Law and International RelationsAn International Organization Reader, pp. 684 - 710Publisher: Cambridge University PressPrint publication year: 2007