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Constructing the International Foundations of E-Commerce—The EU-U.S. Safe Harbor Arrangement


Much recent international relations scholarship has argued that states are unable to control e-commerce, so that private actors are coming to play a dominant role. However, this body of literature fails to account for emerging “hybrid institutions,” in which states create general frameworks of rules, which are then implemented by private actors. This article examines a prominent example of such an institution, the EU-U.S. Safe Harbor arrangement in the field of privacy, and sets out an alternative explanation of state–private actor relations in the sphere of e-commerce. It shows how Safe Harbor had its origins in efforts by the European Union (EU) and United States to mitigate problems of interdependence that threatened to undermine the principles of order on which their regulatory systems were based. Safe Harbor reflects neither the EU nor U.S. approach, but rather a novel blend of state and private regulation. The article demonstrates the vital role of argument and persuasion in identifying Safe Harbor as a solution, and in negotiating its particulars. It finds that conventional game-theoretic accounts of bargaining are unable to explain the negotiation of Safe Harbor, and argues that constructivist approaches should pay more attention to how argument can disclose new possibilities of action.

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Suzanne Berger . 2000. Globalization and Politics. Annual Review of Political Science 3:4362.

Jeffrey T. Checkel 2001. Why Comply? Social Learning and European Identity Change. International Organization 55 (3):553–88.

Jeffrey T. Checkel , and Andrew Moravcsik . 2001. A Constructivist Research Program in EU Studies? European Union Politics 2 (2):219–49.

Michelle P. Egan 2001. Constructing an European Market: Standards, Regulation and Governance. Oxford: Oxford University Press.

James D. Fearon 1998. Bargaining, Enforcement, and International Cooperation. International Organization 52 (2):269305.

Martha Finnemore , and Kathryn Sikkink . 1998. International Norm Dynamics and Political Change. International Organization 52 (4):887917.

Gregory Flynn , and Henry Farrell . 1999. Piecing Together the Democratic Peace: The CSCE and the “Construction” of Security in Post–Cold War Europe. International Organization 53 (3):505–35.

A. Michael Froomkin . 2000a. The Death of Privacy? Stanford Law Review 52 (5):1461–543.

A. Michael Froomkin . 2000b. Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution. Duke Law Journal 50 (1): 17184.

John Geanakoplos . 1992. Common Knowledge. Journal of Economic Perspectives 6 (4):5382.

Jack L. Goldsmith 2000. Unilateral Regulation of the Internet: A Modest Defence. European Journal of International Law 11 (1):135–48.

David R. Johnson , and David Post . 1996. Law and Borders: The Rise of Law in Cyberspace. Stanford Law Review 48 (5):1367–402.

James Johnson . 2002. How Conceptual Problems Migrate: Rational Choice, Interpretation, and the Hazards of Pluralism. Annual Review of Political Science 5:223–48.

Christoph Knill , and Dirk Lehmkuhl . 2002. Private Actors and State: Internationalization and Changing Patterns of Governance. Governance 15 (1):4163.

Walter Mattli . 2001a. Private Justice in a Global Economy: From Litigation to Arbitration. International Organization 55 (4):919–47.

Walter Mattli . 2001b. The Politics and Economics of International Institutional Standards Setting: An Introduction. Journal of European Public Policy 8 (3):328–44.

Rodger A. Payne 2001. Persuasion, Frames and Norm Construction. European Journal of International Relations 7 (1):3761.

Thomas Risse . 2000. ‘Let's Argue!’: Communicative Action in World Politics. International Organization 54 (1):141.

Ariel Rubinstein . 1991. Comments on the Interpretation of Game Theory. Econometrica 59 (4):909–24.

Frank Schimmelfennig . 2001. The Community Trap: Liberal Norms, Rhetorical Action, and the Eastern Enlargement of the European Union. International Organization 55 (1):4780.

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International Organization
  • ISSN: 0020-8183
  • EISSN: 1531-5088
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