Skip to main content
×
Home
    • Aa
    • Aa

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

Abstract

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.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

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.

David Dessler . 1989. What's at Stake in the Agent-Structure Debate? International Organization 43 (3):441–73.

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.

Stephen D. Krasner 1991. Global Communications and National Power: Life on the Pareto Frontier. World Politics 43 (3):336–66.

Friedrich V. Kratochwil , and John Gerard Ruggie . 1986. International Organization: A State of the Art on an Art of the State. International Organization 40 (4):753–75.

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.

James D. Morrow 1994. Modeling the Forms of International Cooperation: Distribution Versus Information. International Organization 48 (3):387423.

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.

Oran R. Young 1991. Political Leadership and Regime Formation: On the Development of Institutions in International Society. International Organization 45 (3):281308.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

International Organization
  • ISSN: 0020-8183
  • EISSN: 1531-5088
  • URL: /core/journals/international-organization
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 46 *
Loading metrics...

Abstract views

Total abstract views: 292 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 29th May 2017. This data will be updated every 24 hours.