CENTRAL ISSUES IN THE ANALYSIS OF INTERNATIONAL RULE MAKING Frank Vibert Senior Visiting Fellow

CENTRAL ISSUES IN THE ANALYSIS OF INTERNATIONAL

RULE MAKING

Frank Vibert

Senior Visiting Fellow

THE ROLE OF ECONOMIC ANALYSIS

• IN DESCRIBING THE RULE MAKING ENVIRONMENT.

• IN ANALYSING THE TWO KEY ISSUES:

– THE DEMOCRATIC DEFICIT.– THE FAILURES OF RULE MAKERS.

DESCRIBING THE ENVIRONMENT

• TWO FEATURES TO DESCRIBE AND EXPLAIN:

• MULTIPLICITY OF ORGANISATIONAL FORMS.

• MULTIPLICITY OF INSTRUMENT TYPES.

THE MULTIPLICITY OF ORGANISATIONAL FORMS:I

• POTENTIAL EXPLANATIONS IN ECONOMICS.

• CLUB CREATION?

• COMPETITION?– DELIBERATE POLICY OF CREATING

SUBSTITUTE FORUMS.

• EMPIRE BUILDING?– (FAVOURS AFFILIATES NOT RIVALS).

THE MULTIPLICITY OF ORGANISATIONAL FORMS: II

• POLITICAL SCIENCE EXPLANATIONS:– NORMS v CLUBS v EXPERT GROUPS.

• SOCIOLOGICAL EXPLANATIONS:– PROFESSIONS (ABBOTT).– STRUCTURAL HOLES. (BURT).

MULTIPLICITY OF INSTRUMENT TYPES

• POTENTIAL EXPLANATIONS IN ECONOMICS:– CREDIBLE COMMITMENT. (GAME THEORY).

• EXPLANATION IN THE SOCIOLOGY OF LAW:– RECONCILING INCLUSIVENESS IN

CONTRACTING (FLEXIBILITY) WITH LAW AS A LAST RESORT IN IMPLEMENTATION.

– GROWTH OF INTERMEDIATE INSTRUMENTS.

ANALYSIS: 1. THE DEMOCRATIC DEFICIT.

• THE APPROACH OF ECONOMICS.– P/A THEORY.

• THE APPROACH OF POLITICAL SCIENCE:– MULTI LEVEL GOVERNANCE. (FORM).– THE ‘TWO STEP’.

• THE APPROACH OF SOCIOLOGY.– DIFFUSION. (ACTORS, THEIR LOGIC AND

PROCESS).

Treatment of dissent

Approach of economics -secession

Approach of political science- power sharing (consociational)

Approach of law- legal pluralism.

ANALYSIS II: FAILURE

• THE APPROACH OF ECONOMICS.– CAPTURE?– IRRATIONAL GOALS? – ENDS /MEANS IRRATIONALITY (PSYCHOLOGY).

• THE APPROACH OF POLITICAL SCIENCE.– EPISTEMIC ELITES.– SCALE INFLEXIBILITY.

• THE APPROACH OF SOCIOLOGY.– DISPOSITIONS;– THE CORPORATE ANALOGY (EXECUTIVE,

CULTURAL, COGNITIVE).

THE RESIDUAL ROLE OF ECONOMIC ANALYSIS

• STABILITY OF ARRANGEMENTS. – ECONOMISING ON TRANSACTION COSTS.

• CONVERGENCE ON HYBRID FORMS?– EXPERT/UNIVERSAL– PUBLIC/PRIVATE.

• (the market place for institutions & agreements).

WHY RESIDUAL ROLE???

• ISSUES FOUNDATIONAL (BEHIND THE VEIL OF CONSTITUTIONAL ECONOMICS).

• ISSUES OFTEN NORMATIVE.

• THE DIVIDE WITH SOCIOLOGY. (METHODOLOGICAL).

• .

THE FUTURE

• BEHAVIOURAL RESEARCH.

• WORLD CONSTITUTIONALISM