The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in a larger web of international rules and regimes? Karen Alter and Sophie Meunier's introductory essay defines international regime complexity and identifies the mechanisms through which it may influence the politics of international cooperation. Short contributions analyze how international regime complexity affects politics in specific issue areas: trade (Christina Davis), linkages between human rights and trade (Emilie Hafner-Burton), intellectual property (Laurence Helfer), security politics (Stephanie Hofmann), refugee politics (Alexander Betts), and election monitoring (Judith Kelley). Daniel Drezner concludes by arguing that international regime complexity may well benefit the powerful more than others.
To what extent can the European Court of Justice, an international court, make decisions that go against the interests of European Union member states? Neofunctionalist accounts imply that because the Court is a legal body it has vast political autonomy from the member states, whereas neorealist accounts imply that because member states can sanction the ECJ, the Court has no significant political autonomy. Neither theory can explain why the Court, which was once politically weak and did not stray far from the interests of European governments, now boldly rules against their interests. In explaining how the Court escaped member state control, this article develops a general hypothesis of the autonomy of the ECJ, focusing on how differing time horizons of political and judicial actors, support for the Court within the national judiciaries, and decision-making rules at the supranational level limit the member states' ability to control the Court.
The signature feature of twenty-first-century international cooperation is arguably not the regime but the regime complex. A regime complex is an array of partially overlapping and nonhierarchical institutions that includes more than one international agreement or authority. The institutions and agreements may be functional or territorial in nature. International regime complexity refers to international political systems of global governance that emerge because of the coexistence of rule density and regime complexes. This article highlights insights and questions that emerge from the last 15 years of scholarship on the politics of international regime complexity, explaining why regime complexes arise, what factors sustain them, and the range of political effects regime complexity creates. Our conclusion explains why, in a post-American world order, the trend of greater international regime complexity will likely accelerate.
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