New Sovereignty / Edition 1

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Overview

In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation.

The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop.

The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War.

The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.

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Editorial Reviews

The Fletcher Forum of World Affairs

In their first joint publication, Harvard law professor Abram Chayes and his wife, former undersecretary of the Air Force and Harvard faculty member Antonia Handler Chayes, have produced a valuable contribution to the theory and practice of international regimes...Their book, a readable synthesis of international law and political science, is a valiant and coordinated attempt to answer Kenneth Oye's question: 'If international relations can approximate both a Hobbesian state of nature and Lockean...society, why does cooperation emerge in some cases and not in others?...One of the many strengths of this book is an analytical style that is at once legalistic (emphasizing the binding nature of obligations) and political (recognizing the influence of power relationships, economic expediency, and municipal politics). Such an approach is clearly an attempt to bridge the gap between international relations scholars and international lawyers, as well as between theoreticians and policymakers. The authors' understanding is as broad as it is deep.
— Noah Rubins

International Affairs

This important book sets out to establish a more convincing theory of regime compliance. It begins with the observation that formal sanctions, whether military or economic, are usually ineffective and are always difficult to negotiate and implement. As a result, they are used sparingly and reluctantly to uphold regimes and cannot therefore carry the burden of achieving widespread adherence. Chayes and Chayes argue that coercion is not the primary instrument of compliance. In place of the standard 'enforcement model' they propose a 'managerial model' that is founded upon the mutual advantages of cooperation and upon the collective efforts of state bureaucracies and other actors to resolve problems through analysis and negotiation...This is a masterly analysis that deserves to become a standard work for both theorists and practitioners.
— William Walker

German Yearbook of International Law

[This is] a most welcome contribution to the much needed scholarly and political discourse over the future shape of the international system and its legal order under the impact of globalization. It is clear from the findings of the book that the role and status of states will very much change and will give room to other actors in international affairs. In other words, we are experiencing a process of transformation of the international system from a predominantly interstate system to a more participatory system in which, besides states, various non-state actors will play a significant role also in the elaboration, application and enforcement of the international legal order...The refreshing pragmatism that pervades the whole book speaks in favor of opting for the authors' notion of 'New Sovereignty'. One could interpret the term as providing a bridge from the old to the new order, i.e. international (global) civil society. This challenging and stimulating book is a 'must' for scholars, students and practitioners alike.
— Jost Delbrück

Thomas C. Schelling
I have long known, from associating with some of them, that the best legal scholars can be especially unlawyerly in the way they think about agreements, negotiations, and compliance. The approach of Chayes and Chayes is in my favorite tradition: neither legalistic nor formalistic, but full of sophisticated good sense based on personal experience and historical scholarship. Theirs is an original--and actually upbeat--way of thinking about international agreements.
The Fletcher Forum of World Affairs - Noah Rubins
In their first joint publication, Harvard law professor Abram Chayes and his wife, former undersecretary of the Air Force and Harvard faculty member Antonia Handler Chayes, have produced a valuable contribution to the theory and practice of international regimes...Their book, a readable synthesis of international law and political science, is a valiant and coordinated attempt to answer Kenneth Oye's question: 'If international relations can approximate both a Hobbesian state of nature and Lockean...society, why does cooperation emerge in some cases and not in others?...One of the many strengths of this book is an analytical style that is at once legalistic (emphasizing the binding nature of obligations) and political (recognizing the influence of power relationships, economic expediency, and municipal politics). Such an approach is clearly an attempt to bridge the gap between international relations scholars and international lawyers, as well as between theoreticians and policymakers. The authors' understanding is as broad as it is deep.
International Affairs - William Walker
This important book sets out to establish a more convincing theory of regime compliance. It begins with the observation that formal sanctions, whether military or economic, are usually ineffective and are always difficult to negotiate and implement. As a result, they are used sparingly and reluctantly to uphold regimes and cannot therefore carry the burden of achieving widespread adherence. Chayes and Chayes argue that coercion is not the primary instrument of compliance. In place of the standard 'enforcement model' they propose a 'managerial model' that is founded upon the mutual advantages of cooperation and upon the collective efforts of state bureaucracies and other actors to resolve problems through analysis and negotiation...This is a masterly analysis that deserves to become a standard work for both theorists and practitioners.
German Yearbook of International Law - Jost Delbrück
[This is] a most welcome contribution to the much needed scholarly and political discourse over the future shape of the international system and its legal order under the impact of globalization. It is clear from the findings of the book that the role and status of states will very much change and will give room to other actors in international affairs. In other words, we are experiencing a process of transformation of the international system from a predominantly interstate system to a more participatory system in which, besides states, various non-state actors will play a significant role also in the elaboration, application and enforcement of the international legal order...The refreshing pragmatism that pervades the whole book speaks in favor of opting for the authors' notion of 'New Sovereignty'. One could interpret the term as providing a bridge from the old to the new order, i.e. international (global) civil society. This challenging and stimulating book is a 'must' for scholars, students and practitioners alike.
International Affairs
This important book sets out to establish a more convincing theory of regime compliance. It begins with the observation that formal sanctions, whether military or economic, are usually ineffective and are always difficult to negotiate and implement. As a result, they are used sparingly and reluctantly to uphold regimes and cannot therefore carry the burden of achieving widespread adherence. Chayes and Chayes argue that coercion is not the primary instrument of compliance. In place of the standard 'enforcement model' they propose a 'managerial model' that is founded upon the mutual advantages of cooperation and upon the collective efforts of state bureaucracies and other actors to resolve problems through analysis and negotiation...This is a masterly analysis that deserves to become a standard work for both theorists and practitioners.
— William Walker
The Fletcher Forum of World Affairs
In their first joint publication, Harvard law professor Abram Chayes and his wife, former undersecretary of the Air Force and Harvard faculty member Antonia Handler Chayes, have produced a valuable contribution to the theory and practice of international regimes...Their book, a readable synthesis of international law and political science, is a valiant and coordinated attempt to answer Kenneth Oye's question: 'If international relations can approximate both a Hobbesian state of nature and Lockean...society, why does cooperation emerge in some cases and not in others?...One of the many strengths of this book is an analytical style that is at once legalistic (emphasizing the binding nature of obligations) and political (recognizing the influence of power relationships, economic expediency, and municipal politics). Such an approach is clearly an attempt to bridge the gap between international relations scholars and international lawyers, as well as between theoreticians and policymakers. The authors' understanding is as broad as it is deep.
— Noah Rubins
German Yearbook of International Law
[This is] a most welcome contribution to the much needed scholarly and political discourse over the future shape of the international system and its legal order under the impact of globalization. It is clear from the findings of the book that the role and status of states will very much change and will give room to other actors in international affairs. In other words, we are experiencing a process of transformation of the international system from a predominantly interstate system to a more participatory system in which, besides states, various non-state actors will play a significant role also in the elaboration, application and enforcement of the international legal order...The refreshing pragmatism that pervades the whole book speaks in favor of opting for the authors' notion of 'New Sovereignty'. One could interpret the term as providing a bridge from the old to the new order, i.e. international (global) civil society. This challenging and stimulating book is a 'must' for scholars, students and practitioners alike.
— Jost Delbrück
Library Journal
Bridging legal and political science scholarship, this unique book is an important contribution to the literature on treaty compliance and international regimes. Harvard Law School professor Chayes and his wife, both recognized experts on dispute settlement, approach this issue in the context of a "new sovereignty" characterized by complex networks of global cooperation and interdependence. Invoking numerous examples, all meticulously analyzed, they challenge the effectiveness of treaty enforcement by sanctions and promulgate a managerial model of compliance based on positive inducements to change state behavior. Although their underlying assumptions and strategy will not convince inveterate political realists, by exposing the limitations of punitive enforcement measures and advancing the case for voluntary incentives for compliance, they promote constructive thinking about alternative methods of international conflict resolution. This book will find a welcome home in international law and international relations collections and should generate considerable intellectual discussion.-David Ettinger, Gelman Lib., George Washington Univ., Washington, D.C.
Booknews
Argues that international treaties incorporating military and economic sanctions are misconceived, and presents a managerial model, relying on continuing dialogue among international officials and NGOs, as an alternative to the enforcement model for ensuring treaty compliance. Looks at treaties in areas such as arms control and human rights, and concludes that membership in good standing in the organizations through which the world manages its common affairs is the major pressure for compliance with treaty obligations. Of interest to scholars, policymakers, international civil servants, and lawyers. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780674617834
  • Publisher: Harvard University Press
  • Publication date: 10/1/1998
  • Edition description: REPRINT
  • Edition number: 1
  • Pages: 432
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.96 (d)

Meet the Author

Abram Chayes is Felix Frankfurter Professor of Law, Emeritus, Harvard Law School.

Antonia Handler Chayes is Director and Senior Advisor, Conflict Management Group. She is a former undersecretary of the U.S. Air Force.

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Table of Contents

Preface

A Theory of Compliance

Sanctions

Treaty-Based Military and Economic Sanctions

Membership Sanctions

Unilateral Sanctions

Toward a Strategy for Managing Compliance

Norms

Transparency, Norms, and Strategic Interaction

Reporting and Data Collection

Verification and Monitoring

Instruments of Active Management

Policy Review and Assessment

Nongovernmental Organizations

Revitalizing International Organizations

Appendix: List of Treaties

Notes

Index

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