Post by miriammuraba on Oct 29, 2014 3:11:36 GMT 4
"Managing the Risks of International Agreement"
Richard B. Bilder, Managing the Risks of International Agreement (University of Wisconsin Press, 1981)
Univ. of Wisconsin Legal Studies Research Paper No. 1327
see: papers.ssrn.com/sol3/papers.cfm?abstract_id=2510910
RICHARD BILDER, University of Wisconsin Law School
Email: rbbilder@wisc.edu
Treaties and other international agreements are the principal means by which nations resolve their differences and arrange to cooperate with each other. But such agreements frequently involve uncertainty and risks — in particular, risks that the agreement may turn out to be less desirable or more costly than expected or that the other participant or participants may not carry out their side of the bargain. Unless diplomats and lawyers negotiating international agreements can find ways to design their proposed agreements so as to meet these concerns, negotiations may fail and the potential benefits of cooperation may be lost.
The premise of this book, written by a former attorney in the Office of the Legal Adviser of the U.S. Department of State, is that nations can overcome the obstacles that risks pose for cooperation through more effective treaty design and the appropriate use of risk management techniques. This book suggests a framework for analyzing the risks of international agreement and discusses a broad array of timeless techniques and treaty design strategies that can help states to manage such risks and achieve mutually advantageous cooperation.
The author first examines the nature and importance of international agreements, the different kinds of risks such agreements pose, and the broad options open to nations in dealing with problems of risk. He then turns to a detailed classification and analysis of various kinds of risk management and compliance-enhancing devices, including tacit and other nonbinding arrangements, deliberate ambiguity, third-party dispute settlement, waiver and withdrawal provisions, reservations, verification (including surveillance and inspection), order of performance, sanctions, escrow, hostage devices, and third-party guarantees. The author gives real-world examples of the various techniques and discusses their advantages and disadvantages. In conclusion, he points out limits of risk management techniques, discusses the relevance of attitudes of trust and distrust to problems of risk management, suggests ways in which risk management techniques can be made more effective, and emphasizes the need for further research and analysis — particularly empirical research — if we are to more fully understand these problems and help nations cooperate. An Appendix presents a checklist of the risk management techniques discussed.
Richard B. Bilder, Managing the Risks of International Agreement (University of Wisconsin Press, 1981)
Univ. of Wisconsin Legal Studies Research Paper No. 1327
see: papers.ssrn.com/sol3/papers.cfm?abstract_id=2510910
RICHARD BILDER, University of Wisconsin Law School
Email: rbbilder@wisc.edu
Treaties and other international agreements are the principal means by which nations resolve their differences and arrange to cooperate with each other. But such agreements frequently involve uncertainty and risks — in particular, risks that the agreement may turn out to be less desirable or more costly than expected or that the other participant or participants may not carry out their side of the bargain. Unless diplomats and lawyers negotiating international agreements can find ways to design their proposed agreements so as to meet these concerns, negotiations may fail and the potential benefits of cooperation may be lost.
The premise of this book, written by a former attorney in the Office of the Legal Adviser of the U.S. Department of State, is that nations can overcome the obstacles that risks pose for cooperation through more effective treaty design and the appropriate use of risk management techniques. This book suggests a framework for analyzing the risks of international agreement and discusses a broad array of timeless techniques and treaty design strategies that can help states to manage such risks and achieve mutually advantageous cooperation.
The author first examines the nature and importance of international agreements, the different kinds of risks such agreements pose, and the broad options open to nations in dealing with problems of risk. He then turns to a detailed classification and analysis of various kinds of risk management and compliance-enhancing devices, including tacit and other nonbinding arrangements, deliberate ambiguity, third-party dispute settlement, waiver and withdrawal provisions, reservations, verification (including surveillance and inspection), order of performance, sanctions, escrow, hostage devices, and third-party guarantees. The author gives real-world examples of the various techniques and discusses their advantages and disadvantages. In conclusion, he points out limits of risk management techniques, discusses the relevance of attitudes of trust and distrust to problems of risk management, suggests ways in which risk management techniques can be made more effective, and emphasizes the need for further research and analysis — particularly empirical research — if we are to more fully understand these problems and help nations cooperate. An Appendix presents a checklist of the risk management techniques discussed.