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| 1 |
ID:
139794
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| Summary/Abstract |
This research note hypothesizes that international agreements including a finite duration provision or with a shorter expected duration should take less time to negotiate. Using a random sample of agreements across different issue areas, it finds statistical support for this hypothesis. Agreements without a finite duration provision experienced a bargaining phase that was twice as long as agreements including a finite duration provision and otherwise short-term agreements. This result not only offers empirical support for the theoretical proposition that a longer shadow of the future leads to increased bargaining delay—it also has important policy implications. International negotiators can include a finite duration provision when they prefer a shorter bargaining phase to a potentially more durable agreement, and they can avoid this feature when they prefer a more durable agreement, although this decision comes with the cost of additional bargaining delay. By treating finite duration provisions as an independent variable, this result also addresses a critique of the research program on the rational design of international institutions that it moves backward by considering only design features as dependent variables.
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| 2 |
ID:
147551
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| Summary/Abstract |
To reach agreement, international negotiators often compromise by using flexible language: they make controversial provisions vague, or add options and caveats. Does flexibility in agreement language influence subsequent state behavior? If so, do states follow both firm and flexible language somewhat, as negotiators hope? Or do governments respond strategically, increasing their energies on firmly specified tasks, and reducing their efforts on flexibly specified ones? Testing theories about agreement language is difficult because states often reserve flexible language for controversial provisions. To make causal claims, we study an unusually drafted agreement in which states had almost no opportunity to dilute agreement language. We examine the influence of the 1991 Paris Principles on the Design of National Human Rights Institutions (NHRIs), using an original data set of twenty-two institutional safeguards of NHRIs in 107 countries, and case studies. We find that variations in agreement language can have large effects on state behavior, even when the entire agreement is nonbinding. Both democracies and authoritarian states followed the principles' firm terms closely. However, authoritarian states either ignored or reduced their efforts on flexibly specified tasks. If flexibly specifying a task is no different from omitting it altogether, as our data suggest, the costs of compromise are much greater than previously believed.
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