IDEAS home Printed from https://ideas.repec.org/a/wly/reggov/v8y2014i3p269-286.html
   My bibliography  Save this article

To enforce or not to enforce? Judicialization, venue shopping, and global regulatory harmonization

Author

Listed:
  • Dirk De Bièvre
  • Arlo Poletti
  • Lars Thomann

Abstract

The regulation of intellectual property rights takes place in a range of international venues. This proliferation of international venues greatly enhances the potential for venue shopping. We argue that different levels of domestic regulation and differing degrees of judicialization account for actors' preferences over institutional venues. We take into consideration two scenarios. Conceiving of judicialization as the delegation of adjudication to an independent third party and the enforcement through multilaterally authorized sanctions, we show that: (i) upward regulatory harmonization leads actors preferring weak regulatory intellectual property rights standards to strive for venues with low degrees of judicialization, whereas those favoring stringent intellectual property rights protection prefer highly judicialized venues; and (ii) downward harmonization leads to the opposite constellation of institutional preferences. We show how these expectations hold by way of in‐depth case studies of two instances of global intellectual property rights regulation: the regulation of plant genetic resources and intellectual property rights for medicines.

Suggested Citation

  • Dirk De Bièvre & Arlo Poletti & Lars Thomann, 2014. "To enforce or not to enforce? Judicialization, venue shopping, and global regulatory harmonization," Regulation & Governance, John Wiley & Sons, vol. 8(3), pages 269-286, September.
    • Handle: RePEc:wly:reggov:v:8:y:2014:i:3:p:269-286
    DOI: 10.1111/rego.12017
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/rego.12017
    Download Restriction: no
    File URL: https://libkey.io/10.1111/rego.12017?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Robyn Eckersley, 2004. "The Big Chill: The WTO and Multilateral Environmental Agreements," Global Environmental Politics, MIT Press, vol. 4(2), pages 24-50, May.
    2. Goldstein, Judith & Kahler, Miles & Keohane, Robert O. & Slaughter, Anne-Marie, 2000. "Introduction: Legalization and World Politics," International Organization, Cambridge University Press, vol. 54(3), pages 385-399, July.
    3. Dãœr, Andreas & De Biãˆvre, Dirk, 2007. "Inclusion without Influence? NGOs in European Trade Policy," Journal of Public Policy, Cambridge University Press, vol. 27(1), pages 79-101, May.
    4. Andrew Moravcsik, 1993. "Preferences and Power in the European Community: A Liberal Intergovernmentalist Approach," Journal of Common Market Studies, Wiley Blackwell, vol. 31(4), pages 473-524, December.
    5. Goldstein, Judith & Martin, Lisa L., 2000. "Legalization, Trade Liberalization, and Domestic Politics: A Cautionary Note," International Organization, Cambridge University Press, vol. 54(3), pages 603-632, July.
    6. Raustiala, Kal & Victor, David G., 2004. "The Regime Complex for Plant Genetic Resources," International Organization, Cambridge University Press, vol. 58(2), pages 277-309, April.
    7. Maskus, Keith E., 2002. "Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards," World Trade Review, Cambridge University Press, vol. 1(2), pages 135-152, July.
    8. Rosendorff, B. Peter, 2005. "Stability and Rigidity: Politics and Design of the WTO's Dispute Settlement Procedure," American Political Science Review, Cambridge University Press, vol. 99(3), pages 389-400, August.
    9. Hoekman, Bernard M. & Kostecki, Michel M., 2009. "The Political Economy of the World Trading System," OUP Catalogue, Oxford University Press, edition 3, number 9780199553778.
    10. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521819145.
    11. Gurry, Francis, 1999. "The Dispute Resolution Services of the World Intellectual Property Organization," Journal of International Economic Law, Oxford University Press, vol. 2(2), pages 385-398, June.
    12. Koremenos, Barbara & Lipson, Charles & Snidal, Duncan, 2001. "The Rational Design of International Institutions," International Organization, Cambridge University Press, vol. 55(4), pages 761-799, October.
    13. Steinberg, Richard H., 2002. "In the Shadow of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO," International Organization, Cambridge University Press, vol. 56(2), pages 339-374, April.
    14. Fearon, James D., 1998. "Bargaining, Enforcement, and International Cooperation," International Organization, Cambridge University Press, vol. 52(2), pages 269-305, April.
    15. Noah Zerbe, 2007. "Contesting Privatization: NGOs and Farmers' Rights in the African Model Law," Global Environmental Politics, MIT Press, vol. 7(1), pages 97-119, February.
    16. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Johann Robert Basedow, 2022. "Why de‐judicialize? Explaining state preferences on judicialization in World Trade Organization Dispute Settlement Body and Investor‐to‐State Dispute Settlement reforms," Regulation & Governance, John Wiley & Sons, vol. 16(4), pages 1362-1381, October.
    2. Lucia Quaglia & Aneta Spendzharova, 2022. "Regime complexity and managing financial data streams: The orchestration of trade reporting for derivatives," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 588-602, April.
    3. Aysegul Sirakaya, 2020. "A balanced ABS system: Stakeholder perception on ABS goals," Sustainable Development, John Wiley & Sons, Ltd., vol. 28(3), pages 495-503, May.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Thomas Gehring & Benjamin Faude, 2014. "A theory of emerging order within institutional complexes: How competition among regulatory international institutions leads to institutional adaptation and division of labor," The Review of International Organizations, Springer, vol. 9(4), pages 471-498, December.
    2. Oliver Westerwinter & Kenneth W. Abbott & Thomas Biersteker, 2021. "Informal governance in world politics," The Review of International Organizations, Springer, vol. 16(1), pages 1-27, January.
    3. Tobias Böhmelt & Gabriele Spilker, 2016. "The interaction of international institutions from a social network perspective," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 16(1), pages 67-89, February.
    4. Stephen, Matthew D. & Parízek, Michal, 2019. "New Powers and the Distribution of Preferences in Global Trade Governance: From Deadlock and Drift to Fragmentation," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 24(6), pages 735-758.
    5. Todd Allee & Manfred Elsig, 2016. "Why do some international institutions contain strong dispute settlement provisions? New evidence from preferential trade agreements," The Review of International Organizations, Springer, vol. 11(1), pages 89-120, March.
    6. Christina Davis, 2015. "The political logic of dispute settlement: Introduction to the special issue," The Review of International Organizations, Springer, vol. 10(2), pages 107-117, June.
    7. Tobias Böhmelt & Edita Butkutė, 2018. "The self-selection of democracies into treaty design: insights from international environmental agreements," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(3), pages 351-367, June.
    8. Bayer, Patrick & Marcoux, Christopher & Urpelainen, Johannes, 2013. "Leveraging private capital for climate mitigation: Evidence from the Clean Development Mechanism," Ecological Economics, Elsevier, vol. 96(C), pages 14-24.
    9. Fabio Franchino & Camilla Mariotto, 2021. "Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance," European Union Politics, , vol. 22(4), pages 591-610, December.
    10. Daniel Berliner & Aseem Prakash, 2012. "From norms to programs: The United Nations Global Compact and global governance," Regulation & Governance, John Wiley & Sons, vol. 6(2), pages 149-166, June.
    11. Oliver Westerwinter, 2015. "Joost Pauwelyn, Ramses A. Wessel and Jan Wouters (Eds.). 2012. Informal international lawmaking. (Oxford: Oxford University Press)," The Review of International Organizations, Springer, vol. 10(1), pages 97-101, March.
    12. Richard Pomfret & Keith Maskus, 2014. "The New Globalisation of Intellectual Property Rights: What's New This Time?," Australian Economic History Review, Economic History Society of Australia and New Zealand, vol. 54(3), pages 262-284, November.
    13. Barbara Koremenos, 2007. "If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 189-212, January.
    14. Mareike Kleine, 2013. "Knowing your limits: Informal governance and judgment in the EU," The Review of International Organizations, Springer, vol. 8(2), pages 245-264, June.
    15. Thomas Bernauer & Anna Kalbhenn & Vally Koubi & Gabriele Spilker, 2013. "Is there a “Depth versus Participation” dilemma in international cooperation?," The Review of International Organizations, Springer, vol. 8(4), pages 477-497, December.
    16. Catherine Z. Worsnop, 2017. "Domestic politics and the WHO’s International Health Regulations: Explaining the use of trade and travel barriers during disease outbreaks," The Review of International Organizations, Springer, vol. 12(3), pages 365-395, September.
    17. Simon Schropp, Kornel Mahlstein, 2007. "The Optimal Design of Trade Policy Flexibility in the WTO," IHEID Working Papers 27-2007, Economics Section, The Graduate Institute of International Studies, revised Dec 2007.
    18. Hannah Murphy & Aynsley Kellow, 2013. "Forum Shopping in Global Governance: Understanding States, Business and NGOs in Multiple Arenas," Global Policy, London School of Economics and Political Science, vol. 4(2), pages 139-149, May.
    19. Johannes Urpelainen, 2011. "Early birds: Special interests and the strategic logic of international cooperation," The Review of International Organizations, Springer, vol. 6(2), pages 113-140, July.
    20. Jean-Frédéric Morin, 2020. "Concentration despite competition: The organizational ecology of technical assistance providers," The Review of International Organizations, Springer, vol. 15(1), pages 75-107, January.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:reggov:v:8:y:2014:i:3:p:269-286. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1748-5991 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.