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Institutional Complexity and Opportunity Structures: Weaker Actor Influence in International Intellectual Property Regulation

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  • Justus Dreyling

Abstract

Overlap among international institutions affects the strategic options that are available to actors. Yet no existing approach fully explains who benefits from regime complexity. While some point to materially powerful actors, others highlight weaker challengers of the status quo. Drawing on historical institutionalism, I conceptualize two dimensions of complexity. I argue that depending on the mode of interaction among the institutions in and the degree of institutional fragmentation of a governance area, opportunity structures for weaker challengers are more open or closed. Shifts on these dimensions over time thus lead to an opening or a closure of opportunity structures for challengers. I assess this argument by focusing on such shifts in two areas intellectual property regulation. The article contributes to the overall topic of the special issue and advances the literature on regime complexity by highlighting the divergent effects of different forms of institutional complexity on different classes of actors.

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  • Justus Dreyling, 2021. "Institutional Complexity and Opportunity Structures: Weaker Actor Influence in International Intellectual Property Regulation," Global Policy, London School of Economics and Political Science, vol. 12(S4), pages 37-46, May.
    • Handle: RePEc:bla:glopol:v:12:y:2021:i:s4:p:37-46
    DOI: 10.1111/1758-5899.12897
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    References listed on IDEAS

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    1. Thomas R. Eimer & Verena Sch�ren, 2013. "Convenient Stalemates: Why International Patent Law Negotiations Continue Despite Deadlock," New Political Economy, Taylor & Francis Journals, vol. 18(4), pages 533-554, August.
    2. Adam D. Sheingate, 2006. "Structure and Opportunity: Committee Jurisdiction and Issue Attention in Congress," American Journal of Political Science, John Wiley & Sons, vol. 50(4), pages 844-859, October.
    3. Anna Holzscheiter & Thurid Bahr & Laura Pantzerhielm, 2016. "Emerging Governance Architectures in Global Health: Do Metagovernance Norms Explain Inter-Organisational Convergence?," Politics and Governance, Cogitatio Press, vol. 4(3), pages 5-19.
    4. Urpelainen, Johannes & Van de Graaf, Thijs, 2015. "Your Place or Mine? Institutional Capture and the Creation of Overlapping International Institutions," British Journal of Political Science, Cambridge University Press, vol. 45(4), pages 799-827, October.
    5. 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.
    6. Jean-Fr�d�ric Morin, 2014. "Paradigm shift in the global IP regime: The agency of academics," Review of International Political Economy, Taylor & Francis Journals, vol. 21(2), pages 275-309, April.
    7. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521819145.
    8. 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.
    9. Frank Biermann & Philipp Pattberg & Harro van Asselt & Fariborz Zelli, 2009. "The Fragmentation of Global Governance Architectures: A Framework for Analysis," Global Environmental Politics, MIT Press, vol. 9(4), pages 14-40, November.
    10. Phillip Y. Lipscy, 2015. "Explaining Institutional Change: Policy Areas, Outside Options, and the Bretton Woods Institutions," American Journal of Political Science, John Wiley & Sons, vol. 59(2), pages 341-356, February.
    11. Holzscheiter, Anna & Bahr, Thurid & Pantzerhielm, Laura, 2016. "Emerging Governance Architectures in Global Health: Do Metagovernance Norms Explain Inter-Organisational Convergence?," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 4(3), pages 5-19.
    12. Johnson, Tana & Urpelainen, Johannes, 2012. "A Strategic Theory of Regime Integration and Separation," International Organization, Cambridge University Press, vol. 66(4), pages 645-677, October.
    13. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398.
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