Constructing the International Foundations of E-Commerce: The EU-US Safe Harbor Arrangement

Much recent international relations scholarship has argued that states are unable to control e-commerce, so that private actors are coming to play a dominant role. However, this body of literature fails to account for emerging “hybrid institutions,” in which states create general frameworks of rules, which are then implemented by private actors. This article examines a prominent example of such an institution, the EU-U.S. Safe Harbor arrangement in the field of privacy, and sets out an alternative explanation of state–private actor relations in the sphere of e-commerce. It shows how Safe Harbor had its origins in efforts by the European Union (EU) and United States to mitigate problems of interdependence that threatened to undermine the principles of order on which their regulatory systems were based. Safe Harbor reflects neither the EU nor U.S. approach, but rather a novel blend of state and private regulation. The article demonstrates the vital role of argument and persuasion in identifying Safe Harbor as a solution, and in negotiating its particulars. It finds that conventional game-theoretic accounts of bargaining are unable to explain the negotiation of Safe Harbor, and argues that constructivist approaches should pay more attention to how argument can disclose new possibilities of action.

Henry Farrell (2003), “Constructing the International Foundations of E-Commerce: The EU-US Safe Harbor Arrangement,” International Organization, 57, 2: 277-306.

Access the full article here

Other Writing:

Essay

Will Governments Restrict Foreign Access to Pandemic Supplies? – with Abraham Newman

As the Covid-19 pandemic unfolds, there is a lurking threat that we can no longer ignore: What happens if countries hoard or even nationalize vital resources to fight the disease? On March 2, according to the New York Times, the White House tried to persuade CureVac, a German company that is working on a Covid-19 ...
Read Article
Academic Article

Self-Segregation or Deliberation? Blog Readership, Participation and Polarization in American Politics – with Eric Lawrence and John Sides

Political scientists and political theorists debate the relationship between participation and deliberation among citizens with different political viewpoints. Blogs provide an important testing ground for their claims. We examine deliberation, polarization, and political participation among blog readers. We find that blog readers gravitate toward blogs that accord with their political beliefs. Few read blogs on ...
Read Article