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:

Chapter in an Edited Volume

“Social Institutions among Economists in the Wake of the Financial Crisis,” in Economy and Society in Europe: A Relationship in Crisis – eds. Luigi Burroni, Maarten Keune and Gugliemo Mardi

While an economy is always ‘embedded’ in society, the relationship between the two is undergoing profound changes in Europe, resulting in widespread instability which is emphasised by the current crisis. This book analyses these changes, and in particular pressures of intensifying international competition, globalization and financialization within Europe. Henry Farrell, “Social Institutions among Economists in ...
Read Article
Academic Article

AI as Governance

Henry Farrell, “AI as Governance,” Annual Review of Political Science, forthcoming.
Read Article