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

The Folly of Decoupling From China – with Abraham Newman

On May 14, U.S. President Donald Trump threatened to break the United States’ economic relationship with China. “There are many things we could do,” he told Fox Business host Maria Bartiromo. “We could cut off the whole relationship. Now if you did, what would happen? You’d save $500 billion.” It was Trump’s most extreme anti-China ...
Read Article
Interview

“Panopticons and Chokepoints,” an interview with Richard Byrne

A new view of international relations puts global networks – and how they can be weaponized – at its center. What’s the future of regulation in this new landscape? “The debate we see at the moment is never going to be about trade and open markets in the same kind of way anymore,” says Farrell. ...
Read Article