Contracting States: Sovereign Transfers in International by Alexander Cooley

By Alexander Cooley

Increasingly this day geographical regions are stepping into agreements that contain the sharing or surrendering of elements in their sovereign powers and sometimes depart the cession of authority incomplete or obscure. yet beforehand, we've identified unusually little approximately how foreign actors layout and enforce those mixed-sovereignty preparations. Contracting States makes use of the concept that of "incomplete contracts"--agreements which are deliberately ambiguous and topic to destiny renegotiation--to clarify how states divide and move their sovereign territory and features, and reveal why a few of these preparations supply strong and lasting recommendations whereas others finally collapse.

construction on very important advances in economics and legislation, Alexander Cooley and Hendrik Spruyt improve a hugely unique, interdisciplinary technique and use it on a large variety of circumstances concerning overseas sovereign political integration and disintegration. The authors show the significance of incomplete contracting within the decolonization of territories as soon as held via Europe and the Soviet Union; U.S. in another country army basing agreements with host international locations; and in nearby economic-integration agreements similar to the ecu Union. Cooley and Spruyt study modern difficulties akin to the Arab-Israeli dispute over water assets, and convey why the foreign neighborhood inadequately ready for Kosovo's independence.

Contracting States presents suggestions to foreign policymakers approximately how states with both valid claims at the similar territory or asset can create versatile, sturdy strategies and stay away from violent conflict.

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Sample text

The issues that confront GM and Fisher are essentially the same as those confronting states and their cross-border deployment of fixed assets. When deploying fixed assets such as military bases overseas, states ideally would prefer sovereign hierarchy so that they could use these assets in any manner that they saw fit. For example, Britain’s deployment to bases that it can hold directly as sovereign territories (such as Diego Garcia, which is part of the British Indian Ocean Territory) is the analytic equivalent of GM incorporating Fisher.

We subsequently chart how these agreements were renegotiated and explore how these host countries used the bargaining power afforded by their residual rights of control to secure more beneficial terms. Decolonization thus usually involved bilateral negotiation and the distribution of fixed assets. Bargaining leverage over time was likely to shift to the host country (the newly independent state). Momentum favored further specification of ownership rights in favor of the host country and full sovereignty.

Under such “horizontal agreements,” states or other organizations jointly own the residual rights and incur the costs and benefits of using the asset. 39 Mattli 2001; Van Harten 2007. Furthermore, states are increasingly sharing sovereignty by agreeing to binding arbitration over commercial and/or even border disputes. See Simmons 2002. I N C O M P L E T E C O N T R A C T I N G T H E O RY 35 In the realm of international politics, however, their exclusive ownership by one contracting country would impose significant, and in some cases unacceptable, political costs on the other contracting party or even third parties.

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