Author: David Zaring

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School] Why does almost every country in the developed world have maternity leave, or government supported retirement programs? Katerina Linos knows the – always surprising to me, but repeatedly tested by political scientists – fact that countries adopt the policies of their similar, often nearby, neighbors. In The Democratic Foundations Of Policy Diffusion, she argues that there is good news underlying this trend of cross-border adoption. Rather than being a function of bureaucrats forcing, say Swiss health care models down the throats of American citizens, she shows that, across countries, and even among Americans themselves, 1) citizens prefer policies that are proposed with evidence of foreign and international organization endorsement; and 2) politicians invoke this sort of evidence when trying to mobilize support for their programs. This might strike your average American, who, if she is anything like me, is hardly maximally cosmopolitan, as implausible. How many voters, let alone the median American voters political scientists think about the most, care about how they do things in Canada, or can be bothered to find out? Will they really choose the suite of policies proposed by the leader who does the best job invoking the recommendations of the United Nations on the campaign trail? Linos makes a persuasive case that even in America her theory about policy diffusion holds true, partly because her argument proceeds not just from the evidence she gathers, but from two bedrock principles of social science. The first is related to that median voter proposition. Political scientists have become very skeptical of great man histories of the world. Americans, on this reading, are unlikely to support radical reform of the health care because the president really wanted them to do it, or because particularly persuasive norm entrepreneurs, be they in academia, the American Medical Association, or in European health agencies, assured elites that it would be a good idea. But that is how policy diffusion would work if it wasn’t supported by democratic foundations. Paired with evidence of the invocation of foreign practices in American politics, why wouldn’t we assume that rational American voters choose to do things the French way because they wanted to do so? The second bedrock social science proposition at work here, I think, turns on competition. Social scientists often posit the existence of markets in everything. Voters will always test the job their government is doing for them against the alternatives. Sometimes, those alternatives come from the other party. But isn’t it plausible to think that they might be interested in the alternatives provided in other countries as well? The plausibility of the story went a long way towards convincing me, but there are some other implications and cavils worth noting:

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School] Pauwelyn, Wessel, and Wouter’s excellent book, which in turn marks the fruition of a project on informal international lawmaking that they dub IN-LAW, is pretty good on the theory end of things, which is what this post will look at, and also critique....

[David Zaring is Assistant Professor of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School] This post is part of our symposium on Dean Schiff Berman's book Global Legal Pluralism. Other posts can be found in Related Posts below. Paul Berman is rethinking the global legal system with reference to both the plurality and the narrowness of modern community....

It’s a pleasure to be able to comment on Pierre-Hugues Verdier’s excellent, if critical, article on networks. I respond as a defender: in my view, networks have notched some impressive achievements, and at their best, have become primary vehicles of international governance. From bank capital adequacy to mutual recognition on drug regulation to accounting standards, their list of...

[David Zaring is Assistant Professor of Legal Studies and Business Ethics, Wharton School, University of Pennsylvania] Susan Franck’s essay makes the case for more empirical research in international economic law; a project that she has pursued – I might venture to say that she owns an important part of the field, given the unique and comprehensive data on investment arbitrations that...

My time at OJ has really flown, and it is now time for me to fly back to the rigors - and hopefully not the langours - of punchy (and prolific, heaven willing) article-drafting. There's been some debate, and even a symposium, about the possibilities of law blogs as scholarship. To this guest-blogger, the measure of those possibilities...

Administrative lawyers think that international antitrust is a particularly interesting form of bureaucratic cooperation. We see a world where antitrust has changed from a focus of international dissention - see the anger over the US assertion of extraterritorial jurisdiction and the effects test after WWII; note that it is the most cited American case in international law - to...

My colleague Rick Kirgis recently published a history of the American Society of International Law, from 1906-2006. It's a very interesting institution - one that started with optimism and gaudy names on the masthead (Elihu Root was the first president, three Supreme Court justices were vice presidents, as were two former secretaries of state, and William Howard Taft, then...

While international legal reponses to human testing are on my mind, I'll note that Pfizer has mysteriously been held in violation of international law for its "The Constant Gardener"-like drug testing of a new meningitis-fighter on Nigerian children. Mysteriously, because a) Pfizer isn't a state, and states are in theory, but often not in practice, the sole...

It's occasionally interesting to run cite counts for the leading cases in their fields. Doing so can tell you where the action is - or at least, the action in federal courts. I don't teach or write in traditional foreign relations or public international law, however, so the cases I examined may not be a very complete set....

Time to maybe shorten the posts a wee, wee dram, no? I’m delighted to guest for Opinio Juris in part because it does such a great job of keeping me up to date on international legal developments. And there are other high quality sites in the blogosphere that you might want to add to your RSS feed provider: - the...