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The relationship between national sovereignty and international efficiency under various international agreements. It discusses the contamination effect that prevents countries from containing violations of sovereignty caused by agreements and highlights the distinction between agreements that mitigate international externalities and those that erode sovereignty. The document also considers the impact of international agreements on different forms of sovereignty, including domestic, international legal, interdependence, and Westphalian sovereignty.
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Abstract What are the sovereign rights of nations in an interdependent world, and to what extent do these rights stand in the way of achieving internationally e¢ cient outcomes? These two questions rest at the heart of contemporary debate over the role and design of international institutions as well as growing tension between globalization and the preser- vation of national sovereignty. In this chapter, we propose answers to these two questions. We do so by Örst developing formal deÖnitions of national sovereignty that build on fea- tures of sovereignty emphasized in the international political economy literature. We then utilize these deÖnitions to describe the degree and nature of national sovereignty pos- sessed by countries in a benchmark (Nash) world in which there exist no international agreements of any kind. And with national sovereignty characterized in this benchmark world, we then evaluate the extent to which national sovereignty is compromised by inter- national agreements with speciÖc design features. In this way, we delineate the degree of tension between national sovereignty and international objectives and describe how that tension can be minimized ñand sometimes in principle even eliminated ñthrough careful institutional design.
This is a revised and updated version of our working paper Bagwell and Staiger (2004). For many helpful comments on the previous version, we thank Robert Keohane, Stephen Krasner, Alberto Martin, Jon Peve- house, Jeremy Rabkin, Donald Regan, Guido Tabellini and seminar participants at Berkeley, Notre Dame, the Stockholm School and the NOITS Workshop in Copenhagen, and we thank the National Science Foundation (award number SES-0214021) for support. We are also grateful to Lili Yan Ing and Miaojie Yu for providing very helpful comments on this version. y
zDepartment of Economics, Stanford University; and NBER. Department of Economics, Dartmouth College; and NBER.
ìOf all the rights possessed by a nation, that of sovereignty is doubtless the most important.îEmmerich de Vattel in The Law of Nations, as quoted in Jeremy Rabkin, Why Sovereignty Matters, p. 27.
What are the sovereign rights of nations in an interdependent world, and to what extent do these rights stand in the way of achieving internationally e¢ cient outcomes? These questions rest at the heart of contemporary debate over the role and design of international institutions as well as growing tension between globalization and the preservation of national sovereignty. But answers are elusive. This is attributable in part to the fact that national sovereignty is a complex notion, reáecting a number of di§erent features. And it is attributable as well to the fact that nations interact in increasingly complex and interdependent ways, making it di¢ cult to draw clear distinctions between international and domestic a§airs. In this chapter, we propose answers to these questions. We do so by Örst developing for- mal deÖnitions of national sovereignty that build on features of sovereignty emphasized in the international political economy literature. We then utilize these deÖnitions to describe the de- gree and nature of national sovereignty possessed by countries in a benchmark (Nash) world in which there exist no international agreements of any kind. And with national sovereignty characterized in this benchmark world, we evaluate the extent to which national sovereignty is violated by international agreements with speciÖc design features. In this way, we delineate the degree of tension between national sovereignty and international objectives and describe how that tension can be minimized ñand sometimes in principle even eliminated ñthrough careful institutional design.
We begin by describing a benchmark two-country model of international interdependence. In this benchmark model, an international ìexternalityî variable deÖnes the interdependence between the two countries, and this variable is modeled in a way that is general enough to allow the nature of this interdependence to take a variety of possible forms, ranging from international trade to the depletion of a common-pool resource to global climate change. Within this benchmark model, we develop a working deÖnition of sovereignty. Our starting point for deÖning sovereignty is the Westphalian norm of ìnon-intervention in the internal a§airs of other statesî(Krasner, 1999, p. 20). To make this norm operational, we
the matters that concern the internal a§airs of each country are that countryís choices among all its policy combinations that are consistent with a given contribution to and level of the externality variable, since its payo§ in this choice problem is independent of the actions of external actors. We put our deÖnition of sovereignty to work by evaluating according to this deÖnition the consequences of various forms of international agreements for national sovereignty. SpeciÖcally, we consider Örst whether it is possible to eliminate the ine¢ ciencies that arise in the Nash equilibrium with international agreements that are limited only to the external a§airs of each country, and thereby to navigate all the way to the international e¢ ciency frontier without violating national sovereignty by means of such agreements. Our Örst main result is that this is indeed possible within the benchmark model. That is, we show that it is always possible within the benchmark model to pick any point on the international e¢ ciency frontier that could be achieved by international negotiations over all policy instruments, and to achieve that point with international negotiations that are limited only to the external a§airs of each country, i.e., to the level of the externality variable and each countryís contribution to it. We next consider the way in which a countryís sovereignty is violated within our benchmark model when the country negotiates international commitments that concern its internal a§airs. Such commitments directly violate a countryís sovereignty, but we show that direct violations of sovereignty can also imply further indirect violations of sovereignty as well, under which government decisions that are not the subject of international negotiation are nevertheless distorted away from the decisions that would normally have been made under the domestic institutional arrangements of the country. We argue that this ìcontamination e§ectîgenerally prevents countries from containing violations of sovereignty caused by international agreements to narrow subsets of policy instruments. In fact, we establish as our second main result that within our benchmark model any international agreement that involves direct commitments over matters that are the internal a§airs of a country must in general violate that countryís sovereignty over at least as many policy instruments as it preserves. Our Örst two results highlight an important distinction between international agreements that mitigate international externalities and international agreements that erode national sov- ereignty, and indicate that it can be possible to have the former without the latter and so allow national sovereignty and international e¢ ciency to coexist in harmony. But questions remain as to (i) whether this harmony is likely to extend to environments beyond those captured by
our benchmark model, and (ii) the degree to which prominent channels of interdependence between countries can be identiÖed that Önd representation in the environment described by our benchmark model. These questions are taken up in the second half of the chapter. We consider a variety of settings that go beyond our benchmark model, and Önd that the harmony between national sovereignty and international e¢ ciency does not always survive in these extended settings. For example, we identify a conáict between national sovereignty and international e¢ ciency that arises whenever an externality variable is completely determined by the policy choices of a single country. This is because in this case the externality variable becomes this countryís internal a§airs according to our deÖnition, and subjecting the externality variable to the constraints of an international agreement (which would be necessary to achieve international e¢ ciency in this case) would therefore violate the countryís sovereignty. Another particularly salient extension of the benchmark model that we consider is to a world of ìsmallîcountries. When all countries are small in relation to the externality variable, we show that each countyís contribution to the externality variable again becomes its internal a§airs. This in turn implies that, when all countries are small, any international agreement that constrains countries from pursuing their Nash policy choices must violate their sovereignty. Accordingly, as we demonstrate, whether or not the harmony between national sovereignty and international e¢ ciency described above survives in a world of small countries hinges on whether governments agree or disagree in the Nash equilibrium over the direction that they would like the externality variable to move. If all governments agree, then the Nash equilibrium in the small-country case is ine¢ cient and an international agreement will be required to reach the e¢ ciency frontier, implying necessarily that national sovereignty and international e¢ ciency will stand in conáict in this case. However, if there is disagreement, then the Nash equilibrium in the small-country case is e¢ cient, and in this case the harmony between national sovereignty and international e¢ ciency identiÖed above survives in a world of small countries. Of course, which of these two cases is applicable will depend on the nature of the externality variable under consideration, but as we later demonstrate, the latter case has special signiÖcance in the context of international trade agreements.
Besides being of interest in their own right, these extensions of our benchmark model high- light an important feature of our approach: rather than tailoring our deÖnition of sovereignty on a case-by-case basis so that national sovereignty is necessarily in harmony with interna- tional e¢ ciency in all circumstances, we propose a formal deÖnition of sovereignty and then
rule coupled with a market access agreement can facilitate the attainment of internationally e¢ cient outcomes that do not compromise national sovereignty. In light of our Öndings, we discuss the basic harmony between the underlying GATT/WTO principles and the maintenance of national sovereignty, and we suggest that this harmony may be at risk as a result of changes that are occurring within the WTO.
The chapter proceeds as follows. Section 2 describes the two-country benchmark model. Section 3 develops our formal deÖnition of sovereignty, characterizes the nature and degree of sovereignty in the Nash equilibrium, and relates this characterization to notions of sovereignty in the international political economy literature. Section 4 considers how national sovereignty is a§ected under international agreements that adopt alternative designs within the benchmark model, while section 5 considers the issue of sovereignty within a number of extensions of the benchmark model. Section 6 establishes that the benchmark model and all its results can be given a trade interpretation, and extends the modeling environment to a multilateral setting to consider the implications of a non-discrimination rule for our sovereignty results. Section 7 concludes. An Appendix contains proofs not included in the body of the chapter.
In this section we describe a benchmark model of international interdependence that is general enough to allow interdependence to take a wide variety of forms. Our benchmark model has two countries (territories), referred to respectively as the home and foreign country, in which private agents (home and foreign citizens) reside. Each country has a government, and each government is endowed with a set of (tax and/or regulatory) policy instruments, represented by the 1 I vector i for the home government and the 1 I^ vector i^ for the foreign government, that are applied by each government to activities within its territory. The objectives of the home and foreign governments are represented by the respective functions G(i; x~(i; i)) and G(i; x~(i; i)), with the equilibrium level of the ìexternalityîvariable x~(i; i) entering into each government objective function and embodying the nature of the policy spillovers between the two countries. The ability to represent government objectives in this way reáects an essential assumption of our benchmark model, namely, that there exists a well-deÖned channel (e.g., the level of a price or the quantity of a pollutant) through which the e§ect of each governmentís policy choices on the other governmentís objectives (the externality) travels. Aside from global concavity assumptions on the G and G^ functions to ensure that second-
order conditions are globally satisÖed, the only additional structure we impose in the benchmark model is that ~x(i; i) is a well-behaved function deÖned implicitly according to
f (g(i;x); g(i; x); x) = 0 ; (2.1) with fggik 6 = 0 for some k and fg g im 6 = 0 for some m;
where here and throughout we use subscripts on a function to denote the partial derivative of that function with respect to the subscripted argument. In e§ect, g represents the home countryís ìcontributionîto the determination of the equilibrium level of the externality variable ~x, a contribution that is assumed to be impacted by at least one policy instrument of the home government (i.e., gik 6 = 0 for some k); and this contribution is deÖned for a given level of the externality once the home-country policy instruments are determined. An analogous interpretation holds for g. The function f then aggregates the contributions of the home and foreign country to determine the equilibrium level of the externality x~ according to f () = 0, under the assumption that f is impacted by changes in either countryís contribution (i.e., fg 6 = 0 6 = fg ).
As we conÖrm in section 6 below, this structure is consistent with a setting in which the interdependence across countries is purely pecuniary and takes the form of international trade, with (2.1) then amounting to a market-clearing condition. But this structure is general enough as well to include many other forms of interdependence.
For example, x might represent the density of the Ösh population in a common Öshery, with g representing the home catch when the home áeet operates in the policy environment i and faces a Ösh population density x, and with g^ representing the foreign catch when the foreign áeet operates in the policy environment i^ and faces a Ösh population density x. In this setting, it would be natural that gx > 0 and g x > 0. The equilibrium density of the Ösh population, given the policy environment faced by home and foreign áeets, ~x(i; i), is then determined according to (2.1). Alternatively, x might represent the temperature of the globe, with g representing the home countryís carbon output when the home industry operates in the policy environment i and faces a global temperature x, and with g^ representing the carbon output of the foreign country when the foreign industry operates in the policy environment i^ and faces a global temperature x. Here it could be that gx R 0 and g x R 0 depending on circumstances. The equilibrium temperature of the globe, given the policy environment faced by home and foreign
The joint solutions to (2.2) and (2.3) deÖne the Nash equilibrium of the benchmark model, which throughout we assume exists and is unique.
We next characterize the international e¢ ciency frontier and evaluate the e¢ ciency prop- erties of the Nash equilibrium. We deÖne the international e¢ ciency frontier with respect to the objectives of each government. Accordingly, the international e¢ ciency frontier solves the following program:
Program 2 : max i;i;x G(i; x) s.t. (i) G(i; x) G, and (ii) f (g(i;x); g(i; x); x) = 0:
Using Program 2, and letting k = 1 denote a domestic and foreign policy instrument for which gik 6 = 0 and g i k 6 = 0, it is direct to derive the Örst-order conditions that characterize the international e¢ ciency frontier:
Gik = gik g^ Gi^1 i 1
for k = 2; :::; I; (2.4)
G i k =
g i k G i 1 gi 1 for^ k^ = 2; :::; I
; and (2.5)
Gi 1 G i 1 + Gi 1 G x x~i 1 + G i 1 Gx x~i 1 = 0; (2.6)
along with the complementary slackness conditions ensuring that the Kuhn-Tucker multiplier on constraint (i) of Program 2 is non-negative: