Constructing the International Foundations of E-Commerce—The EU-U.S. Safe Harbor Arrangement

@article{Farrell2003ConstructingTI,
  title={Constructing the International Foundations of E-Commerce—The EU-U.S. Safe Harbor Arrangement},
  author={Henry Farrell},
  journal={International Organization},
  year={2003},
  volume={57},
  pages={277 - 306}
}
  • H. Farrell
  • Published 1 March 2003
  • Economics
  • International Organization
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… 
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References

SHOWING 1-10 OF 109 REFERENCES
Globalization and Social Protection: The Impact of EU and International Rules in the Ratcheting up of U.S. Data Privacy Standards
Contemporary critiques of globalization processes often focus on the potential leveling of regulatory standards and the export by the United States of neoliberal norms of deregulation and market
Managing U.S.-Eu Trade Relations Through Mutual Recognition and Safe Harbor Agreements: 'New' and 'Global' Approaches to Transatlantic Economic Governance?
A central goal in governing the interface of the economies of the United States and European Community (EC) is to reconcile the objectives of protective social regulation, on the one hand, and free
Constructing a European Market: Standards, Regulation, and Governance
Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop
The Internet as a Source of Regulatory Arbitrage
The Internet is a transnational communication medium. Once connected, there is little that a single country can do to prevent citizens from communicating with the rest of the world without
Private Justice in a Global Economy: From Litigation to Arbitration
Drawing on the analytical framework developed by Barbara Koremenos, Charles Lipson, and Duncan Snidal in the Rational Design project, I seek to shed light on the striking institutional differences
International organization: a state of the art on an art of the state
International organization as a field of study is where the action is. The analytical shifts leading up to the current preoccupation with international regimes have been both progressive and
The politics and economics of international institutional standards setting: an introduction
The multi-faceted and multi-layered world of standards and standards developing organizations (SDOs) has been undergoing fundamental changes in the last decade or two, dramatically raising the
Governments, globalization, and international business
It is a cliche to say that we live in a globalized world in which investment flows, communications and the operations of multinationals from all parts of the world have changed the character of the
Safe harbours are hard to find: the trans-Atlantic data privacy dispute, territorial jurisdiction and global governance
  • S. Kobrin
  • Law
    Review of International Studies
  • 2003
The trans-Atlantic dispute over application of the European Union's Data Directive (1995) is discussed as a case study of an emerging geographic incongruity between the reach and domain of the
Unilateral Regulation of the Internet: A Modest Defence
This article analyses the conflicts-of-law problems that supposedly arise from the fact that every nation can unilaterally regulate every Internet transaction. It argues that the threat of multiple
...
...