Conclusion: The Causes and Consequences of Legalization

Abstract

The intersection of law and politics provides tentative answers for two questions: First, why, among the variety of institutional forms available to governments, are legalized institutions preferred in some contexts and not in others? Second, what are the consequences of legalization? Explanations for variation in legalization are directed to the supply of legalized institutions, grounded in the preferences of the most powerful states. Those preferences are shaped, in turn, by domestic political demands for legalization as well as unanticipated domestic political dynamics that can increase legalization over time. Domestic political demands for legalization have increased as a result of international economic integration; the effects of democratization have been more ambiguous. Outside the industrialized democracies, the intersection of supply and demand is often different: supply of legalized institutions is lower and sovereignty costs are often higher. The authors in this special issue examine three important consequences of legalization: its effects on government compliance with international agreements, its impact on the evolution of international norms, and the conditions under which it will harden and spread. In each case, domestic political links are central to the effects of legalization. International agreements and institutions that are legalized, compared with those that are not, seem to be more deeply rooted in domestic politics: their existence often draws on both anticipated and unanticipated actions by domestic actors; their consequences are shaped by domestic characteristics and constituencies.