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Radioactive Waste Disposal at Sea: Public Ideas ... - IMO

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Explaining Regime Form<strong>at</strong>ion 119<br />

motiv<strong>at</strong>ed to join the group. A different p<strong>at</strong>tern of behavior, however, is<br />

observed in this case: a large group of governments increased the pressure<br />

on individual governments to cooper<strong>at</strong>e in a situ<strong>at</strong>ion where intern<strong>at</strong>ional<br />

public opinion encouraged collective action. Discussing how voluntary<br />

movements succeed to provide public goods when Olson’s collective action<br />

theory would predict their failure, it has similarly been noted th<strong>at</strong> “sometimes<br />

the mass media help to build up the equivalent of small-group, faceto-face<br />

social pressures” (Douglas and Wildavsky 1982, p. 116).<br />

In regard to regime form<strong>at</strong>ion more broadly, several of Oran Young’s<br />

propositions are confirmed in the case of this regime. First, integr<strong>at</strong>ive bargaining<br />

domin<strong>at</strong>ed over distributive bargaining. Second, despite objections<br />

by some countries (most prominently Brazil), it seems quite clear th<strong>at</strong> a large<br />

measure of justice was achieved in the end. Third, the approach taken in<br />

the convention was r<strong>at</strong>her straightforward and productive, supporting the<br />

importance of salient solutions. Fourth, the case evidently confirms the<br />

claim th<strong>at</strong> it is necessary th<strong>at</strong> st<strong>at</strong>es be guided by concern for joint interests<br />

and common goods.<br />

The case offers less support for the proposition about importance of<br />

shocks or crisis as it is necessary to differenti<strong>at</strong>e between developed countries<br />

(which generally were concerned about the ocean dumping problem)<br />

and developing countries (which generally were much less concerned or<br />

even unconcerned). Somewh<strong>at</strong> similarly, the first of the two propositions<br />

about policy priority (th<strong>at</strong> high policy priority is necessary for achieving<br />

agreement) is confirmed in the case of developed countries, but the second<br />

proposition (th<strong>at</strong>, conversely, low priority makes it easier to reach agreement)<br />

is supported in the case of the developing countries. The importance<br />

of establishing credible compliance mechanisms is neither confirmed nor<br />

disproved. And, unless interpreted quite broadly, the three probabilistic<br />

propositions hypothesizing th<strong>at</strong> focusing closely on the scientific and technical<br />

basis of the regime facilit<strong>at</strong>es negoti<strong>at</strong>ion are not supported in this<br />

case.<br />

As was described in chapter 4, one intern<strong>at</strong>ional conference sponsored by<br />

the U.S. Congress dealt specifically with ocean dumping, and several other<br />

conferences and intern<strong>at</strong>ional meetings brought together foreign decision<br />

makers, prominent environmentalists and ecologists, scientists, officials of<br />

intern<strong>at</strong>ional organiz<strong>at</strong>ions, and the Stockholm secretari<strong>at</strong> as part of the<br />

United St<strong>at</strong>es’ prepar<strong>at</strong>ions for the Stockholm conference. This fits well

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