¹ Sanctions can be considered a form of coercively induced cooperation. On sanctions in general, see Martin, Lisa, Coercive Cooperation: Explaining MultilateralEconomic Sanctions (Princeton: Princeton University Press, 1992)Google Scholar; idem, and, “Credibility, Costs, and Institutions: Cooperation on Economic Sanctions,” World Politics 45 (April 1993)Google Scholar.

² See Robert Keohane's discussion in which he distinguishes between harmony and cooperation. Keohane, , After Hegemony (Princeton: Princeton University Press, 1984), 51—54Google Scholar.

³ “Convention on Biological Diversity,” June 1992 (hereafter cited as “CBD”), International Legal Materials, vol. 31 (Washington, D.C.: American Society of International Law, 1992), 818.

⁴ See the special issue of International Organization 46, no. 1 (1992), edited by Peter Haas and Emanuel Adler.

⁵ Biodiversity is distinct from the global climate change case. The U.S. arguably did provide cover for governments in Europe by effectively vitiating that regime's potentially costly emissions commitment. While the biodiversity regime would clearly benefit from U.S. participation, it is not essential. See Raustiala, Kal and Victor, David G., “Biodiversity since Rio: The Future of the Convention on Biological Diversity,” Environment 38 (May 1996)Google Scholar.

⁶ Mendelsohn, Robert and Balick, Michael, “The Value of Undiscovered Pharmaceuticals in Tropical Forests,” Economic Botany 49, no. 2 (1995)CrossRefGoogle Scholar.

⁷ Pearce, David, Economic Values and the Natural World (London: Earthscan, 1993)Google Scholar.

⁸ Lyster, Simon, International Wildlife Law (Cambridge: Grotius, 1985)CrossRefGoogle Scholar.

⁹ National Science Board, Loss of Biological Diversity: A Global Crisis Requiring International Solutions (Washington, D.C.: NSB, 1989)Google Scholar.

¹⁰ For example, it is conceivable that the CBD could mandate that only parties may purchase agricultural strains based on protected resources, but, in practice, this would be unworkable and might clash with international trade norms and rules.

¹¹ Golley, Frank Benjamin, A History of the Ecosystem Concept in Ecology: More Than the Sum of Its Parts (New Haven: Yale University Press, 1993)Google Scholar.

¹² For example, the loss of a cancer-fighting plant somewhere in the world will harm Britons and Americans similarly—both will suffer from not having that treatment. The loss of biodiversity and ecosystems within a nation will obviously impact that nation more directly because of the loss of useful ecological functions and amenities. But there is little reason to believe that such loss matters systematically: Would less biodiverse Britain suffer more from the loss of local species, or would biodiverse U.S. have more to lose and hence be hit harder by such loss?

¹³ Works that stress the importance of scientific input to environmental cooperation without adopting the epistemic-community approach include Brenton, Tony, The Greening ofMachiavelli (London: Earthscan, 1994)Google Scholar; Caldwell, L. K., International Environmental Policy, 2d ed. (Durham, N.C.: Duke University Press, 1990)Google Scholar; Benedick, Richard, Ozone Diplomacy (Cambridge: Harvard University Press, 1991)Google Scholar; Tarlock, A. Dan, “Environmental Law: The Roles of NGOs in the Development of International Environmental Law,” Chicago-Kent Law Review 68, no. 1 (1992)Google Scholar.

¹⁴ Haas, Peter, Saving the Mediterranean: The Politics of International Environmental Cooperation (New York: Columbia University Press, 1990), xxiiGoogle Scholar.

¹⁵ Haas, Peter, “Banning Chloroflourocarbons: Epistemic Community Efforts to Protect Stratospheric Ozone,” International Organization 46 (Winter 1992)CrossRefGoogle Scholar.

¹⁶ Ibid., 215–16.

¹⁷ See, e.g., Goldstein, Judith, “International Law and Domestic Institutions: Reconciling North American ‘Unfair Trade’ Laws,” International Organization 50 (Autumn 1996)CrossRefGoogle Scholar; Gourevitch, Peter, “Squaring the Circle: The Domestic Sources of International Cooperation,” International Organization 50 (Spring 1996)CrossRefGoogle Scholar; Slaughter, Anne-Marie, “International Law in a World of Liberal States,” European Journal of International Lain 6, no. 4 (1995)Google Scholar; Katzenstein, Peter, ed., Between Power and Plenty: Foreign Economic Policies of Advanced Industrial States (Madison: University of Wisconsin Press, 1978)Google Scholar; Weaver, Kent and Rockman, Bert, eds., Do Institutions Matter? (Washington, D.C.: Brookings Institution, 1993)Google Scholar; Lijphart, Arend, Democracies (New Haven: Yale University Press, 1984)Google ScholarPubMed; Stigler, George, ed., Chicago Studies in PoliticalEconomy (Chicago: University of Chicago Press, 1988)Google Scholar; Noll, Roger, ed., Regulatory Policy and the Social Sciences (Berkeley: University of California Press, 1985)Google Scholar.

¹⁸ As Peter Cowhey has argued, “National politicians have been unlikely to accept any global [regulatory] regime that fails to reinforce the preferred domestic regime.” Cowhey, “International Telecommunications Regime: The Political Roots of Regimes for High Technology,” International Organization 44 (Spring 1990), 171. For a very different view of administrative structure and its relation to foreign policy, see Kissinger, Henry, “Domestic Structure and Foreign Policy,” Daedalus 95 (Spring 1966)Google Scholar.

¹⁹ Chayes, Abram and Chayes, Antonia Handler, The New Sovereignty (Cambridge: Harvard University Press, 1995), 14Google Scholar.

²⁰ A critical assumption for this argument is that states negotiate in good faith and expect to implement what they negotiate. In other words, states typically expect ex ante to comply. For an argument in favor of this assumption, see Chayes and Chayes (fn. 19); and idem, “On Compliance” International Organization 47 (Spring 1993)Google Scholar.

²¹ See, e.g., Milner, Helen, Resisting Protectionism (Princeton: Princeton University Press, 1988)Google Scholar.

²² By contrast, an account of state choice in international environmental policy that emphasizes the domestic impact of environmental problems is developed by Detlef Sprinz and Tapani Vaahtoranta. They begin with a rational unitary actor premise and examine ecological vulnerability—the degree to which a state experiences harm—and varying compliance costs. States are categorized based on these factors: “pushers,” “draggers,” etc. States that experience the same level of harm and costs should react identically. While potentially helpful, this perspective offers little explanatory purchase here: the U.S. and the U.K. faced similar degrees of harm and similar costs of compliance in the basic economic sense the authors propose. Sprinz and Vaahtoranta, “The Interest-Based Explanation of International Environmental Policy,” International Organization 48 (Winter 1994)Google Scholar.

²³ Sanchez, Vicente and Juma, Calestous, eds., Biodiplomacy (Nairobi: ACTS Press, 1994)Google Scholar; IUCN, “Legal Measures for Supporting the Conservation of Biological Diversity: A Background Document for IUCN Gen. Assembly Workshop 3” (IUCN, n.d.); and Burhenne-Guilmin, Françoise and Casey-Lefkowitz, Susan, “The Biodiversity Convention,” in Handl, Gunther, ed., Yearbook of International Environmental Law (Norwell, Mass.: Kluwer Academic Publishers, 1992)Google Scholar.

²⁴ CBD (fn. 3), Article 16.

²⁵ Pharmaceutical companies lose an estimated $6 billion annually from the pirating of pantented medicinals. Gareth Porter, “The United States and the Biodiversity Convention: The Case for Participation,” EESI Papers on Environment and Development, no. 1 (1992), 10.

²⁶ Anonymous interviews, U.S. government, by the author, Washington, D.C., March 21, 1995.

²⁷ One analyst observed that “the treaty might just as appropriately have been designated the ‘Convention on Biotechnology Transfer.’” Dan Burk et al., “Biodiversity and Biotechnology,” Science, June 25, 1993.

²⁸ Val Giddings and Gabrielle Persley, “Biotechnology and Biodiversity,” UNEP/Bio.Div./SWGB.1/3, October 12, 1990.

²⁹ While the U.S. was successful in striking a direct call for a biosafety protocol from the CBD, the parties are slated to develop one by 1998.

³⁰ United Kingdom, Declaration Made after the Adoption of Agreed Text ofthe Biodiversity Convention.

³¹ For a more extensive summary of U.S. and U.K. behavior, see Kal Raustiala, “The Domestic Politics of Biodiversity Protection in the U.S. and U.K.,” in Economy, Elizabeth and Schreurs, Miranda, eds., The Internationalization of Environmental Protection (New York: Cambridge University Press, forthcoming)Google Scholar.

³² BNA Daily Report for Executives, June 8, 1992.

³³ “Chief U.S. Negotiator Unsure Whether Bush Will Be Able to Sign Pact in Rio,” BNA International Environment Daily, May 21, 1992; Anonymous interviews, U.S. State Department, by author, Washington, D.C., February 27, 1995, March 16, 1995; Anonymous interviews, U.K. delegates, by author, London, September 29, 1994.

³⁴ David Mclntosh and John Cohressen to Bill Kristol, memo, April 14, 1992. In the words of one administration source, “The biggest thing Interior fought about was endangered species. They don't want any reference to genetic diversity.... We are battling to go even as far as U.S. law allows.” Gareth Porter, interview by author, Washington, D.C., May 4, 1995.

³⁵ Porter (fn. 25); Russ Hoyle, “Deep-sixing Biodiversity,” Biotechnology (August 1992). While the Council played an important role in the formation of U.S. policy, its independent contribution is small. Council members reflected and amplified concerns—over IPR, land use, federalism—that stemmed from deeper sources within the structure of the U.S. political system and the particular societal interests to which the Bush administration was beholden.

³⁶ UPI, May 30, 1992, BC cycle.

³⁷ Ibid.

³⁸ Lawrence Aragon, “Diversity Collides with Biotech R&D: Intellectual Property Rights Stymie United States Backing of Biological Diversity Treaty,” The Business Journal—San Jose, June 15, 1992.

³⁹ Richard Stone, “The Biodiversity Treaty: Pandora's Box or Fair Deal?” Science, June 19, 1992; anonymous interviews, Biotechnology Industry Organization, by author, Washington, D.C., March 3, 1995.

⁴⁰ Burk et al. (fn. 27).

⁴¹ Anonymous interviews, U.K. government, by author, London, October 13, 1994.

⁴² UPI, June 9, 1992, BC cycle.

⁴³ UNEP, Declaration of the United Kingdom of Great Britain and Northern Ireland, “Convention on Biological Diversity,” Na.92–8314.

⁴⁴ UNEP, Declaration of the United States of America, “Convention on Biological Diversity,” Na.92–8314.

⁴⁵ Senate Committee on Foreign Relations to Senator Mitchell, letter, August 5,1994; Secretaries Christopher, Babbit, and Esty to Senator Mitchell, reply, August 16, 1994.

⁴⁶ WRI, IUCN, and UNEP, Global Biodiversity Strategy (n. p: 1992).

⁴⁷ Haas, Peter, “Introduction: Epistemic Communities and International Policy Coordination,” International Organization 46 (Winter 1992), 3CrossRefGoogle Scholar.

⁴⁸ For a similar account, see Peterson, M. J., “Whalers, Cetologists, Environmentalists, and the International Management of Whaling,” International Organization 46 (Winter 1992)CrossRefGoogle Scholar.

⁴⁹ On problems and solutions, see the argument in Kingdon, John, Agendas, Alternatives, and Public Politics (New York: Little, Brown, 1984)Google Scholar.

⁵⁰ See letter to President Clinton, April 15, 1993, from the directors of Merck, Genetech, WWF, WRI, The Energy and Environment Studies Institute, and Shaman Pharmaceuticals, on file with author. The draft of the interpretative statement was used almost verbatim by the U.S. government.

⁵¹ Haas (fn. 15).

⁵² See, e.g., Katzenstein (fn. 17); also Ikenberry, G. John, Lake, David A., and Mastanduno, Michael, “Introduction: Approaches to Explaining American Foreign Economic Policy,” in Ikenberry, Lake, and Mastanduno, eds., The State and American Foreign Economic Policy (Ithaca, N.Y.: Cornell University Press, 1988)Google Scholar.

⁵³ See, in particular, Vogel, David, National Styles ofRegulation:Environmental Policy in Great Britain and the United States (Ithaca, N.Y.: Cornell University Press, 1985)Google Scholar.

⁵⁴ Neustadt, Richard, Presidential Power and the Modern Presidents (New York; Free Press, 1990), 29Google Scholar.

⁵⁵ Punnett, R. H., British Government and Politics (Great Britain: Waveland Press, 1988)Google Scholar; Cox, Gary, The Efficient Secret (New York: Cambridge University Press, 1987)CrossRefGoogle Scholar; James, Simon, British Cahinet Government (New York: Routledge, 1992)Google Scholar; Grant, Wyn, Business and Politics in Britain (New York: Macmillan, 1993)CrossRefGoogle Scholar.

⁵⁶ Formally, the power to conclude and ratify international treaties is invested in the Crown, without any need for participation by the Parliament. In practice, the cabinet exercises this power.

⁵⁷ “Once a treaty is made, the Senate has no special authority in relation to it. The President later interprets the treaty for purposes of executing it. Congress—both houses—interprets the treaty for legislative purposes. Courts may interpret it for their purposes. The Supreme Court's interpretation of a treaty made in deciding a case or controversy is authoritative for purposes of [U.S.] law and is binding on all courts as well as on the political branches.” Henkin, Louis, Constitutionalism, Democracy, and For-eignAffairs (New York: Columbia University Press, 1990)Google Scholar.

⁵⁸ On the importance of courts in environmental regulation, see, e.g., Melnick, R. Shep, Regulation and the Courts: The Case ofthe Clean Air Act (Washington, D.C.: Brookings Institution: 1983)Google Scholar.

⁵⁹ One core difference is the role of courts. On the rise in the last twenty years in the comparative power of the British judiciary, see Schwartz, Bernard, Lions over the Throne: The Judicial Revolution in English Administrative Law (New York: New York University Press, 1987)Google Scholar; idem, “Wade's New Edition and Its Relevance for Americans,” Administrative Law Review 42 (Winter 1990)Google Scholar.

⁶⁰ Vogel (fn. 53); Brickman, Ronald et al. , Chemical Regulation and Cancer:A Cross-National Study of Policy and Politics (Ithaca, N.Y.: Program on Science, Technology, and Policy, Cornell University, 1982)Google Scholar; Jasanoff, Sheila, “Cultural Aspects of Risk Assessment in Britain and the U.S.,” in Johnston, Branden B. and Covello, Vincent T., eds., The Social and Cultural Construction ofRisk: Essays on Risk Selection andPerception (Boston: D. Reidel, 1987), 359CrossRefGoogle Scholar; Enloe, Cynthia, The Politics ofPollution in a Comparative Perspective: Ecology and Power in FourNations (New York: McKay, 1975)Google Scholar.

⁴¹ Brickman et al. (fn. 60).

⁶² See especially Shapiro, Martin, Who Guards the Guardians? Judicial Control of Administration (Atlanta: University of Georgia Press, 1988)Google Scholar; Melnick, R. Shep, “The Politics of Benefit-Cost Analysis,” Brookings General Series Reprints, no. 442 (Washington, D.C.: Brookings Institution, 1991)Google Scholar; and Stewart, Richard, “The Reformation of American Administrative Law,” Harvard Law Review 88, no. 7 (1975)CrossRefGoogle Scholar. On Anglo-American law, see Atiyah, P. S. and Summers, R. S., Form and Substance in Anglo-American Law: A Comparative Study of Legal Reasoning, Legal Theory and Legal Institutions (New York: Oxford University Press, 1987)Google Scholar; Posner, Richard, Law and Legal Theory in the U.K. and U.S. (Oxford: Clarendon Press, 1996)Google Scholar.

⁶³ Sunstein, Cass, “What's Standing after Lujan? Of Citizen Suits, ‘Injuries,’ and Article III,” Michigan Law Review 91, no. 2 (1992)CrossRefGoogle Scholar; Wenner, Lettie M., “Environmental Policy in the Courts,” in Vig, Norman and Kraft, Michael, eds., Environmental Policy in the 1990s (Washington, D.C.: Congressional Quarterly Press, 1994)Google Scholar.

⁶⁴ Environmental Defense Fund v. Hardin, 428 F2d 1093 (Washington, D.C.: Circuit, 1970).

⁶⁵ Dwyer, John P., “Contentiousness and Cooperation in Environmental Regulation”, American Journal of Comparative Law 35 (Fall 1987), 820–23CrossRefGoogle Scholar.

⁶⁶ Waite, A. J., “An English Perspective on U.S. and U.K. Environmental Regulation,” Natural Resources and Environment 5 (Summer 1990)Google Scholar; Asimow, Michael, “Delegated Legislation: United States and United Kingdom,” Oxford Journal of Legal Studies 3 (Spring 1983)CrossRefGoogle Scholar; Wade, William, Administrative Law, 6th ed. (New York: Oxford University Press, 1988)Google Scholar; Dwyer (fn. 65).

⁶⁷ Asimow (fn. 66), 271.

⁶⁸ Ibid., 253.

⁴⁹ For an overview of federalism and international affairs, see Hocking, Brian, ed., Foreign Relations and Federal States (Leicester, U.K.: Leicester University Press, 1993)Google Scholar.

⁷⁰ International treaties have allowed the federal government to usurp certain otherwise protected state powers in the past; see Missouri v. Holland, 252 U.S. 416 (1921), which in fact related to international wildlife protection.

⁷¹ “White House Memo Warns of Problems with Draft Biodiversity Convention,” UNA Environmental Law Update, May 8, 1992. See also Miller, Henry, “Is the Biodiversity Treaty a Bureaucratic Time-Bomb?” Hoover Institution Essays in Public Policy 56 (1995)Google Scholar.

⁷² While there are salient legal divisions within the U.K. (e.g., Scotland), it remains a unitary state. Lijphart, Arend, Democracies (New Haven: Yale University Press, 1984)Google Scholar.

⁷³ Bicameral federalism also enhances the difficulty of passing implementing legislation. The need to have agreement in both houses increases the likelihood of obstruction and/or change.

⁷⁴ Agribusiness interests have now become involved.

⁷⁵ U.S. Congress, Office of Technology Assessment, Biotechnology in a GlobalEconomy, OTA-BA-494 (Washington, D.C.: U.S. Government Printing Office, October 1991), 241.

⁷⁶ Ibid.

⁷⁷ U.S. Congress, OTA (fn. 75).

⁷⁸ Dick Godown, quoted in Andy Coghlan, “Biodiversity Convention a ‘Lousy Deal’ Says U.S.,” New Scientist (July 4, 1992), 9.

⁷⁹ Ibid.

⁸⁰ Executive director, BIA, interview by author, London, June 8, 1994.

⁸¹ John Barton, in Stone (fn. 39). See also Paarlberg, Robert, Leadership Abroad Begins at Home: U.S. Foreign Economic Policy after the Cold War (Washington, D.C.: Brookings Institution, 1995), 41—45Google Scholar, 75–82. Paarlberg notes that “the mere possibility of domestic litigation can discourage U.S. entry into international enviromental agreements” (pg. 76).

⁸² Anonymous interview, U.S. government, by author, Washington, D.C., March 21, 1995.

⁸³ See the industry view in “Administration Gets High Marks on Interpretation of Biodiversity Treaty,” Biotechnology Newswatch, December 6, 1993, p. 4.

⁸⁴ Despite perceptions that U.K. biotechnology firms are already more highly regulated than American firms, the evidence is mixed. The “regulatory increment” added by the treaty provisions may be greater in the U.S. than in the U.K. if this perception is true. But a recent study by British industry and government officials found no strong evidence for this view. See United Kingdom, Department of Trade and Industry, “Report of an Ostems Missions to Investigate the Regulation, Patenting, and Public Perception of Biotechnology in the U.S.” (July 1993).

⁸⁵ Posner, Richard, The Federal Courts: Crisis and Reform (Cambridge: Harvard University Press, 1985), 18–19Google Scholar. Posner continues, “Today in contrast to his American counterparts, he is really a technician, and behaves like a technician.”

⁸⁶ Under the U.S. Constitution no property may be “taken” without compensation. For an overview, see Sax, Joseph, “Takings, Private Property, and Public Rights,” Yale Law Journal 81, no. 3 (1971)CrossRefGoogle Scholar.

⁸⁷ For a discussion of these issues, see Environmental Data Services, “ENDS Report 165,” September 1988; and Marc Levy, “The Greening of the United Kingdom” (Paper presented at the annual meeting of the American Political Science Association, Washington, D.C., 1991). The memberships of Greenpeace U.K. and Friends of the Earth U.K. increased by 600 percent between 1985 and 1989; Brenton (fn. 13), 126.

⁸⁸ Shabecoff, Phillip, “Shades of Green in the Presidential Campaign,” Issues in Science and Technology 9 (Fall 1992)Google Scholar.

⁸⁹ On the importance of foreign affairs commitments to voters, see John Aldrich, John Sullivan, and Eugene Borgida, “Foreign Affairs and Issue Voting,” American Political Science Review (March 1989).

⁹⁰ Anonymous interviews, U.S. government, by the author, Washington, D.C., March 16, 1995, April 3, 1995, and May 4, 1995; anonymous interviews, U.K. government, by the author, London, September 24, 1994, and October 13, 1994.

⁹¹ Political incentives and new understandings of the danger of U.S. nonaccession, e.g., the lack of input into the biosafety talks, help account for change in the U.S. position. While U.S. industry viewed accession to the CBD more favorably over time, the Clinton administration also had pledged to pursue environmental protection vigorously.

⁹² But this is not inherent in the approach. See Goldstein (fn. 17), who argues that domestic institutions and politics explain the choice by the U.S. to join an international institution that appeared to run counter to its interests.

⁹³ On realism, see Waltz, Kenneth, Theory ofInternationalPolitics (Reading, Mass.: Addison-Wesley, 1979)Google Scholar. On constructivism, see Alexander Wendt, “Constructing International Politics,” International Security (Winter 1995). On neoliberal institutionalism, see Keohane (fn. 2).

⁹⁴ Milner, Helen, “International Theories of Cooperation among Nations: Strengths and Weaknesses,” World Politics 44 (April 1992)CrossRefGoogle Scholar. For an excellent recent study of domestic politics and international cooperation, see Simmons, Beth, WhoAdjusts? Domestic Sources of Foreign Economic Policy during the Interwar Years (Princeton: Princeton University Press, 1994)Google Scholar.

⁹⁵ Evans, Peter, Jacobson, Harold, and Putnam, Robert, eds., Double-EdgedDiplomacy: International Bargaining andDomestic Politics (Berkeley: University of California Press, 1993)Google Scholar; see especially Andrew Moravcsik, “Introduction: Integrating International and Domestic Theories of International Bargaining.” See also Goldstein (fn. 17).

⁹⁶ On the implementation of environmental regimes, see David G. Victor, Kal Raustiala, and Eugene Skolnikoff, eds., The Implementation and Effectiveness of International Environmental Commitments (Cambridge, MIT Press, forthcoming). On capital adequacy, see Kapstein, Ethan, “Between Power and Purpose: Central Bankers and the Politics of Regulatory Convergence,” International Organization 46 (Winter 1992)CrossRefGoogle Scholar. The 1988 Convention on Illicit Trafficking in Narcotics commits parties, inter alia, to monitor and regulate the production of chemical precursors and manufacturing equipment.

⁹⁷ These phrases come from the recent twenty-one-volume series by the Brookings Institution entitled Integrating National Economics: Openness, Diversity, and Cohension; in particular, see Lawrence, Robert, Bressand, Albert, and Ito, Takatoshi, A Vision for the World Economy (Washington, D.C.: Brookings Institution, 1996)Google Scholar.

⁹⁸ Bodansky, Daniel, “The United Nations Framework Convention on Climate Change: A Commentary,” Yale Journal of International Law 18, no. 2 (1993)Google Scholar.

⁹⁹ Parson, Edward, “Protecting the Ozone Layer” in Haas, Peter, Keohane, Robert, and Levy, Marc, eds., Institutions for the Earth (Cambridge: MIT Press, 1993)Google Scholar; Benedick, Richard, Ozone Diplomacy (Cambridge: Harvard University Press, 1991)Google Scholar; Peterson (fn. 48).

¹⁰⁰ 447 U.S. 303 (1980); see also In re Hibbard, 227 U.S. P.Q, 443 (1995).

¹⁰¹ See Krasner, Stephen, “Global Communications and National Power: Life on the Pareto Frontier,” WorldPolitics 43 (April 1991)Google Scholar.

¹⁰² Governments may intentionally use international agreements as levers to circumvent or alter domestic institutions or processes; see, e.g., Goldstein (fn. 17).