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Governance Without A State? Policies and Politics in Areas of Limited Statehood Meets
Governance Without A State? Policies and Politics in Areas of Limited Statehood Meets
Governance Without A State? Policies and Politics in Areas of Limited Statehood Meets
Alexander Fink*
Abstract
The contributors to Governance Without a State? take the existence of areas of limited
statehood as a starting point and analyze forms of governance observable under these
circumstances. I provide an overview of Governance Without a State? by relating its
contributions to analyses of aspects of anarchy in the economics literature.
*
Alexander Fink; Institut für Wirtschaftspolitik; University of Leipzig; Grimmaische Str. 12; 04109
Leipzig; Germany; Email: alexander.fink@uni-leipzig.de, Phone: +49 341 97 33 564
where states are absent, too weak, or unwilling to provide “governance by government”
(p. 9).1 Governance as understood by the editor of the volume, Thomas Risse, stands for
binding rules, or to provide collective goods” (p. 9). Following the introduction by the
editor, nine chapters explore various aspects of governance in situations where social
cooperation does not take place in the shadow of a modern western democratic nation-
state. As Risse highlights (p. 2), today and historically the modern nation-state of the
western democratic variety has been the exception rather than the rule. To date, the vast
majority of humans have not lived their lives in western-style democratic states. The
present volume is highly relevant for social scientists who are interested in understanding
Governance Without a State? take the existence of areas of limited statehood as a starting
point (p. 9) and analyze forms of governance observable under these circumstances.
phenomena in the absence of an entity that holds a geographic monopoly over the
provision of law and order (Boettke 2011, 128). Since the 1970s economists have added
Governance without a State?, since the 1980s economists have increasingly turned to
1
References that only include page numbers throughout the essay refer to contributions to Governance
without a State?
-1-
The articles collected in Governance Without a State? and the works on analytical
anarchism share in common the insight that social cooperation does not vanish when a
international affairs, history, and law who participate in the Collaborative Research
Foundation.
and enforce its decisions in part of its territory, with respect to certain policy areas, with
regard to certain members of society, or for a period of time (pp. 4-5). The editor stresses
that “limited statehood does not mean anarchy in a Hobbesian sense” (p. 9). Contributors
to the research program identified by Boettke (2005, 2011) as Positive Political Economy
of Anarchism also do not assume that a Hobbesian fight of all against all persists when a
central authority with a monopoly over the use of force is absent. The term “anarchy” is
used here to indicate the absence of a state holding a monopoly over the use of force and
has therefore a similar meaning as the term “limited statehood” used by the contributors
2
See Powell and Stringham (2009) for a recent extensive review of the literature on the political economy
of anarchy.
-2-
Section 3 discusses select contributions of Governance without a State? in light of
insights from the economics literature on the problems of improving the lives of people in
developing countries by changing the governance conditions from the outside. Chapter 4
2 Endogenous governance
state-provided enforcement. The contributions are related to the theoretical and empirical
monitor potential defectors and punish those caught red-handed. When individuals
expect to interact with one another repeatedly and information concerning an individuals’
past behavior travels quickly among the members of the group, the individuals’ strive for
a good reputation fosters social cooperation under the division of labor. Therefore,
-3-
In the chapter “Law Without a State? A ‘New Interplay’ Between State and
insights from analyses of alternative legal systems located outside of modern nation
diamond traders (1992) and the cotton industry (2001) and of Ellickson’s (1991)
regulatory systems, Schuppert focuses on the lex sportiva, the rules of international
sports. He relies mostly on Ipsen (2008) and argues that the self-regulated lex sportiva
functions well due to a hierarchical organization of competitive sports. Under the roof of
the International Olympic Committee national and regional associations organize various
sports in geographic units. Given the hierarchical organization the members have an
incentive to respect the decisions of the international Court of Arbitration for Sports in
Lausanne. In his review of the literature on standard setting, Schuppert finds that various
the process of standardization and argues that due to its similarity to lawmaking similar
In his conclusion, Schuppert lays out potential future research avenues. Among
others, Schuppert (pp. 82-83) calls for detailed analyses of “systems of law in areas of
limited statehood” that include “customary law, local law, traditional law, and religion-
based law.” There are numerous examples of such studies to be found in the economics
literature. The coalition governance structure among medieval Maghrebi traders (Greif
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1989, 1993), the rules of Amsterdam securities traders in the 17th century (Stringham
2003), the coalition formed by merchants of British and American origin in 19th century
Mexican California (Clay 1997), and the legal systems developed by individuals on the
U.S. frontier in the 19th century (Anderson and Hill 1979, 2004), by inhabitants of
medieval Iceland (Friedman 1979), and by 18th century pirates (Leeson 2007) are all
analyses of incidents where socially homogenous group members could maintain social
cooperation via the threat of multilateral punishment in the absence of a modern western-
style nation state.3 These studies of episodes from the more distant past may provide
some orientation for investigations of the more recent past in areas of limited statehood.
2012a, 2012b, 2012c, 2012d, 2012e; Leeson and Coyne 2012). Earlier contributions on
(Bernstein1992; Ellickson 1991; Greif 1989, 1993; Stringham 2003; Clay 1997;
Anderson and Hill 1979, 2004) do not explicitly take the role of beliefs into account.
They implicitly assume belief homogeneity, but do not analyze potential effects of beliefs
on legal systems.
Leeson does just that and provides a collection of law and economics analyses of
of superstitions may prove helpful for our understanding of institutions in today’s areas
of limited statehood. Leeson investigates how beliefs affect the development of rules and
the functioning of accompanying legal institutions very different from the official ones
encountered in modern western democracies. For instance, Leeson argues that medieval
3
See Powell and Stringham (2009) for a recent extensive review of the literature on anarchy by political
economists.
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monks were able to use curses to protect their property (2012b), that especially from the
15th to the 17th century the Catholic Church used animal trials to reinforce the beliefs of
its subjects in areas where heretics undermined those beliefs (2012c), that oracles
increase the level of social cooperation among members of the Azande – an African tribe
in whose belief system witchcraft is central (Leeson 2012e), that Gypsy Law uses the
crimes into crimes against the cherished belief system (2012d), that given superstitious
beliefs judicial ordeals help to separate the guilty from the innocent in today’s Liberia
The case of Liberia, a present-day area of limited statehood, demonstrates how the
positive effects of superstition are not understood (Leeson and Coyne 2012). Under
pressure from foreign actors, the Liberian government banned ordeals which are regarded
Liberia (Leeson and Coyne 2012).4 The analyses of the effects of superstition by Leeson
are just one example of the kind of innovative forms research on governance in areas of
The chapter “Racing to the Top? Regulatory Competition Among Firms in Areas
of Limited Statehood” by Börzel, Héritier, Kranz, and Thauer is also related to the self-
governance literature in economics. Börzel et al. investigate under what conditions firms
can threaten to impose regulation on them. They hypothesize that firms regulate
4
I will come back to the problems faced by outside actors to contribute to welfare-increasing change of
institutions they are not familiar with in section 3.
-6-
themselves (1) if they can increase the value of brand products by adhering to strict
regulations, (2) if by pressing for government regulation they can increase entry barriers
and (4) if their country of origin exerts regulatory pressure. They assess their hypotheses
by analyzing the behavior of firms with regard to environmental regulation from several
industries in South Africa. They find their case studies to, by and large, support the four
hypotheses.
Related to the economics literature on self-governance, they argue that firms may
individual in a situation where information about past behavior travels quickly. They
further discuss the incentives of the members of certain industries and find that they use
the state’s powers to regulate their industry, raising the entry barriers for potential
malfunctioning state is rarely held accountable by the larger population. There is a vast
literature on the economics of regulation in recent times kicked off by Stigler (1971) who
argues that interest groups influence state agencies to protect the industry’s members
from competition.
The analysis by Schuppert and the chapter by Börzel et al. neither explicitly
discuss the limits of reputation as a mechanism to foster cooperation nor do they discuss
mechanisms that enhance cooperation but do not rely on reputation. Reputation and
ostracism are less effective as enforcement mechanisms the more socially distant
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between socially distant individuals. For instance, Greif (2002) provides an analysis of a
members of different communities. It was based on the ability of insiders to punish other
Furthermore, there are alternative mechanisms that may facilitate peaceful social
2008) argues that socially distant individuals can signal their credibility by engaging in
costly activities that increase their social homogeneity. For instance, a trader can learn
the language, adopt the religion, or make himself familiar with the customs of a socially
distant group. Leeson (2005, 2006, 2008) provides evidence that individuals made use of
Europe. In these cases central authorities with a monopoly over the use of force were
absent and circumstances of limited statehood, or anarchy, prevailed. Especially for the
Although through reputation and signaling individuals within one group and
across groups can foster social cooperation, obviously not all human interaction is
peaceful. Predation, private and public, has been a commonly observed phenomenon
throughout recorded human history. With the existence of predation, the issue of the
Chojnacki and Branovic in their chapter “New Modes of Security: The Violent
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accessible central enforcement authority exist in areas of limited statehood today.
Chojnacki and Branovic discuss three types of direct security provision in the absence of
subsequent discussion of markets for security they heavily rely on the theoretical works
on the market for protection by economists Stergios Skaperdas and Kai Konrad
Unfortunately, they appear to misunderstand the results that the various models by
Konrad and Skaperdas yield. Based on the discussion of the contributions by Konrad and
Skaperdas and others, Chojnacki and Branovic (p. 100) conclude that on competitive
markets for the provision of protection the providers have to choose “whether to invest in
perpetual violence “strategic insecurity.” But whereas overt conflict in the models of
Konrad and Skaperdas is an outcome of the strive of competing warlords for rents in
prisoners dilemma situations, Chojnacki and Branovic suggest that warlords have an
interest in violence per se or what they call “strategic insecurity.” In contrast, whereas
the individual warlords in Konrad and Skaperda’s models behave strategically, overt
conflict is not an outcome of any individual warlord’s choosing but a result of their
monopoly over the use of force and being able to appropriate the accompanying rents.
Chojnacki and Branovic further argue that conflict is more common in areas that are rich
in valuable resources and that the population suffers more from predation the more
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fragmented the market for protection is in an area. They finally discuss how geographic
development, but can be found throughout history and have been analyzed by social
scientists from a rational choice perspective. For instance, Volckart (2002) provides a
analyzes the market for private protection provided by the Sicilian Mafia, Fink (2011,
2012) maintains that, among other things, the members of the medieval Hanseatic League
provided one another with protection services, and Skarbek (2010, 2011, 2012)
prison gangs.5
The above examples suggest that peaceful interaction can be maintained under
anarchy and that predation can be contained under even the direst circumstances.
Members of adjoining disciplines may benefit from extensively consulting the empirical
3 Exogenous governance
The attempts of the western world to bring development to poor countries have
been manifold and, though maybe spawned by noble intentions, mostly unsuccessful.
how development support efforts of the western world have escalated since WWII and
5
Gambetta (1993, 4) is anxious to point out that even when individuals are forced to pay for protection, it
is not implied that the purchased protection is useless in the sense that it only “protects” against the
provider of protection. For the customers paying for the received services may be a lesser evil.
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today encompass (1) isolated projects, (2) structural adjustments of economic and social
structures, and securing private property rights, and (4) ending civil wars and
from one of the four categories above. I roughly separate non-invasive from invasive
aid to facilitate favorable governance changes. Invasive efforts include the taking over of
3.1 Non-invasive
exogenous efforts to change the governance structure in areas of limited statehood. They
(PPP). Liese and Beisheim (p. 117) adopt the definition of public-private partnerships as
“institutionalized transboundary interactions between public and private actors that aim at
the provision of collective goods.” They argue that especially in areas of limited
statehood PPPs can be considered a separate form of governance because they are usually
Output measures the goods and services PPPs provide to their customers, Outcome
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indicates how successful the PPPs are in changing the behavior of the addressed people,
and Impact measures the success of a PPP to contribute to the solution of the problem it
identified. Liese and Beisheim find that effectiveness varies across PPPs and aim at
explaining the observed variation. For this purpose they formulate five hypotheses: (1) A
Better process management improves effectiveness. (3) Local capacity building adds to
effectiveness. (4) More organizational learning makes PPPs more effective. (5) The
higher the involvement of stakeholders the more effective are PPPs. From their analysis
of the 21 chosen PPPs they conclude that the level of institutionalization and the quality
of process management matter for the effectiveness of PPPs whereas the effects of the
Although Liese and Beisheim do not put it this way, the aspect of
development aid: incentive problems and knowledge problems. In order for development
aid to be successful the incentives of the aid providers and those of the receivers of aid
efforts have to be aligned with the common goal of the developing efforts. Furthermore,
the providers of development aid have to be knowledgeable about the wants of the aid
receivers. Even when the incentives of aid recipients and altruistic development aid
providers are well-aligned, dispersed subjective knowledge of place and time cannot be
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mechanism. Therefore, donor organizations are likely to be groping in the dark unable to
those who are integrated in and have detailed knowledge of local environments, are able
to receive direct feedback from the recipients, and can be held accountable for their
actions. Easterly (2006a, 2006b) calls this group of individuals and organizations
“searchers”. He separates them from “planners” who may have the best of intentions but
are detached from local circumstances and thus do not have the requisite knowledge to
help. 14 out of the 21 public-private partnerships assessed by Liese and Beisheim carry
the words “Global”, “World”, or “International” in their names as, for instance, the
Global Fund to Fight AIDS, Tubercolosis and Malaria, the International AIDS Vaccine
Initiative, or the World Commission on Dams. The names suggest that these public-
private partnerships are likely to fall into the camp of the planners.
people distant from the recipients. Searchers, to stick to Easterly’s (2006a, 2006b)
terminology, who act locally are less likely to organize as public-private partnerships that
end up on the radar of social scientists who tend to be as distant from the developing
3.2 Invasive
Fragile States” by Ladwig and Rudolf does not contain a positive analysis. Limited to a
6
Williamson (2009) provides a detailed discussion of the knowledge and incentives problems faced by
donors and recipients.
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normative analysis it stands out from the other contributions to Governance without a
State? and also from the contributions in economics on the Positive Political Economy of
governance to be found in public international law. They argue that good governance
implies the guarantee of human rights, the rule of law, the responsiveness of governments
to the desires of the people, and public participation. According to Ladwig and Rudolf
this standard of good governance applies to all actors that fulfill governance functions.
Thus, governments of fragile states, warlords, NGOs, and private enterprises are in
With regard to the international community’s role in fragile states, Ladwig and
Rudolf (p. 223) conclude that “as the responsibility of the international community is
subsidiary to that of the state concerned, its fulfillment is geared towards the creation of
conditions in which the state can live up to its primary responsibility. Consequently, the
activities of the international community must aim at establishing the material, structural,
structures are at least equally effective for the protection of human rights, equally
respectful of the rule of law, equally responsive, and equally open to public
participation.” In brief, it appears that Ladwig and Rudolf favor interventions, invasive if
normative question under what conditions invasive interventions would be desirable, only
positive analyses help to shed light on what can be achieved in areas of limited statehood
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Other contributions to Governance without a State? and contributors to the
Political Economy of Anarchism take on this task of positive analysis. Conrad and
Stange in their chapter “Governance and Colonial Rule” argue that despite the state
building efforts of the colonizers “virtually all colonies” (p. 40) from the past can be
considered as areas of limited statehood. Although the consequences of colonial rule can
still be observed today, the colonizers’ ability to act as centralized authority was severely
limited. According to Conrad and Stange the colonial states were weak because only few
resources to rule were made available to them and the colonial rulers were not regarded
to local and regional indigenous leaders (pp. 47-48). Thereby the boundaries between
public and private actors among the colonizers as well as the indigenous elites were
blurred. The resulting systems of governance can be best described as one of competing
argues that state building implies multilevel, transnational, and nodal governance
structures that have been ignored by recently adopted state building strategies. Though
not to be found in their pure form, Schneckener differentiates four types of state building
strategies and sketches their drawbacks: (1) Liberalization First aims at establishing
political and economic liberties, but the “shock therapy” may have destabilizing effects
and the economic aspects commonly favor existing economic elites. (2) Security First
stresses the role of external state builders to provide physical security, but the approach
may merely cement the status quo. (3) According to the approach Institutionalization
First the establishment of effective and legitimate institutions on all levels from local to
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national is crucial for state building efforts. The drawback of this approach is that it tends
to favor existing privileged actors who may consolidate their power and support
institutions that foster their own interests. (4) The Civil Society First approach is based on
the assumption that a functioning state and its institutions can only grow from the
bottom-up. But strengthening civil society players may further undermine the fragile
state’s authority and identifying organizations that are part of civil society is difficult as,
for instance, NGOs can only to a very limited extent be considered to be genuine civil
society actors.
Schneckener argues that the four approaches ignore the multilevel interactions
between local players, between local and external players, and between various external
consequences result on various levels from the interaction of these players. Schneckener
further argues that in response to the mostly unintended consequences new modes of
nodal and transnational governance structures evolve as the parties involved react to the
challenges they see themselves confronted with. Schneckener closes by calling for more
informed and “more focused” state building efforts that reduce the unintended
consequences and take the remaining unintended consequences into account. For
instance, the “international community could aim at reducing the complexity of the
Implications for International Foreign and Security Policy”, Brozus also gives advice on
how state building could be more successful. Primarily, Brozus provides a review of
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select publications predominantly from the disciplines of International Affairs and
Political Science that deal with topics of limited statehood. After a discussion of
practical and normative issues of state building, Brozus concludes that “governance
limited statehood than state building. He maintains that influencing existing local forms
of governance may be more promising than creating new institutions for areas of limited
statehood from scratch. Though also stressing the problem of unintended consequences
(pp. 270-274), Brozus does not discuss how “governance shaping” instead of state
reconstruction efforts after military interventions (Coyne 2008a, 2008b, Cowen and
Coyne 2005, and Coyne and Boettke 2009). Similar to the three chapters by Conrad and
Stange, Schneckener, and Brozus of the edited volume, Coyne discusses problems faced
by state builders. Four of which are: First, coordination problems (Coyne 2008a, 32-39;
Cowen and Coyne 2005). Individuals have to have an incentive to take actions in accord
with the new institutions to attain coordination on an equilibrium that moves them closer
2008a, 66-70; Coyne and Boettke 2009; Boettke 1993, 88-105). There is no party
those implementing institutional change to credibly commit to adhering to the new set of
rules (Coyne and Boettke 2009, 4-5). Third, problems with nested games (Coyne 2008a,
58-65). Foreign observers tend to focus on the meta-game and even if indigenous and
foreign state builders pay ample attention to the web of nested games, the question
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remains whether state builders organized in political bureaucracies are equipped to
provide satisfying solutions to nested games. This leads to, fourth, problems of
provide private enterprises with a direct feedback via profits and losses, members of
bureaucracies cannot rely on any such tight feedback loop (Martin 2010). Instead of the
price mechanism, political decisions based on little relevant information determine the
allocation of resources within bureaucracies that have their own agendas (Coyne 2008a,
Coyne builds his analysis of state building efforts on insights from public choice
and institutional economics. These insights lead him to a different conclusion than the
ones presented in the chapters by Schneckener and Brozus. Instead of wiser interventions
in weak, failed, and conflict-ridden states, Coyne regards a commitment by the western
world to a liberal policy of non-intervention and free trade vis-à-vis these states to be
more promising (Coyne 2008a, 181-193). In addition to the economic benefits of free
trade, Coyne stresses the cultural benefits of free trade. Trade enables individuals from
different backgrounds to get to know the other parties’ cultures and to exchange ideas.
This decentralized multilateral process may prove more effective at spreading the ideas
4 Concluding remarks
Enderlein, Daniels, and Trebesch in their chapter “Governance in Sovereign Debt Crises:
as the study of international anarchy. They analyze the interaction of sovereign debtors
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of developing countries with their private creditors in times of debt crises. In a first step,
they document that governments rather than private creditors dominate the bargaining
process in case of a sovereign debt crisis. In a second step, Enderlein et al. attempt to
behavior of the governments towards their private creditors. For this purpose they create
restructuring in 36 developing countries over the period from 1980 to 2005 indicates that
governments were less coercive towards their private creditors the better their regulatory
quality, the more the rule of law is respected, and the larger the government’s capacity to
circumstances in developing countries may require to initially assume that there may be
no institutions that enforce agreements and protect persons and property. Most of the
contributions to Governance without a State? pursue this approach and find that where
central enforcement authorities are absent, institutions that govern social interaction
nonetheless persist. The present edited volume further improves our understanding of
throughout are the severe constraints faced by those whose hubris leads them to
provided even more insight, had they built more explicitly on relevant elements of the
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the potential to serve as a model for social scientists from diverse backgrounds to join the
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