Chapter 20: The Problem That Has No Country
How do you govern problems that cross every border? — On December 12, 2015, in a convention hall outside Paris, representatives of 196 nations rose to their feet and applauded. Some wept. The Paris Agreem...
Chapter 20: The Problem That Has No Country
On December 12, 2015, in a convention hall outside Paris, representatives of 196 nations rose to their feet and applauded. Some wept. The Paris Agreement on climate change had been adopted — the product of years of negotiation, decades of scientific warning, and centuries of fossil fuel combustion. Laurent Fabius, the French foreign minister who had chaired the negotiations, struck his gavel and declared the agreement adopted. The room erupted.
The agreement was historic. It was also, by design, unenforceable.
Article 13.3 specifies that the monitoring procedure shall be "non-intrusive, non-punitive in any manner, and respectful of national sovereignty." Article 15 establishes a compliance mechanism that is "non-adversarial and non-punitive." Countries set their own targets — Nationally Determined Contributions — and report their own progress. There are no penalties for missing targets. There is no international authority empowered to compel action. Nations meet regularly, share progress reports, and renew their pledges. The architecture that made agreement possible — voluntary, non-binding, respectful of every nation's right to decide for itself — is the same architecture that makes effectiveness nearly impossible.
A 2025 analysis describes the framework in terms that apply far beyond climate: "organized irresponsibility, technocratic climate futures, and normalized disasters." The problem is not that the Paris Agreement was badly negotiated. The problem is that it was negotiated at all — that solving a problem affecting every human being on earth requires the unanimous voluntary consent of 196 sovereign governments. Each is accountable to domestic constituencies with shorter time horizons than the problem demands.
This is the governance challenge that defines the twenty-first century: the problems that matter most are the problems that have no country.
Climate change crosses every border. So do pandemics, financial contagion, nuclear proliferation, and the development of artificial intelligence. Each affects everyone. Each can be addressed effectively only through coordinated action at a scale that exceeds any single government's jurisdiction. And each runs headlong into a governance architecture — the Westphalian system of sovereign nation-states — that was designed in 1648 to solve a different problem entirely: how to stop European monarchs from fighting religious wars.
The international institutions that exist to bridge this gap are experiments in governance without sovereignty — attempts to coordinate action among entities that have surrendered nothing and can withdraw at will.
The United Nations Security Council is the most powerful of these experiments, and its structural limitation is written into its charter. Five nations — the United States, Russia, China, the United Kingdom, and France — hold permanent seats and veto power. Any one of them can block action on any substantive matter. And they do. The Cold War produced a Soviet veto wall. The decades since have produced an American one, particularly on resolutions concerning Israel. The veto power has shifted hands, but the logic has not: the institution designed to protect collective security functions only when the interests of its most powerful members happen to align.
Syria revealed the mechanism at its most devastating. Russia and China vetoed resolution after resolution, blocking meaningful international response to a conflict that produced millions of refugees, hundreds of thousands of deaths, and regional destabilization that continues to this day. The veto did not merely prevent action. It delegitimized the institution. Each blocked resolution signaled to the world that the Security Council was not a collective security mechanism but a great-power coordination forum — structurally paralyzed when coordination was most needed.
Reform proposals exist: limiting veto use in cases of mass atrocity, expanding permanent membership, introducing weighted voting. All require the consent of the current permanent members, who have no incentive to dilute their own power. The veto, as one analyst put it, embodies the tension between sovereignty and collective governance — a system designed by great powers to protect great-power interests while appearing to serve collective security. When those interests conflict with humanitarian or governance needs, the design prevails over the aspiration. This is not a failure of the system. It is a feature.
The COVID-19 pandemic was, among other things, the most comprehensive governance stress test in living memory. It revealed, with merciless clarity, which governance structures worked and which did not — and the answers followed no simple ideological map.
Taiwan succeeded through early recognition of the threat, policies less stringent than many peers, cooperation among government, market, and civil society, and advanced digital tools for contact tracing and public communication. The country's proximity to China and its memory of SARS created institutional readiness that no amount of post-hoc planning could have substituted for. South Korea succeeded through rapid deployment of testing infrastructure, effective contact tracing, transparent communication, and institutional lessons from the 2015 MERS outbreak. New Zealand pursued an elimination strategy with early, strict lockdowns and clear messaging, producing very low death rates before variants overwhelmed the approach.
The United States and the United Kingdom — among the world's wealthiest democracies, with the most advanced healthcare systems and the greatest scientific capacity — performed catastrophically in the early pandemic. Not because they lacked capability, but because their governance systems failed to translate capability into coordinated action. Political polarization in the United States turned public health measures into partisan signals. Inconsistent government communication eroded institutional trust. The same mechanisms that Chapter 18 documented — fragmented media, partisan capture, severed feedback loops — manifested as governance failure measured in body counts.
But the most revealing finding is this: the governance variable was not regime type. Both democratic governments (the United States, the United Kingdom) and authoritarian ones (Iran, Russia) failed. Both democracies (Taiwan, South Korea, New Zealand) and authoritarian systems (Vietnam) succeeded. The distinguishing factor was state capacity combined with institutional trust and communicative clarity — the quality of the feedback loop between government and citizens, regardless of the system's formal architecture.
The pandemic also exposed the weakness of the international institution most directly responsible for global health governance. The World Health Organization declared a Public Health Emergency of International Concern at least a week later than the evidence warranted. Its communication was inconsistent. Vaccine distribution was catastrophically inequitable. Global coordination mechanisms proved inadequate. Six major critiques emerged from systematic review: delayed response, communication failures, vaccine inequity, coordination gaps, governance limitations, and insufficient transparency.
But the WHO's failures were not primarily failures of leadership or competence. They were structural. The WHO depends on voluntary member state contributions, creating donor dependence. It lacks enforcement mechanisms. It cannot compel member states to share data, accept recommendations, or implement measures. When nations suppress outbreak information — as China did in the critical early weeks — the WHO has no tools to override sovereign prerogative. After two years of negotiations on a pandemic preparedness treaty, the draft still, according to Human Rights Watch, "risks repeating the profound failures of the Covid-19 pandemic" by lacking clear compliance, accountability, or enforcement mechanisms. The United States rejected amendments adopted by WHO members in 2024 aimed at improving preparedness.
The pattern is identical to the Paris Agreement: an institution that depends on voluntary compliance cannot compel the action required when compliance matters most. The governance architecture works during normal times — when coordination is convenient — and fails during crises — when coordination is essential.
The European Union is the most ambitious experiment in governance beyond the nation-state, and its struggles are therefore the most instructive.
The EU governance architecture involves three primary institutions: the European Commission (which proposes legislation and enforces treaties), the European Parliament (directly elected, with co-legislative power), and the Council of the EU (representing member state governments). The European Council — heads of state and government — sets broad political direction but does not legislate. The Commission alone can initiate legislation; Parliament and Council can request but not propose.
In practice, approximately ninety-nine percent of EU legislation is concluded through trilogue negotiations — informal three-way meetings between Parliament, Council, and Commission. These negotiations operate via a shared four-column document listing each institution's position alongside a compromise text. The negotiations themselves are not public. The European Ombudsman has questioned whether "concluding political decision-making increasingly in secluded trilogues" is compatible with "the objective of taking decisions as openly as possible."
The democratic deficit is structural and may be irreducible. Each transparency measure threatens some member state's negotiating position. Each expansion of democratic control threatens some national sovereignty. Twenty-seven sovereign states have created governance that is arguably effective at technical coordination — harmonizing product standards, managing a common currency, coordinating trade policy — but persistently opaque to the citizens it serves. Most EU citizens cannot explain how the system works. Those who can often wish it worked differently.
And yet. The EU's democratic deficit exists because the alternative — twenty-seven separate national responses to problems that cross every European border — has been tried and found wanting. Two world wars, a Great Depression, and the collapse of European empires made the case for supranational governance in ways that no amount of theoretical argument could. The EU is not a solution to the governance-scale mismatch. It is a partial, frustrating, institutionally complex attempt to address it — one that works well enough to persist and poorly enough to remain permanently contested.
There is a pattern that connects the UN Security Council's veto paralysis, the Paris Agreement's voluntarism, the WHO's structural weakness, and the EU's democratic deficit. Every case follows the same structural logic: the problem crosses national borders; the governance institutions are either national (and therefore jurisdictionally limited) or international (and therefore voluntary and non-enforceable); the gap between problem scale and governance scale produces paralysis, inadequacy, or symbolic action without enforcement.
The deeper issue is not merely sovereignty versus collective action. Complexity theorists would recognise the pattern: these are problems where the system's components interact in ways that no single component can predict or control — where cause and effect are separated by time, distance, and the sheer density of interconnection. The governance challenge is not just coordination. It is governing a system more complex than any single governing institution can model. And the deeper obstacle is information architecture. National governance systems developed their information infrastructure — taxation, census, monitoring, enforcement — over centuries. International governance has no equivalent. There is no global tax authority, no international census, no enforcement monitoring capacity. International institutions are attempting to address twenty-first-century problems with information systems that national governments refuse to provide — because providing the data that would make effective international governance possible would also make national sovereignty meaningfully constrainable.
But the pattern has exceptions, and the exceptions reveal the conditions under which transnational governance works. The Internet Corporation for Assigned Names and Numbers (ICANN) operates on a "bottom-up, consensus-driven, multistakeholder model" — bringing together governments, private sector, technical experts, civil society, and individual users to govern the internet's domain name system. It works because the problem is technical, the stakeholders are identifiable, and the alternative — internet fragmentation — is worse for everyone. The WTO's dispute resolution mechanism, before its recent erosion, worked because trade benefits are reciprocal and exclusion from the system is costly.
The pattern: transnational governance succeeds when the problem is technical rather than redistributive, when non-participation is costly for the non-participant, when monitoring is technically feasible, and when benefits are relatively symmetrical. Climate change, pandemics, and AI governance fail most of these criteria — which is why their governance remains inadequate.
And yet transnational governance is not static. Domestic courts have begun emerging as an unexpected enforcement mechanism for international agreements. In cases from South Africa to Austria, courts have used Paris Agreement obligations to enforce climate commitments at the national level — effectively "domesticating" international governance by converting global obligations into legal claims within national jurisdictions. This bypasses the sovereignty problem entirely: it's not an international body compelling a nation to act. It's a nation's own courts holding its government to commitments it voluntarily made.
The AI governance thread, which Chapter 19 traced through authoritarian surveillance and social credit systems, continues here in a different register. The development of artificial intelligence is concentrated in a handful of countries — the United States, China, the United Kingdom, the EU, and a few others — but its effects are global. An algorithm trained in Silicon Valley determines what billions of people see in their social media feeds. A large language model developed in San Francisco can generate disinformation in every language. An autonomous weapons system designed in one country can be deployed against the citizens of another. AI governance is, by its nature, a problem that has no country.
The responses so far follow the familiar pattern. The EU AI Act, published in July 2024, is the first comprehensive legal framework for AI regulation — a risk-based approach with phased implementation, covering prohibited practices, general-purpose AI model obligations, and high-risk system rules. Penalties range up to thirty-five million euros or seven percent of worldwide turnover. It is ambitious, detailed, and jurisdictionally limited to the European Union.
Studies have found that very few government AI systems deployed globally have meaningful transparency measures. The UN's Global Digital Compact lacks specific provisions requiring transparency for government-deployed AI. Australia's Robodebt scandal — in which algorithmic calculations generated thousands of incorrect welfare debt notices, ultimately costing AU$1.8 billion in settlement — demonstrated that algorithmic governance can cause mass harm in democratic contexts just as readily as authoritarian ones. The system ran for five years before a royal commission found it unlawful. During those years, citizens received computer-generated debt notices with no explanation of how the amount was calculated, no meaningful avenue for challenge, and — in at least one case documented by the commission — consequences that contributed to suicide. The algorithm performed governance. Nobody governed the algorithm.
But AI is not only a tool of control. Democracies have begun experimenting with it as a tool of participation and public service — and the results, while early, suggest a different possibility.
Estonia's digital governance system — where ninety-nine percent of public services are available online, from tax filing to voting — has incorporated AI for fraud detection, automated translation of government services, and proactive service delivery: the system notifies citizens of benefits they're eligible for rather than waiting for applications. The feedback loop runs in both directions. India's Aadhaar system, whatever its privacy controversies, has enabled direct benefit transfers to over 900 million people, cutting out layers of bureaucratic intermediaries who had historically siphoned funds. The governance problem it solved — that subsidies never reached the intended recipients — was itself a feedback-loop failure. Barcelona's Decidim platform uses open-source tools to manage participatory budgeting and policy consultations, with AI-assisted analysis of citizen proposals to identify patterns, cluster similar suggestions, and surface trade-offs that human administrators might miss. These are not autonomous AI systems making decisions. They are AI tools enhancing the capacity of democratic governance to hear and respond.
The EU AI Act itself, for all its jurisdictional limitations, represents a democratic attempt to govern the technology rather than be governed by it. Its risk-based approach — prohibiting social scoring and real-time biometric identification, imposing strict requirements on high-risk applications — embeds democratic values into regulatory architecture. Whether that architecture can keep pace with the technology it governs remains an open question. But the attempt matters. It is the difference between a society that designs its governance tools and a society that is designed by them.
The democratic-authoritarian distinction matters less here than the governance-architecture distinction. The question is not whether AI is used by democracies or autocracies — both use it, both misuse it. The question is whether the governance systems deploying AI maintain feedback loops that allow the governed to challenge algorithmic decisions. Can a citizen know they've been subject to an automated decision? Can they contest it? Can they understand why it was made? Can they change the system that produced it? These are governance questions, not technology questions — and they are governance questions that no existing institution, national or international, has adequately answered.
The ICANN model suggests that multistakeholder governance can work for technical coordination. But AI governance is not merely technical — it involves fundamental questions of power, redistribution, rights, and the nature of decision-making authority itself. The governance architecture for AI has not yet been invented. The problems it needs to address are already here.
Here, then, is the picture that emerges from Part VI of this chronicle.
Democracies are in recession — their feedback loops degraded by capture, complexity, and media fragmentation. Autocracies face an unresolvable dilemma — their information systems corrupted by the very mechanisms that enforce compliance. And the problems that matter most — climate, pandemics, AI, financial contagion — exist at a scale that neither democracies nor autocracies can address within their borders, because governance remains national while consequences have gone global.
Every governance model is failing simultaneously. Not for different reasons — for the same reason. Twenty-first-century problems require twenty-first-century feedback loops, and every existing governance system is running on information architecture designed for a slower, smaller, more contained world. The governed and the governing have lost contact with each other — within nations, between nations, and across the digital systems that increasingly shape both.
This is not an ending. Ten thousand years of governance experiments have deposited patterns — patterns of what works, what fails, and why. The feedback principle. The scale trap. The legitimacy cycle. The inclusion ratchet. The administrative paradox. The information constraint. These patterns recur across civilizations, across centuries, across every institutional form this chronicle has examined. They are not laws. They are not predictions. They are hard-won observations about what happens when human beings try to answer the oldest governance question: who decides?
The final part of this chronicle will gather those patterns. Not as a blueprint — coherentism does not do blueprints — but as a library of possibilities. What has been tried. What has been learned. And what, given everything we now know, might still be possible.