Accountability‐by‐Proxy in Transnational Non‐State Governance

Transnational non‐state governance arrangements (NGAs) are increasingly common in areas such as labor standards and environmental sustainability, often presenting themselves as innovative means through which the lives of marginalized communities in developing countries can be improved. Yet in some cases, the policy interventions adopted by the managers of these NGAs appear not to be welcomed by their supposed beneficiaries. This article accounts for this predicament by examining the effects of different configurations of accountability within NGAs promoting labor rights. Most labor‐rights NGAs incorporate “proxy accountability” arrangements, in which consumers and activists hold decision makers accountable “on behalf” of the putative beneficiaries of the NGAs: workers and affected communities in poorer countries. The article shows how and why different combinations of proxy versus beneficiary accountability influence the choice of policy instruments used by NGAs, and applies the argument to three prominent non‐state initiatives in the domain of labor standards.     

Globalization and Governance Capacity: Explaining Divergence in National Forest Programs as Instances of “Next‐Generation” Regulation in Canada and Europe

New policy initiatives are increasingly embedded in novel governance strategies. These new modes of governance differ from existing policy mixes in that they are specifically designed to reduce the number of instances of counterproductive policy instrument use; to function effectively and meet public policy goals in an era of decreased national state capacity and autonomy; and rely much more heavily than existing instrument mixes have done on the involvement of private actors in both policy formulation and implementation. These instances of contemporary policy design require careful analysis in order to understand where and when such designs may be adopted and, more importantly, prove effective. This article examines efforts made in Europe and Canada to develop “next‐generation” forest policy strategies and finds considerable divergence in the new regulatory processes put into place in different countries. Following Knill and Lehmkuhl, this divergence is attributed to changing patterns of domestic actor capacities in the face of weak international regimes.     

The birth,life, and death of policy instruments: 35 years of EU gender equality policy programmes

Policy instruments research is an essential part of studying European Union governance. A growing interest in processes of (de-)legalisation and patterns of instrument choice requires a more process- and context-oriented analysis of the EU’s instrument selection. Using a political sociology approach, the article analyses patterns of instrument choice in soft law policy programmes, by examining the life cycle of EU gender equality policy programmes from 1982 to the present day. Gender equality policy programmes offer an in-depth understanding of how the Commission upgrades and downgrades policy instruments. The analysis indicates that patterns of policy instrument choice are not necessarily inflexible once a policy instrument is selected. Instead, patterns vary while the instrument is (de-)legalised. Investigating gender equality policy programmes provides explanations for the shifts in the use of legislative instruments and their limitations.     

Command without control: The case of China's environmental target system

In the existing literature there is general agreement that the effectiveness and efficiency of command and control instruments versus market‐based instruments is highly context specific. A country's particular regulatory environment and state capacity, as well as the features of given environmental problems, play an important role in ascertaining what the “right” set of policy instruments for environmental management might be. This article examines how command and control instruments are used as an environmental enforcement mechanism in China's authoritarian state. Based on extensive fieldwork, this paper shows that the reliance on binding environmental targets as the main domestic policy instrument in China has generated numerous undesirable consequences. While China's target‐based approach to implementation has incentivized local officials to strictly enforce environmental mandates, there are numerous shortcomings in the system. In particular, target rigidity, cyclical behaviour, poor data quality, and the absence of an independent monitoring agency have generated adverse effects and contribute to a yawning gap between regulatory goals and outcomes. The paper concludes that binding environmental targets as the main command–control instrument in China can be more accurately described as “command without control” as the target‐setting central government does not exercise a high degree of control over implementation and monitoring processes. But command and control instruments can be suited for managing “first‐generation” environmental problems and addressing environmental issues that have easily identifiable pollution sources and which are easy to verify.     

“Donate your organs,donate life!” Explicitness in policy instruments

Behavioural research suggests that the intensity with which policy instruments indicate a direction of desired behavioural change affects how target populations respond to them. However, comparative research on policy instruments focuses on their calibration, restrictiveness, density and formal intensity, but does not account for the degree to which they specify the particular policy goal. Moving beyond nudging and “command and control” approaches, this paper adds the dimension of explicitness to existing taxonomies of policy instruments. The explicitness of an instrument results from two questions: first, does the instrument specify a direction of behavioural change? Second, does the instrument attach valence to this behaviour? The paper proposes a stepwise measurement procedure and links explicitness with policy outcomes. A comparative case study of organ donor policy in Switzerland and Spain illustrates how accounting for the explicitness dimension can improve our understanding of policy instruments and their effectiveness.     

From “smart regulation” to “regulatory arrangements”

When regulators are faced with practical challenges, policy instrument choice theories can help them find the best solution. However, not all such theories are equally helpful. This paper aims to offer regulators a better alternative to the current policy instrument choice theories. We will specifically address the shortcomings of “smart regulation theory” and present an alternative that keeps the best of that theory while remediating its weak points. Some authors (Böcher and Töller 2003; Baldwin and Black 2008) say that smart regulation theory does not address institutional issues, compliance type-specific response, performance-sensitivity and adaptability of regulatory regime. We have resolved these problems by merging the smart regulation theory with the policy arrangement approach and the policy learning concept. We call the resulting approach “regulatory arrangement approach” (RAA). The central idea of the RAA is to constrain the almost infinite “smart” regulatory options by: the national policy style; adverse effects of policy arrangements of adjoining policies; the structure of the policy arrangement of the investigated policy and competence dependencies of other institutions. The reduction can be so drastic that the potential governance capacity falls below the smart regulation threshold. In other words, no smart regulatory arrangement can be developed in that institutional context unless policy learning occurs. In addition, a “smart” regulatory arrangement is no guarantee that the policy will succeed. For this reason, the performance of the regulatory arrangement is measured and evaluated. Performance below a certain threshold indicates that the regulatory arrangement needs to be adapted, which then results in policy learning. We illustrate the usefulness of this new approach with a secondary analysis of the Flemish sustainable forest management policy.     

Assessing Public Procurement of Innovation as a Cross‐Domain Policy: A Framework and Application to the Chinese Context

Despite the fact that public procurement of innovation (PPI) has become an increasingly popular policy tool, there has been a lack of holistic approaches to assessing policies promoting PPI. This article attempts to address this gap by proposing a framework which links the multiple levels and aspects related to the design and implementation of PPI policies. By adopting a systemic understanding of “public procurement” as well as “innovation policies,” this article positions PPI as a cross‐domain policy which is inherently a mix of procurement and innovation‐related interventions. The article develops an assessment framework using “vertical coherence” and “horizontal coherence” as criteria. It then illustrates the use of the framework by applying it to PPI policies in China. The framework can aid the conduct of ex ante as well as ex post assessment of PPI policies, which can further inform policy design, implementation, and learning.     

Punctuated Equilibrium and Agenda‐Setting: Bringing Parties Back in: Policy Change after the Dutroux Crisis in Belgium

The article analyzes how focusing events affect the public and political agenda and translate into policy change. Empirically, the study focuses on the policy changes initiated by paedophile Marc Dutroux's arrest in 1996 in Belgium. Theoretically, the article tests whether Baumgartner and Jones's (1993 ) U.S. punctuated equilibrium approach applies to a most different system case, Belgium being a consociational democracy and a partitocracy. Their approach turns out to be useful to explain this “critical case”: Policy change happens when “policy images” and “policy venues” shift. Yet, the Dutroux case shows also that political parties, as key actors in the Belgian policy process, should be integrated more explicitly in the punctuated equilibrium theory. Finally, the article argues that the quantitative analysis of longitudinal data sets on several agendas should be supplemented with qualitative case study evidence (e.g., interviews with key decision makers) to unravel the complex case of issue attention and policy change.     

Regulating non‐government schools: Explaining success and failure

The challenge faced by governments in the regulation of powerful private actors has allegedly intensified in recent years. This study explores the means at the disposal of governments, and their effectiveness, with respect to the regulation of private actors that demonstrate considerable independence and political efficacy. It is argued that a modified ‘Contextual Interaction Theory’ (CIT), which focuses on the interaction between generic policy instruments (carrots, sticks, and sermons) and target group attributes (motivation, information, and power), and is augmented by a consideration of a separate institutional dimension, offers a useful analytical framework for understanding both the challenge faced by governments and the options for dealing with it. This framework is applied to a study of the introduction of ‘new accountability’ to Australian and Israeli non‐government schools. The use of the standard CIT lenses helps explain Australian success and Israeli government failure in the introduction of new accountability. Australian success is attributable to a judicious mix of ‘hard’ and ‘soft’ instruments that favorably impacted target group information and motivation. In Israel, in contrast, policy instrument mixes failed to alter the main target group's oppositional stance. Institutional engineering, however, could provide a promising way for Israeli policymakers to enhance policy instrument effectiveness, by influencing target group power and motivation.     

Substitution and Supplementation Between Co‐Functional Policy Instruments: Evidence from State Budget Stabilization Practices

Governments often use multiple policy instruments for pursuing policy goals with mutually reinforcing effects. These effects include supplementation and substitution. This article examines both effects by studying two instruments of state budget stabilization policy: general fund balances and budget stabilization funds. States normally maintain budget surpluses in the general fund. In recent decades, many also created separate budget stabilization funds to guard against economic downturns. Empirical results show that substitution occurs between these instruments. In other words, the influence of the first instrument is partially offset by the second. The second instrument also produces some independent impacts—called supplementation—that increase the overall influence of both instruments. Such self‐reinforcement decreases over time, suggesting that multiple policy instruments are most effective in the initial stage of application.     

Europeanization and the “Needle's Eye”: The Transformation of Employment Policy in Germany1

What have been the impacts of Europeanization in European Union (EU) member states in the domain of employment policy from a gender perspective? The essay explores this question for one of the traditional “male breadwinner–female caretaker” gender policy regimes in the EU—the case of Germany. Since German women's employment status is behind the status of women in many other EU countries, it has been expected that the impact of European (EC) equal opportunity and equal treatment norms on domestic policy change has remained minimal (Ostner & Lewis, 1995). This, however, is not the case any more. On the contrary, it is argued that Europeanization, although against considerable domestic resistances and with delays, helps to “gender” German public employment policy, namely in three respects: with respect to underlying gender norms, regarding the distinction of gender specific target groups and scope, and the introduction of innovative gender‐sensitive policy instruments. This claim is illustrated by three examples. An explanation for these shifts is developed that accounts for member state change despite misfits with EU norms, not as a consequence of legal compliance mechanisms, but as an outcome of a combination of three mechanisms—the politicization of controversial issues, shifts in dominant discourses, and political advocacy building—conducive to the “gendering” of Europeanization.     

Intellectual Obsolescence and Intellectual Makeovers: Reflections on the Tools of Government after Two Decades

This article reflects on the mixture of ideology, technological change, and interests that have made government instrumentalities central to the analysis of public policy over the two decades since the publication of the author’s Tools of Government in 1983, and distinguishes three main strains of analysis of policy instruments: analytic approaches that count forms of institutions as tools, analytic approaches that focus on the politics of tool selection, and generic approaches that aim to be institution‐ and technology‐free. The article argues first that the three main strains differ over the questions they ask rather than comprising different ways of answering the same question (though it distinguishes competing forms of generic approach); second, that beneath surface obsolescence, the generic policy tools analysis has not become fundamentally outdated over two decades; and third, that changes in technology makes technology‐free analysis all the more necessary as a tool of comparison.     

Packaging Support for Low‐Income Families: Policy Variation across the United States

This paper addresses a gap in state‐level comparative social policy research by analyzing policies that support low‐income families with children. Variation in state policy “packages” is measured by considering three characteristics of 11 social programs. Individual measures of policy are found to be weakly and inconsistently inter‐correlated at the state level, but when cluster analysis is used to analyze multiple dimensions simultaneously, five clusters or regime types are identified that have distinctive policy approaches. These range from the most minimal provisions, to conservative approaches emphasizing private responsibility, to integrated approaches that combine generous direct assistance with employment support and policies that enforce family responsibility. A comparison of a subset of programs at two points in time (1994 and 1998) suggests that states made substantial changes in cash assistance and taxation policies after the 1996 federal welfare reforms. The magnitude and direction of these changes remained consistent with the state clusters identified in 1994. © 2001 by the Association for Public Policy Analysis and Management.     

“Acceptable risk”: The case of nuclear power

The key policy question in managing hazardous technologies is often some variant of: “How safe is safe enough?” A typical response of regulatory agencies has been to lay down minimum requirements for how hazardous facilities should be built and operated, without specifying the level of safety that it is hoping to achieve. The U.S. Nuclear Regulatory Commission, charged with regulating safety in nuclear power plants, has recently tackled the safety question directly, by adopting “safety goals” that facilities must meet. The NRC's approach proves to be sophisticated in some respects, incomplete in others. More generally, it points up the inherent difficulties that exist with the concept of “acceptable risk” and with any attempt to build policy instruments around it. Lessons from the NRC case apply to other hazardous technologies, as well as to public policies unrelated to safety.     

Exemplars,Analogies, and Menus: Eastern Europe in Cross Regional Comparisons

This article evaluates three provocative cross-regional comparisons that use Eastern European cases. It begins by defending such comparisons against serious objections emphasizing Leninist legacies. Books by Offe, Greskovits, and Henderson et. al. form the foundation for a discussion of comparisons to the Eastern German, Latin American, and East Asian NIC cases, respectively. The different comparative approaches are assessed with reference to three blocks of issues: the possibility of achieving democratic capitalism “by design,” the strength of social responses to economic hardship, and the viability of state instruments to keep reforms moving. Characterizing the different approaches as reliant upon “exemplars, analogies, and menus,” the article assesses the outcomes of East European transformations at the ten-year mark. It concludes with a sketch of a partially convergent agenda for further research along all three lines.     

The Logic of the “Tutelary-Style” Monitoring System: An Assessment of State Policies on Social Organisations in the Past 30 Years

This article, concerning various state strategies in different periods since 1978, classifies the evolution of the government’s policy on administering social organisation into three phases. In particular, the state’s policy has gone through a series of shifts from laissez-faire to control, from a non-formal style of administration to using legal instruments as the main means, and with administrative focus from the central to the local level. The supervision mechanism thus formulated implies a totalitarian logic of exercising a “tutelary” style of monitoring—a logic that has to a certain extent revealed “opportunism” on the part of the state. Through an analysis of the state’s governance strategies on social organisations, this article argues that this “tutelary-style” monitoring system explains the interaction between the state and civil society in contemporary China.     

The Hidden Politics of Administrative Reform: Cutting French Civil Service Wages with a Low‐Profile Instrument

The article addresses internal and hidden politics of changes in bureaucracies by focusing on the introduction and use of policy instruments as institutional change without radical or explicit shifts in administrative systems. Beneath public administrative reforms, it examines the use of “low‐profile instruments” characterized by their technical and goal‐oriented dimension but also by their low visibility to external actors due to the high complexity of their commensurating purpose and the automaticity of their use. The core case study of the paper offers a historical sociology of a technique for calculating the growth of the French civil service wage bill from the mid‐1960s to the 2000s. The origins, uses, and institutionalisation of this method in the French context are explored to emphasize the important way of governing the bureaucracy at times of crisis through automatic, unobtrusive, incremental, and low‐profile mechanisms. While insisting on the salience of techniques for calculating, measuring, classifying, and indexing in the contemporary art of government, it also suggests the need for observing and explaining “everyday forms of retrenchment” in bureaucracies.     

Managing support for social research and development: Research goals,risk, and policy instruments

The purpose of this article is to introduce an analytical framework that addresses several of the shortcomings attributed to the federal “model” for managing social research and development and, more specifically, refocuses attention on the importance of the link between the choice of support instrument and the goals of research funding. In so doing, this framework offers a different view of the function of support instruments and assesses the potential role they might play in improving the relationship between the research provider and the public sponsor of social research and development.     

NGOs and the policy‐making process in Russia: The case of child welfare reform

This article explores the issue of the major reform of the child welfare sector that has been carried out in Russia in recent years. Focusing on deinstitutionalization and a child's right to a family, this reform moves Russia in the direction of international trends in this area and represents a break with previous state‐ and institution‐dominated approach to “problem families.” The article explores how and why this process has come about in a traditionally top‐down hybrid regime and applies the Multiple Streams Framework first developed by Kingdon to argue that Russian child welfare nongovernmental organizations have acted in concert with government officials to act as policy entrepreneurs in framing the policy problem and presenting solutions to it in a way that has influenced national priorities in this area. At the same time, the article acknowledges that major challenges remain in terms of implementing the reform at the regional level of government in Russia.