The rational design of regional regimes: contrasting Amazonian,Central African and Pan-European Forest Governance

Forests have been an important issue in world politics at least since the UNCED conference in Rio in 1992. Since then the focus of academic attention has been on global forest governance by an international forest regime complex consisting of several forest-related regimes. This strong focus leaves a research gap regarding regional regimes addressing forests as an issue area, which recently greatly gained in empirical and academic relevance. It is particularly important to understand the institutional structures on the one hand, and the policies developed within such regimes on the other. In order to obtain a better understanding of this in the forest case, the aim of this article is to analyse the institutional design of three regional forest regimes and to develop fields and hypotheses for future research. We built upon the rational design of international institutions framework developed by Koremenos et al. (Int Organ 55(4):761–799, 2001), and based our findings on content analysis of key documents as well as participant observations and expert interviews in selected occasions. The regional regimes chosen for this study were Amazonian, the Central African and pan-European forest cooperation. The results indicate that the designs of the three regimes greatly differ regarding membership, scope, control, centralisation, and flexibility. This seems to be mainly due to differing degrees of formality of the regimes (from treaty to non-treaty to hybrid regimes) as well as different power structures amongst members and regional hegemons involved. Based on our findings, future research fields for the study of regional forest-related environmental, trade, commodity, and management regime structures as well as regime policies are identified. Such insights advance our understanding of international forest governance not only by global, but by regional forest regimes as well. This is particularly true for our understanding that similar issue-specific problems, such as sustainable forest management, in terms of regime structures and regime policies may be addressed quite differently, largely depending on the preferences of regional powers and hegemons and other potential region-specific factors. We conclude by questioning a hypothesised diffusion of international institutions and propose the more precise concept of institutional osmosis instead.     

International regimes and environmental policy integration: introducing the special issue

Pressure is mounting for states to become better at integrating its environmental policies into sector policy, a challenge often referred to as environmental policy integration (EPI). Policy research on EPI has grown to become a distinct and substantial field of study at the national and EU levels, where political commitment and interest in the topic have been large. In the study of international regimes, EPI analytical concepts have so far not been applied although the EPI quest is at least as important and critical at this level. This special issue addresses this gap, by combining these two sets of literature and examining various aspects of EPI in international regimes, its manifestations and its challenges. This introductory paper introduces key conceptual discussions underlying the development of this special issue, distils and discusses some of the key findings and messages from the four ensuing research articles and presents directions for future research. It finds that many EPI challenges and institutional barriers are strongly accentuated at international levels of governance, but also that similarities with the national level suggest that closer interactions between the two fields of study are warranted. At both levels, the EPI “game” is full of inherent tensions and goal conflicts, institutional constraints abound, and cognitive interactions and learning processes appear as key mechanisms to advance EPI. Suggestions for how to enhance EPI in international regimes are still tentative, and analysis beyond international relations and regime theory is needed to capture potential institutional innovations for advancing EPI.     

Governments and International Civil Society inSustainable Development: A Framework

International civil society has emerged as a critical forcein sustainable development. This poses significant challenges tothe analysis of international relations. This paper suggests anumber of ways to think about the role of civl society actorsin international relations, focusing on market-based factors andnew institutional venues. Public/private partnerships andproduct regimes are identified as critical framwroks for theunderstanding of the prospects of achieving greater sustainability     

Global Climate Change and the Fragmentation of International Law

Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate‐trade interplay.     

Analysis of the governance architecture to regulate GHG emissions from international shipping

Despite the substantial and likely increasing contribution of greenhouse gas (GHG) emissions from international shipping and the related adverse impacts on global climate change, GHG emissions from international shipping are yet neither regulated by the Kyoto Protocol, nor through any other legally binding, internationally accepted regulation. This paper is looking into the governance architecture that is currently in place to regulate GHG emissions from international shipping with a view to analyze whether the institutional degree of fragmentation within this architecture is contributing to the current situation where no legally binding, internationally accepted regulation has been set up yet. Following the hypothesis that the degree and the characteristics of governance fragmentation have a crucial impact on the effectiveness and performance of a governance system, this paper focuses on the current architecture of climate change governance in international shipping and the institutional interplay between its actors. Therefore, the analytical framework builds on approaches from international environmental governance, regime theory, institutional interplay, and fragmentation in international governance architectures.     

Environmental regime effectiveness and the North American Great Lakes Water Quality Agreement

Scholars and practitioners around the globe are grappling with how to improve the effectiveness of complex, transboundary, and multilevel environmental regimes. International environmental agreements (IEAs) have been around for decades yet achievements and outcomes have not met expectations. While international relations scholars have primarily focused on the effectiveness of agreements between states, public policy scholars have been interested in outcomes at a variety of scales including international, national, sub-national, and local across various environmental policy domains and at the instrument and program levels. This article presents findings from a case study of environmental regime effectiveness that uses a modified version of the Oslo-Postdam solution to assess the effectiveness of the Great Lakes Water Quality Agreement, a long-standing, bilateral international environmental agreement between Canada and the USA. The findings indicate that there is a need to more broadly define international environmental agreements in complex transboundary systems to include both formal and informal regime features and multilevel governance efforts and to focus on specific policy goals and ecological outcomes associated with IEAs. This case also illustrates the potential to modify the Oslo-Postdam approach by combining expert assessment and data collection methods with traditional policy analysis and program evaluation methods in assessments of environmental regime effectiveness.     

Dispelling the Chimera of 'Self-Contained Regimes' International Law and the WTO

International lawyers have in recent years expressed much uneaseabout the perceived fragmentation of their legal system. Intruth, however, international law has always been fragmentedwithout losing its ability to operate. A threat, rather, arisesfrom the ongoing proliferation of special regimes endowed withstrong institutional frameworks and an ability to set new internationalnorms. This expansion begs an uncomfortable question: What ifsuch – seemingly independent – entities were toclaim autonomy and challenge the validity of general internationallaw? A salient feature of this debate is the preoccupation with‘self-contained regimes’ and their status underinternational law. In a recent report to the International LawCommission, for instance, Martti Koskenniemi concluded thatno such regime can be created outside the scope of general internationallaw. Drawing on a particularly controversial example, this articletherefore reviews the law and practice of the World Trade Organizationto determine how that body has positioned itself in the debate.While its judiciary has recognized that the rules on world tradedo not exist in isolation of general international law, a closerlook at actual case law unveils a far more ambivalent picture.The chimera of self-contained regimes, in other words, is noteasily dispelled.     

Multi-level and multi-arena governance: the limits of integration and the possibilities of forum shopping

Global governance occurs through a large number of issue-area regimes that constitute multiple arenas of governance at multiple levels. This paper draws upon established literature from public administration to show that such fragmentation is unavoidable, because it occurs even in governance at the national level. Moreover, while such fragmentation undoubtedly carries with it problems, it also brings advantages, such as redundancy which makes it less likely that blame avoidance will result in issues being overlooked. The existence of multiple arenas also makes possible the phenomenon of ‘forum shopping’, which allows entrepreneurial actors to advance (or block) the development of international agreements. Using primarily examples from environmental governance, but with some comparative examples from other issue areas, this paper reflects upon both the threats and opportunities this reality presents, suggesting that the prevailing fragmentation of governance at once presents not just an obstacle to global governance, but opportunities for improving global governance—opportunities that would not occur if a single regime enjoyed a monopoly on governing capacity.     

The role of the G20 in governing the climate change regime

A wide array of institutions governing climate change has proliferated over the past years, influencing the rule-makings of the regime. One of them is the G20. When G20 leaders around the world convened in London to restore global economies, they stressed the importance of a ‘resilient, sustainable, and green recovery’ and reaffirmed their commitments to address climate change. This was followed by their agreement on phasing out inefficient fossil fuel energy subsidies over the medium term in Pittsburgh. The ‘coexistence of narrow regimes in the same issue-area’ could be described as ‘regime complexes’, which enable countries to adapt more readily, particularly when adaptation requires complex changes in norms and behavior. Given that responses to climate change would require changes in the domestic politics of different countries at different levels, loosely integrated institutions of regime complexes could be more advantageous for countries to adapt and in engaging with developing countries. This paper demonstrates that the G20’s highly informal institutional setup as well as its flexible cooperation tools could enable its members to customize their policies and better engage with third-party countries. In addition, the G20 group could collectively influence other key countries to reach an agreement on some of the key climate change–related issues, thereby facilitating the United Nations process of climate change.     

Misappropriation of Institutions: Some Lessons from the Environmental Dimension of the NAFTA Investor-State Dispute Settlement Process

Trade regimes at all levels have confronted the dual challenge of rapidly expanding foreign direct investment, and the vigorous growth of international environmental regimes. Attempts to develop a global investment regime have encountered resistance, not least from environmental interests. At the same time, regional trade regimes have sought to address both the environmental and the investment agenda but in a very different manner. This article looks at problems encountered with the investor-state dispute settlement process established by the North American Free Trade Agreement (NAFTA). The institutional dimension of this process is largely drawn from the General Agreement on Tariffs and Trade (GATT), and existing international institutions for commercial arbitration. The article traces some of the difficulties encountered in attempting to use institutions designed for a specific purpose and implemented in one organizational context, to achieve a different purpose in another organizational context. It discusses the problems that arise when institutions appropriate for settling commercial disputes between private actors are used as the basis for balancing private interests and public goods, the environment in particular. It highlights the importance of a more developed understanding of the interplay between institutions and organizations at the international level so as to avoid undesired outcomes.     

Tax Disputes under Institutional Instability: Theory and Implications

This article aims to offer the first structural analysis of tax disputes under institutional instability using a core element of the international tax regime as an example. It offers a theory grounded on Mancur Olson's seminal contribution to group dynamics, the logic of collective action. It also suggests implications of this theory that might help to address key enforcement issues faced by the international tax regime in a frequent context worldwide: institutionally unstable countries.     

Regime interplay in Arctic shipping governance: explaining regional niche selection

Distinctive institutional features can make a regime particularly suited for conducting one or more generic tasks of governance: building knowledge, strengthening norms, enhancing problem-solving capacity, or enforcing rule compliance. Each of those governance tasks constitutes a potential “niche” that a regime can specialize in within a larger institutional complex. Applying this niche-oriented approach to the case of Arctic marine transport helps to explain the emerging division of labor between regional and global institutions in an issue area marked by rapid change. Drawing on earlier regime-effectiveness research, the article examines the potential of regional institutions, especially the Arctic Council, to contribute to strengthening the international governance system for shipping, based on the UN International Maritime Organization (IMO). Although the Arctic Council is not well positioned to regulate regional shipping activities, it may facilitate regulatory advances in the IMO, in part by knowledge-building and in part by helping Arctic states to find common ground on matters of controversy. The Council is also well equipped to enhance regional maritime infrastructure, like capacities for responding to oil spills, and search and rescue operations. Should binding region-specific international rules on Arctic shipping be adopted, Arctic institutions could play a role in coordinating port-state enforcement measures—but existing institutions with broader participation are better suited and will probably remain dominant. The larger question of achieving cross-institutional interplay that can promote effectiveness is relevant in any region or issue area, because efforts to solve specific problems usually involve more than one institution.     

论行政诉讼中利害关系人的原告资格——以两案为例

在行政诉讼的原告资格中,利害关系人的原告资格是一个较为复杂的问题,我国司法解释赋予与具体行政行为有法律上利害关系的人以原告资格,但如何理解与认定法律上的利害关系,在理论与实践中均存纷争。值《行政诉讼法》酝酿修改之际,对法律上利害关系的内涵、决定利害关系人原告资格的核心要素及利害关系人原告资格的认定等问题重新进行梳理与分析,具有实际意义。     

International environmental law as a complex adaptive system

Complex adaptive systems are a special kind of self-organizing system with emergent properties and adaptive capacity in response to changing external conditions. In this article, we investigate the proposition that international environmental law, as a network of treaties and institutions, exhibits some key characteristics of a complex adaptive system. This proposition is premised on the scientific understanding that the Earth system displays properties of a complex adaptive system. If so, international environmental law, as a control system, may benefit from the insights gained and from being modelled in ways more appropriately aligned with the functioning of the Earth system itself. In this exploratory review, we found evidence suggesting that international environmental law is a complex system where treaties and institutions self-organize and exhibit emergent properties. Furthermore, we contend that international environmental law as a whole is adapting to exogenous changes through an institutional process akin to natural selection in biological evolution. However, the adequacy of the direction and rate of adaptation for the purpose of safeguarding the integrity of Earth’s life-support system is questioned. This paper concludes with an emphasis on the need for system-level interventions to steer the direction of self-organization while maintaining institutional diversity. This recommendation stands in contrast to the reductionist approach to institutional fragmentation and aims at embracing the existing complexity in international environmental law.     

Environmental Governance: The Role of Institutions in Causing and Confronting Environmental Problems

This article describes and explains in accessible terms major findings arising from the work of the long-term international research project on the Institutional Dimensions of Global Environmental Change (IDGEC). In analyzing the roles institutions play in both causing and confronting environmental problems, the project directs attention to three analytic themes – known as the problems of fit, interplay, and scale – and seeks to illuminate these concerns through empirical studies of marine, terrestrial, and atmospheric systems. IDGEC science has highlighted the pervasiveness of institutional misfits and begun to identify the reasons why misfits often prove difficult to eliminate, even when their existence becomes widely known. Research conducted under the auspices of the project demonstrates the growing impact of national and even international institutions on the effectiveness of local resource regimes. Similarly, IDGEC research has identified reasons why policy instruments that work well at the national level (e.g., tradable permits) are frequently difficult or impossible to transfer to the international level. To make the discussion of these findings concrete, the project has explored the problem of fit with particular reference to the performance of Exclusive Economic Zones, the problem of interplay through an analysis of the fate of tropical forests, and the problem of scale through an account of the limits of emissions trading as a policy instrument in the climate change regime.     

Managing fragmentation in global environmental governance: the REDD+ Partnership as bridge organization

This article analyzes the increasing institutional and organizational complexity and fragmentation surrounding the international financing mechanism REDD+ (reducing emissions from deforestation and forest degradation in developing countries and related forest activities), now being negotiated within the UNFCCC. We focus, in particular, on critically assessing the prospects of managing such fragmentation. We do so by analyzing whether and how (what we conceptualize here as) a “bridge organization”—the voluntary, multi-stakeholder REDD+ Partnership bringing together state and non-state actors from global to local scales—has aided in managing fragmentation in this realm, through exercising four enabling functions (enhancing transparency, participation, knowledge sharing, and coordination). Our analysis shows that the REDD+ Partnership has partially succeeded in furthering such procedural aims, but that this has not resulted in a “scaling up of REDD+ action and finance,” its overarching substantive aim. In contrast to dominant views of a bridge organization’s modus operandi, we conclude, based on our analysis, that its value lies not in overcoming persisting geopolitical conflicts around climate mitigation and providing a “depoliticized” context within which to manage fragmentation. Instead, its success lies in permitting dialogue and exchange even in the face of persisting political conflicts over its raison d’être and functions. In making these arguments, the article extends recent debates on the prospects to manage fragmentation in global environmental governance and provides a critical assessment of the role therein for bridge organizations.     

Transnationalism in the Regulation of Labor Relations: International Regimes and Transnational Advocacy Networks

This paper examines prospects for transnational advocacy and regimes as a way to buttress national labor laws and institutions in an interlocking mosaic and thus ensure the continuation of strong systems of industrial relations under conditions of increasing economic integration. We argue that there is a role for transnational solutions as a supplement to national systems, and we assess the conditions necessary to make this approach effective. We look at a variety of possible actors and arenas that could foster transnationalism and provide illustrations of transnational advocacy and regime building. We conclude that elements of a multilevel, public-private transnational regime are present in some parts of the world and that these elements can occasionally be knit together. We find that prospects for an effective and sustainable system of transnational multi-level regulation are greater when regional integration pacts such as the EU and NAFTA create transnational norms or forums. But, based on preliminary analysis of transnational advocacy and regulation in these two areas, we also conclude that no fully effective system has yet emerged.     

Linking the global to the national: an application of the international pathways model to examine the influence of international environmental agreements on Cameroon’s forest policy

Cameroon’s tropical forest cover is one of the largest in the world. It is home to some of the world’s rarest plant and animal species. However, the country has suffered extensive forest loss for many decades as a result of socioeconomic and political factors. The growing global concern for the health of the world’s forests and related global issues has placed pressure on Cameroon to sustainably manage its forests. The intricacies of domestic and international pressures on Cameroon’s forest sector means that policy makers have to take into consideration the dynamics of the domestic-international nexus in developing the country’s forest policies. The increasingly integrated global governance of the world’s forests—international agreements, protocols and treaties, international program, international institutions, international actors, and international norms—together constitute international policy regimes that have influenced the direction of Cameroon’s forest policy. Employing the international pathways framework model, an analytic model which describes how transnational actors and international institutions affect domestic policies and policy making, this paper examines the extent to which international environmental agreements have influenced the direction of Cameroon’s forest policy and policy making. The application of the international pathways model facilitated analytic review and allowed for a better understanding of how Cameroon has utilized the complex global forest governance arrangements to enhance its domestic forest policy.     

Realizing access and benefit sharing from use of genetic resources between diverging international regimes: the scope for leadership

This article examines how access and benefit sharing (ABS) in international transactions with genetic resources can be achieved and how Norway contributes to their realization. Regarding the first question, progress on the ground has been slow, but important principles have been agreed within the convention on biological diversity (CBD) and its Nagoya Protocol (NP). Although domestic legislation is adopted, key user countries remain reluctant. They argue that the ABS regime needs to be supplemented with sector approaches within forums such as the Food and Agriculture Organization. In principle, this may sound logical, but sector approaches may risk undermining the ABS regime of the CBD/NP. The principle of access is more user-oriented and benefit sharing is weaker in the relevant FAO negotiations. Against this background, the future practical significance of the ABS regime remains uncertain. Norway has played an important leadership role in ABS within the CBD/NP framework. This stems in part from ‘fortunate circumstances’, as Norway has relatively few stakes in this issue area, but also includes strong normative elements: Norway’s inclination to support weaker part, the South. The Norwegian position has also been solidified by good coordination and strong institutional capacity among the actors involved. However, there are indications of a growing split in the Norwegian position along sector lines. We do not yet have sufficient empirical evidence that this is the case—but if it is, achieving an effective ABS regime may be even more difficult.     

A missed opportunity

Conclusion By focusing on the narrow question of the proper contractual interpretation of the extradition treaty, the Court missed the crux of theAlvarez-Machain case. The weakness in the decision, therefore, is not that the Court adopted the wrong contractual interpretation but rather that it failed frankly to address the real issue. Determining the appropriate role of the Court in formulating an international order in the post-cold war era is a difficult and complex problem. It raises delicate questions of foreign policy, separation of powers, and institutional competence. There are no easy answers. But the problem is not one that will—or should—go away. The issue must be debated in the courts, as well as in the political and academic arenas. By failing to confront this issue openly, the Supreme Court lost a valuable opportunity to start the debate and to begin to define the Court's role in forging the new world order.The authors would like to thank Detlev Vagts, Bemis Professor of Law at Harvard Law School, for his insightful comments on an earlier draft.