Macro-regional strategies of the European Union (EU) and experimentalist design of multi-level governance: the case of the EU strategy for the Danube region

Placed within EU Cohesion policy and its objective of European territorial cooperation, macro-regional strategies of the European Union (EU) aim to improve functional cooperation and coherence across policy sectors at different levels of governance, involving both member and partner states, as well as public and private actors from the subnational level and civil society in a given ‘macro-region’. In forging a ‘macro-regional’ approach, the EU commits to only using existing legislative frameworks, financial programmes and institutions. By applying the analytical lens of multi-level and experimentalist governance (EG), and using the EU Strategy for the Danube Region as a case, this article shows that ‘macro-regional’ actors have been activated at various scales and locked in a recursive process of EG. In order to make the macro-regional experiment sustainable, it will be important to ensure that monitoring and comparative review of implementation experience functions effectively and that partner countries, subnational authorities and civil societies have a voice in what is, by and large, an intergovernmental strategy.     

Experimentalist interactions: Joining up the transnational timber legality regime

This paper analyzes the interactions between the separate components of the emerging transnational timber legality regime, both public and private. It examines how far, and through what institutional mechanisms, these interactions are producing a joined-up transnational regime, based on a shared normative commitment to combat illegal logging and cooperative efforts to implement and enforce it. The paper argues that the experimentalist architecture of the EU FLEGT initiative has fostered productive, mutually reinforcing interactions both with public timber legality regulation in other consumer countries and with private certification schemes. But this emerging regime remains highly polyarchic, with broad scope for autonomous initiatives by NGOs and private service providers, along with national governments, international organizations, and multi-donor partnerships. Hence horizontal integration and coordination within it depend on a series of institutional mechanisms, some of which are distinctively experimentalist, while others can also be found in more conventional regimes. These mechanisms include cross-referencing and reciprocal endorsement of rules and standards; recursive learning through information pooling and peer review of implementation experience; public oversight and joint assessment of private certification and legality verification schemes; and the “penalty default” effect of public legality regulation in consumer countries, which have pushed both exporting countries and transnational firms to comply with the norms and procedures of the emerging transnational regime. The paper's findings thus provide robust new evidence for the claim advanced in previous work that a joined-up transnational regime can be assembled piece by piece under polyarchic conditions through coordinated learning from decentralized experimentation, without a hegemonic power to impose common global rules.     

Channelling Protest in Illiberal Regimes: The Cuban Case since the Fall of the Berlin Wall

Abstract

As part of the strategy for better governance, the European Commission has taken steps towards improved consultation and dialogue on European Union (EU) policy with interested parties. Opening up the policy process and getting interest groups involved are considered important for the democratic legitimacy of EU policy making. This article examines the public Internet consultation on the Commission proposal for a new European chemicals policy, the so-called REACH system. Being one of the most consulted issues in EU history, the chemicals policy review is considered as a critical test for the participatory mechanisms provided by the European Communities. By analysing more than 6000 contributions to the consultation, it is demonstrated that it invited broad participation, although industry was considerably better represented than NGOs and other civil society associations. Moreover, an overwhelming majority of participants were national actors from the largest member states rather than transnational actors. It is concluded that online consultations can invite broad participation in EU policy shaping but it is unlikely to bring about equal participation from different group of actors. Therefore it raises concern when measured against standards of democratic governance.     

Transparency in transnational governance: The determinants of information disclosure of voluntary sustainability programs

The rise of “new” transnational governance has intensified debates about a lack of accountability in global politics. Reviewing the mechanisms through which transparency can foster accountability beyond the state, this article explores the determinants of information disclosure in the field of transnational sustainability governance. Examining the institutional design of 113 voluntary sustainability programs, we find a positive correlation between the involvement of public actors and information disclosure. In contrast, the role of civil society is more ambiguous. There is no statistical support for arguments linking non‐governmental organization participation to increased transparency. At the same time, our analysis reveals a robust correlation between civil society‐led metagovernance and information disclosure. Moreover, we find that crowding has a negative effect on transparency, whereas normative peer pressures have no influence. At a broader level, the analysis reveals a lack of “deep transparency” among transnational sustainability governors. This limits the scope for transparency‐induced accountability in this policy domain.     

The Translation of Transnational Voluntary Standards into Practices: Civil Society and the Forest Stewardship Council in Russia

The article analyses closely the role of civil society in the local translation and adaptation of transnational standards of responsible use of natural resources in global certification regimes. The study builds on original evidence from Russia on civil society and forest certification, based on extensive fieldwork. It argues that the local translation of global sustainability standards into on-the-ground practices is not a straightforward execution of rules imposed by powerful transnational actors—e.g. international nongovernmental organizations, multinationals, governments, or consumers. Rather, local civil society actors elaborate the ways in which transnational standards are implemented locally and thereby construct new knowledge related to standard implementation and responsible natural resource management. The paper contributes to the literature on transnational governance by examining the involvement of civil society organizations in the translation, adaptation, and learning dynamics in global certification regimes.     

Civil Society Intervention in the War-Torn Gulu District in Northern Uganda: Policy Implications for Social Service Delivery

Civil society in the African Gulu district of Uganda operates in an area of acute humanitarian crisis. The fragile nature of the environment due to prolonged civil war has rendered ineffective the implementation of public policies that should enable the population access to services. Thus, civil society intervention in this area is on urgent requirement as government and market have failed to deliver services to the people. The Gulu case is representative of other developing countries undergoing similar conflicts. Development partners need to recognize the role of civil society and advocate policies that enhance their effective participation in the development process. In order to more effectively tackle global development challenges, and in this era of globalization, this article argues that serious discussions should be held by all development partners to form a global governance system led by civil society organizations.     

Production goes global,compliance stays local: Private regulation in the global electronics industry

Poor working conditions in global supply chains have led to private initiatives that seek to regulate labor practices in developing countries. But how effective are these regulatory programs? We investigate the effects of transnational private regulation by studying Hewlett‐Packard's (HP) supplier responsibility program. Using analysis of factory audits, interviews with buyer and supplier management, and field research at production facilities across seven countries, we find that national context – not repeated audits, capability building, or supply chain power – is the key predictor of workplace compliance. Quantitative analysis shows that factories in China are markedly less compliant than those in countries with stronger civil society and regulatory institutions. Comparative field research then illustrates how these local institutions complement transnational private regulation. Although these findings imply limits to private regulation in institutionally poor settings, they also highlight opportunities for productive linkages between transnational actors and local state and society.     

Experimentalist governance in the EU: The emperor's new clothes?

Most students of the EU agree by now that it is best described as a governance system. There is far less consensus on what kind of governance the EU actually features: modern, postmodern, network, cooperative, innovative or simply new? Sabel and Zeitlin have advanced yet another concept. This paper discusses the added value of their “experimentalist governance” (EG), as presented in an edited volume published in 2010, for understanding and explaining the nature of EU policymaking, addressing four questions: First, to what extent is EG distinct from existing concepts of governance? Second, how pervasive is EG in the EU when compared to alternative forms of governance? Third, what is the effect of EG on EU policy outcomes, on the one hand, and the overall architecture of the EU, on the other? Finally, does EG solve or exacerbate the EU's democratic deficit?     

Balancing experimentalist and hierarchical governance in European Union electricity and telecommunications regulation: A matter of degrees

While the widespread diffusion of experimentalism across sectors and polities is well documented, less is known about the extent of the shift to this non‐hierarchical form of governance, which continues to coexist with traditional hierarchical governance and involves more inclusive rulemaking and revision based on review of alternative implementation experiences. By comparing and process‐tracing electricity and telecommunications regulation in the European Union, we find diversity in experimentalism over time and across two sectors often considered similar. We explain varying degrees of experimentalism with strategic uncertainty and the constellation of preferences, which we label “de facto polyarchy.” Thus, we confirm the emphasis on uncertainty documented in the experimentalist literature, while addressing a conventional critique by also highlighting the relevance of “politics.” Moreover, while corroborating the common spread of experimentalism, we suggest that an analytical framework based on ideal types offers the best route forward to develop comparative analysis of experimentalism and non‐hierarchical forms of governance more broadly.     

Good governance and differentiated integration: Graded membership in the European Union

The study of European integration has traditionally focused on organisational growth: the deepening and widening of the European Union (EU). By contrast, this article analyses organisational differentiation, a process in which states refuse, or are being refused, full integration but find value in establishing in‐between grades of membership. It describes how the EU's system of graded membership has developed, and it explains the positioning of states in this system. The core countries of the EU set a standard of ‘good governance’. The closer European countries are to this standard, the closer their membership grade is to the core. Some countries fall short of this standard and are refused further integration by the core: their membership grade increases with better governance. Other countries refuse further integration because they outperform the standards of the core countries: their membership grade decreases as governance improves. These conjectures are corroborated in a panel analysis of European countries.     

实验主义治理：公共治理的一个新路径

实验主义治理秉持以现实问题为导向和以经验证据为支撑的实证理念和循证品格,在纵向放权的基础上通过目标设置、差异探索、治理评估、政策迭代和政策扩散等机制探寻政策改进和治理优化的可行路径。作为一种新的治理模式,它的兴起是为了应对治理复杂性的挑战、弥补科层式治理的不足和探寻治理现代化的路径等。实验主义治理模式注重纵向放权、公众参与和多元协作,改善了公共治理主体间的关系,提升了治理的参与性、科学性和有效性,是科层式治理模式的重要补充。但在实践中,实验主义治理也面临着法治困境、创新困境和合作困境等现实难题。在我国推进治理体系与治理能力现代化的背景下,应当协调好实验主义治理中创新与法治的内在张力,完善治理体制与机制,提升实验主义治理的实践效能,从而使其在全面深化改革进程中发挥更大的作用。     

From International Relations to Global Governance Theory: Conceptualizing NGOs after the Rio Breakthrough of 1992

Abstract

This essay systematizes the ontology of non-governmental organizations (NGOs) and the processes of their inclusion in world politics. It tracks conceptualizations of NGOs, their integration into IR theory, and the resultant move toward global governance (GG) theory. First, I provide an interdisciplinary ontological evolution of NGOs in international relations (IR): as international interest groups, then transnational social movement organizations, then transnational advocacy networks, and most recently as global civil society. All stress different features of NGO activism, but none have successfully replaced the term ‘NGO.’ Second, this new ontology requires a new process for participation in world politics—GG. GG theory expands on IR theory to include NGOs in multi-actor, issue-driven relationships.     

The politics of resonance: Transnational sustainability governance in Argentina

Why do private governance initiatives trigger greater participation in one country than another? This article examines the domestic dimension of transnational regulation through a case study of private sustainability governance in Argentina. Drawing from theories of contentious politics, the argument poses that the resonance of transnational private governance is shaped by the semantic compatibility of “incoming” sustainability programs against national political culture. Analyzing the limited participation of Argentine actors in contemporary sustainability initiatives, the article claims that the validity and relevance of sustainability programs is affected by three dimensions of national political culture accentuated over the last decade: a politicized model of state‐society relations, the low visibility of environmental matters, and a widespread anti‐corporate culture. By examining the ideational fundamentals of the “politics of resonance” in Argentina, the article makes a relevant and original contribution to transnational regulation literature, highlighting the need for theoretical accounts and empirical analyses that address domestic and cultural variables as fundamental pieces in transnational norm diffusion and effectiveness.     

Regionalist governance and transnational collective action in Latin America

Abstract

New forms of regionalism are now a central element in global governance. It is sometimes suggested that new regionalism represents an opportunity for transnational civil society activism. I explore this argument through a comparison of processes of collective action in two emerging frames of regionalism governance in the Americas, the FTAA/Summit of the Americas and Mercosur. I show that, while civil society activism has regionalized to some extent in relation to both hemispheric regionalism and sub-regionalism, this process is far more marked in the former. I suggest, further, that the influence of civil society actors in regionalist governance in the Americas is extremely limited. This is due to persistent institutional barriers to inclusion, the practical obstacles for many groups of scaling up to the regional/transnational level and the particular difficulties associated with accessing trade-based negotiations.     

Governance through civil society? An Anglo-Italian comparison of democratic renewal and local regeneration

Abstract

The UK has become a prime case for the implementation of the ‘new governance’ of partnership between central government and civil society. This perspective has become central to New Labour policies for both local socio-economic regeneration and democratic renewal in the United Kingdom. However, limitations in its redistribution of power, its transparency in the policy-making process, including the representativeness of civil society participants, and, in the effectiveness of its outcomes have all been alleged by academic critics. These issues are explored by contrasting a robust, British case of local, participatory governance in Bristol with a quite different, and more conventional approach to democratic renewal in the Italian city of Naples. Despite similar problems of socio-economic dereliction and similar schemes of regeneration in the two cases, the Italian approach emphasized the exclusive role of a renewed constitutional democracy, while in Bristol central government agencies promoted an accentuation of local trends to participation by local civil society organizations. Applying an analytical framework composed of national policies and regulations, institutional rules and norms, and the collective ‘identity’ factors identified by social capital theory, governance changes are here treated as ‘exogenous shocks’ and/or as opportunities for choice. However, over and above differences in these institutional frameworks the key factors are shown to be the longer-standing political cultures influencing local actors and their own repertoires of action; with repertoires influenced by objective validations of previous policy choices, or economic or electoral successes. The study finds that the achievements of the ‘inclusive’, participative governance approach do not significantly exceed those of an exclusivist, ‘neo-constitutionalism’, as practised by a more autonomous local government in Naples. Thus, on this evidence, enhanced civil society engagement still requires greater freedom from central government direction.     

From selective integration into selective implementation: The link between differentiated integration and conformity with EU laws

In recent years, the topic of differentiated integration in the European Union has become increasingly discussed in both political science research and politics in general. Whereas differentiated integration is viewed as necessary for deeper cooperation, recent findings suggest that it increases the gulf between participants and non‐participants, making it difficult for non‐participating countries to join in later negotiations. However, there is a lack of theoretical and empirical work regarding the relationship between different levels of participation in the EU and national policy outcomes. This article addresses this question by comparing the policy outcomes in fully participating, selectively participating (opting‐in) and non‐participating (opting‐out) EU Member States relative to EU legislation. The findings show that selective participation (opting‐in) increases state conformity with EU laws relative to no integration at all (opting‐out), but it does not completely bridge the gap between fully integrated Member States and non‐participants. The results suggest that countries with flexible arrangements are generally less likely to implement EU laws than full participants, even when they choose to legally commit to the EU requirements. This finding raises some further questions about the rationale behind selective participation and its consequences for policy conformity, if its application expands to other policy areas and more Member States in the future.     

Improving democratic governance through institutional design: Civic participation and democratic ownership in Europe

In this article we provide a conceptual and argumentative framework for studying how institutional design can enhance civic participation and ultimately increase citizens' sense of democratic ownership of governmental processes. First, we set out the socio-political context for enhancing the democratic governance of regulatory policies in Europe, and highlight the way in which civic participation and democratic ownership is given equal weight to economic competitiveness. We then discuss the potential for institutionalized participatory governance to develop and its prospects for improving effective and democratic governance in the multi-layered European polity. We conclude by outlining a research agenda for the field and identifying the priorities for scholars working interactively with civil society and governments.     

Europeanisation and social movements: The case of the Stop TTIP campaign

Over the past years, the economic crisis has significantly challenged the ways through which social movements have conceptualised and interacted with European Union institutions and policies. Although valuable research on the Europeanisation of movements has already been conducted, finding moderate numbers of Europeanised protests and actors, more recent studies on the subject have been limited to austerity measures and the Transatlantic Trade and Investment Partnership (TTIP) has been investigated more from a trade unions’ or an international relations perspective. In this article, the TTIP is used as a very promising case study to analyse social movements’ Europeanisation – that is, their capacity to mobilise referring to European issues, targets and identities. Furthermore, the TTIP is a crucial test case because it concerns a policy area (foreign trade) which falls under the exclusive competence of the EU. In addition, political opportunities for civil society actors are ‘closed’ in that negotiations are kept ‘secret’ and discussed mainly within the European Council, and it is difficult to mobilise a large public on such a technical issue. So why and how has this movement become ‘Europeanised’? This comparative study tests the Europeanisation hypothesis with a protest event analysis on anti‐TTIP mobilisation in six European countries (Italy, Spain, France, the United Kingdom, Germany and Austria) at the EU level in the period 2014–2016 (for a total of 784 events) and uses semi‐structured interviews in Brussels with key representatives of the movement and policy makers. The findings show that there is strong adaptation of social movements to multilevel governance – with the growing presence of not only purely European actors, but also European targets, mobilisations and transnational movement networks – with a ‘differential Europeanisation’. Not only do the paths of Europeanisation vary from country to country (and type of actor), but they are also influenced by the interplay between the political opportunities at the EU and domestic levels.     

Two hypotheses about the emergence of a post-national European model of citizenship

Citizenship is not just a status (defined by a set of rights and obligations), it is also an identity that expresses membership in a political community. It also has a substantive political dimension of active participation in the public sphere. Traditionally, collective identity and the membership dimensions of citizenship have been seen as intrinsic to the nation-state. The processes of globalization that have undermined the sovereignty of the nation-state make it necessary to reconceptualize citizenship in light of a ‘post-national’ framework. At the same time, however, the ‘culturalization’ of the social and the ‘multiculturalization’ of societies are putting into question the homogeneity of a collective identity. According to a recent hypothesis, a new post-national model of citizenship is emerging, one of European construction. In seeking to explore this position, the paper advances two additional hypotheses: (i) EU policy-making and governance are likely to foster a post-national European civil society with multi-level citizenship participation; and (ii) European anti-discrimination regulations are likely to accelerate the emergence of an alternative model to multiculturalism that can address differences within a universal framework of rights.