Escaping the International Governance Dilemma? Incorporated Transgovernmental Networks in the European Union

This article investigates the role of transgovernmental networks of national regulators in addressing collective action problems endemic to international cooperation. In contrast to recent work on transgovernmental actors, which emphasizes such networks as alternatives to more traditional international institutions, we examine the synergistic interaction between the two. Building on the broader premise that patterns of “dual delegation” above and below the nation‐state enhance the coordinating role of networks of national agencies in two‐level international governance, the article examines the formal incorporation of transgovernmental networks into European Union (EU) policymaking. The focus on authoritative rule‐making adds a crucial dimension to the landscape of EU governance innovations while connecting to the broader study of transgovernmental networks in international governance. The article develops an analytical framework that maps these incorporated networks across different sectors in terms of function, emergence, and effectiveness. Two case studies of data privacy and energy market regulation are presented to apply and illustrate the insights of this mapping.     

The Emerging Federal Quasi Government: Issues of Management and Accountability

There has been a growing trend in the federal government toward reliance on organizations that commingle legal attributes of the government and private sectors. These hybrid organizations now constitute a quasi government that occasions both interest and concern by political leaders, practitioners, and scholars alike because these organizations touch the very heart of democratic governance: To whom are these hybrids accountable? How well is the public interest being protected against the interests of private parties? In this article, the author seeks to define the quasi government and place these hybrid entities into manageable categories from which legal and behavioral generalizations may be drawn. Are hybrid organizations a problem or a solution? Looking critically at this question, the author suggests the answer may depend in large measure on which of two management paradigms the reader accepts: the constitutionalist management paradigm or the entrepreneurial management paradigm, both of which are defined and discussed. The author concludes that the increasin reliance on hybrid organizations constitutes a threat not only to accountable management within the government, but to the fundamental values of democratic governance as well.     

Dysfunctional state institutions,trust, and governance in areas of limited statehood

Areas of limited statehood where the state is absent or dysfunctional are rarely ungoverned or ungovernable spaces. The provision of rules and regulations, as well as of public goods and services – governance – does not necessarily depend on the existence of functioning state institutions. How can this be explained? To begin with, we identify functional equivalents to state institutions that fail to govern hierarchically. Moreover, we focus on informal institutions based on trust that are endogenous to areas of limited statehood. Personalized trust among community members enables actors to overcome collective action problems and enhances the legitimacy of governance actors. The main challenge in areas of limited statehood, which are often characterized by social heterogeneity and deep social and cultural cleavages (particularly in post‐conflict societies) is to move to generalized trust beyond the local level and to “imagined communities among strangers,” despite dysfunctional state institutions. We propose two mechanisms: First, the more group‐based identities are constructed in inclusive ways and the more group identities are cross‐cutting and overlapping, the more they lead to and maintain generalized trust. Second, experiences with fair and impartial institutions and governance practices – irrespective of whether state or non‐state – also lead to generalized trust beyond the local level and allow for the upscaling of governance.     

Between ballots and bullets: elections and citizenship in and beyond the nation-state

This article approaches electoral acts and performances as central sites for the negotiation of citizenship relations. I argue that, in order to understand how these relationships are shaped, we must attend to governmental actors beyond the nation-state, from trade unions to criminal organizations. Focusing on the case of Jamaica, I show how non-state actors have come to play a central role in hybrid forms of governance, shaping citizens' allegiances to multiple, overlapping political communities. How are campaigning and voting affected by such multiple allegiances? What new understandings of citizenship can we develop if we take the role of non-state actors in the electoral process seriously? I suggest that we should study elections as a site where citizenship – understood here in its broad sense of membership of a political community – can develop both within and beyond the nation-state.     

In the Name of Human Rights: Global Organizations and Participating Citizens

As a contribution to the growing literature on citizenship and advanced liberal governance, this paper focuses on how citizens—especially the poor—are brought into new policy platforms and new social relationships of responsibility, accountability, and participation. In making specific empirical reference to a range of global organizations and their poverty reduction initiatives, the analysis emphasizes the diverse ways in which individuals are governed as certain kinds of “free” persons through particular administrative practices. In this analysis, we underline how some organizations encourage citizens to participate in global practices, markets, and institutions, and train them to act in ways that are aligned with the principles and expectations imposed on them by advanced liberal governmental agendas. We argue that global organizations that are formally or informally linked to other organizations, agencies, and governments around the world, such as the United Nations and the World Bank, view citizens' participation in rights claiming and budgetary design practices as a crucial part of their responsibility to improve their well-being. We also analyse how specific global organizations promote citizens to become consumers of global financial services as a way of solving global poverty. In assessing programmes designed to encourage poor people to participate in global markets and institutions, we contend that these programmes are founded on governing practices that aim to make citizens, non-governmental organizations, and nation-states adhere to advanced liberal principles. We question whether these programmes improve the well-being of poor people. We suggest that future research needs to focus on how global organizations cultivate different discourses of freedom and liberty which serve to govern citizens as responsible consumers and participants.     

Why Do Private Governance Organizations Not Converge? A Political–Institutional Analysis of Transnational Labor Standards Regulation

Voluntary governance arrangements focusing on responsible business behavior have proliferated over the past decades, and in many sectors of industry, different governance organizations now compete for business participation. This private governance competition has negative consequences for the effective functioning of these arrangements. In the literature up until now, optimism prevails on how a process of policy convergence between organizations may come about that would solve some of the problems that arise because of this competition. It is remarkable, however, that in one of the key industries referred to in this literature, the garments industry, convergence is virtually absent. This article explains why this is so and suggests that next to three existing approaches to the evolution and possible convergence of private governance organizations, actually a fourth, pessimistic type should be introduced, taking into account the evolution and perseverance of political difference between interest groups creating and supporting private governance arrangements.     

Institutionalized social skill and the rise of mediating organizations in urban governance: the case of the Cleveland Housing Network

In this paper we build on an expanding literature that attempts to understand the changing organizational and institutional dimensions of contemporary urban governance. We do so by utilizing the Cleveland Housing Network as a lens through which salient characteristics of contemporary governance become visible. Doing so enables us to highlight the distinctive challenges of the multi-institutional nature of contemporary governance arrangements and “heterarchic” governance in particular. These challenges situate mediating organizations as central components of governance arrangements. Finally, by focusing on the distinctive characteristics of the organization's leaders, we demonstrate that mediating organizations are usefully thought of as institutionalized forms of the “social skill” of institutional entrepreneurs.     

The effects of boundary spanners on trust and performance of urban governance networks: findings from survey research on urban development projects in the Netherlands

Previous research has extensively analyzed the role, and indicated the importance, of network management for the functioning and performance of public or governance networks. In this article, we focus on the influence of boundary spanning actors in such networks—an aspect less examined in the governance network literature. Boundary spanners are considered to be important for governance network performance. Building on the literature, we expect a mediating role of trust in this relationship. To empirically test these relationships, we conducted survey research (N = 141) among project managers involved in urban governance networks: networks around complex urban projects that include the organizations involved in the governance process (the formulation of policies, decision making, and implementation) in these complex projects. We found a strong positive relationship between the presence of boundary spanners and trust and governance network performance. The results indicate a partially mediating role of trust in this relationship. Furthermore, we found that these boundary spanners originated mainly from private and societal organizations, and less from governmental organizations.     

Embeddedness and the Articulation of Capital Interests in Norway

This article focuses on organization of capital interests comparatively across sectors and does so by developing an explanatory framework linking organizational patterns to incentives for individual strategies. The key argument is that variations in the political organization of capital interests across sectors, and the linkages between state and capital interests, reflect different degrees of embeddedness. Underlying the embeddedness hypothesis is the notion that the organization of capital can be seen as an alternative to governance through market processes. Organization may replace market governance either by constituting an alternative to internal self-regulation or by channelling regulatory functions through cooperation with public authorities. A set of hypotheses are developed concerning the relationship between degree of embeddedness on the one hand, and organization of capital interest organization and the interface between state-industry, on the other. The overall picture is that we find support for the crux of our argument, but there are important modifications. As for functional differentiation of capital interests we find, in accordance with OUT hypothesis, that highly embedded capital is associated with organizations that have a broad set of functions. Transient capital, on the other hand, has comparatively less stable ties to production systems as well as other social relations, and is thus more difficult to control organizationally. Concerning vertical integration, our hypotheses is only partially supported Looking at the interface between state and economic organizations in the primary sectors and non-embedded sectors such as finance and insurance, we find the data quite in accordance with our hypotheses. Cases with a medium level of embeddedness do not, however, fit our hypotheses as well as the sectors at the two extreme ends.     

The New Governance: Practices and Processes for Stakeholder and Citizen Participation in the Work of Government

Leaders in public affairs identify tools and instruments for the new governance through networks of public, private, and nonprofit organizations. We argue the new governance also involves people—the tool makers and tool users—and the processes through which they participate in the work of government. Practitioners are using new quasi-legislative and quasi-judicial governance processes, including deliberative democracy, e-democracy, public conversations, participatory budgeting, citizen juries, study circles, collaborative policy making, and alternative dispute resolution, to permit citizens and stakeholders to actively participate in the work of government. We assess the existing legal infrastructure authorizing public managers to use new governance processes and discuss a selection of quasi-legislative and quasi-judicial new governance processes in international, federal, state, and local public institutions. We conclude that public administration needs to address these processes in teaching and research to help the public sector develop and use informed best practices.     

Cosmopolitan Aspirations: New Media,Citizenship Education and Youth in Latin America

A wide variety of supranational organizations and networks are currently promoting educational initiatives aimed at disseminating particular values and notions of citizenship in Latin America via new media and in particular the Internet. These organizations exercise a growing influence on educational objectives and techniques in the region. Despite the fact that access is still modest among many sectors in Latin America, the hope is that these new media will contribute to the eradication among young people of undesirable behaviour such as delinquency and political apathy, and instead foster a stronger sense of civic responsibility. That sense might underpin a more constructive, entrepreneurial global youth culture espousing universal, multicultural values rather than particularistic, parochial ones. The Internet is presented in such initiatives as possessing intrinsically educational, entrepreneurial and democratizing properties. The article explores the activities of supranational organizations and networks operating in Latin America, and seeks to provide a glimpse of the idealised youth identities that they envision. It is argued that the new roles assigned to education are shaped by new media optimism, cosmopolitan aspirations and a post-national rather than nationally anchored conception of citizenship. Theories of governance and governability are used to understand how these developments can be seen in terms of the globalization of politics and the ensuing changes in the forms, rationalities and techniques of governance in a wide range of issue areas, including education.     

Reforming regulatory relationships: The impact of medical revalidation on doctors,employers, and the General Medical Council in the United Kingdom

In 2012, medical regulation in the United Kingdom was fundamentally changed by the introduction of revalidation – a process by which all licensed doctors are required to regularly demonstrate that they are up to date and fit to practice in their chosen field and are able to provide a good level of care. This paper examines the implications of revalidation on the structure, governance, and performance management of the medical profession, as well as how it has changed the relationships between the regulator, employer organizations, and the profession. We conducted semi‐structured interviews with clinical and non‐clinical staff from a range of healthcare organizations. Our research suggests that organizations have become intermediaries in the relationship between the General Medical Council and doctors, enacting regulatory processes on its behalf and extending regulatory surveillance and oversight at local level. Doctors’ autonomy has been reduced as they have become more accountable to and reliant on the organizations that employ them.     

Collective identities,public spheres,civil society and citizenship in the contemporary era – with some observations on the Israeli scene

This paper falls into two sections. In the first certain macro-social changes that have transformed the nature of collective identities in the modern period are considered. In the second, how these have had an impact on Israeli society is considered.

In the contemporary era there have been taking place in Europe – indeed throughout the world – far-reaching changes and transformation of public spheres, civil society and conceptions of citizenship, in close relation to the crystallization of new patterns of collective identity – processes which entail far-reaching transformations of some aspects of what has been envisaged as the ‘classical’ nation-state or the decomposition of some of its components.

These far-reaching changes, decline or transformation of the ideological and institutional premises of the modern nation state developed in a specific historical context. The most important characteristic of this new context was the combination of first, changes in the international systems and shifts of hegemonies within them; second, processes of internal ideological changes in Western societies; third, the development of new processes of globalization; and fourth, far-reaching processes of democratization, of the growing demands of various social sectors for access into the centers of their respective societies, as well as into international arenas.     

Trust but verify? Voluntary regulation programs in the nonprofit sector

In this article we examine how information problems can cause agency slippages and lead to governance failures in nonprofit organizations. Drawing on the principal–agent literature, we provide a theoretical account of an institutional mechanism, namely, voluntary regulation programs, to mitigate such slippages. These programs seek to impose obligations on their participants regarding internal governance and use of resources. By joining these programs, nonprofit organizations seek to differentiate themselves from nonparticipants and signal to their principals that they are deploying resources as per the organizational mandate. If principals are assured that agency slippages are lower in program participants, they might be more likely to provide the participants with resources to deliver goods and services to their target populations. However, regulatory programs for nonprofit organizations are of variable quality and, in some cases, could be designed to obscure rather than reveal information. We outline an analytical framework to differentiate the credible clubs from the “charity washes.” A focus on the institutional architecture of these programs can help to predict their efficacy in reducing agency problems.     

A Failure to Communicate: 9/11 and the Tragedy of the Informational Commons

ABSTRACT

We investigate how networks among service organizations are integrated through a shared participant type of governance. Shared participant governance is a non-brokered type of network coordination where a network is governed by its members without a separate governance entity. We study the integrative capacity of this type of governance by measuring the effect of participation in a shared participant governance on tie formation in networks among service organizations. We analyze three networks of service organizations in three districts of Antwerp, Belgium. In each of these districts, the networks are governed by welfare meetings, defined as a shared participant type of governance. We use exponential random graph models. The results show that a shared participant type of governance has a positive effect on tie formation. We also find that the positive effect on tie formation is dependent on the active participation of centralized actors in the welfare meetings.     

Who governs? Delegations and delegates in global trade lawmaking

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.     

Capital united? Business unity in regulatory politics and the special place of finance

While organized business is a key actor in regulatory politics, its influence is often conditional on the level of unity or conflict occurring within the business community at any given time. Most contemporary regulatory policy interventions put pressure on the normal mechanisms of business unity, as they are highly targeted and sector‐specific. This raises the question of how business unity operates across a highly variegated economic terrain in which costs are asymmetric and free‐riding incentives are high. In this paper, we empirically assess patterns of business unity within regulatory policymaking across different regulated sectors. Our analysis utilizes data from hundreds of regulatory policy proposals and business community reactions to them in the telecommunications, energy, agriculture, pharmaceutical, and financial sectors over a variety of institutional contexts. We find considerable empirical support for the “finance capital unity” hypothesis – the notion that the financial sector enjoys more business unity than other regulated sectors of the economy. When the financial sector is faced with new regulations, business groups from other sectors frequently come to its aid.     

Public orchestration,social networks,and transnational environmental governance: Lessons from the aviation industry

This article contributes to current debates on the potential and limitations of transnational environmental governance, addressing in particular the issue of how private and public regulation compete and/or reinforce each other – and with what results. One of the most influential approaches to emerge in recent years has been that of “orchestration.” But while recent discussions have focused on a narrow interpretation of orchestration as intermediation, we argue that there is analytical traction in studying orchestration as a combination of directive and facilitative tools. We also argue that a social network analytical perspective on orchestration can improve our understanding of how governments and international organizations can shape transnational environmental governance. Through a case study of aviation, we provide two contributions to these debates: first, we propose four analytical factors that facilitate the possible emergence of orchestration (issue visibility, interest alignment, issue scope, and regulatory fragmentation and uncertainty); and second, we argue that orchestrators are more likely to succeed when they employ two strategies: (i) they use a combination of directive and facilitative instruments, including the provision of feasible incentives for industry actors to change their behavior, backed up by regulation or a credible regulatory threat; and (ii) they are robustly embedded in, and involved in the formation of, the relevant transnational networks of actors and institutions that provide the infrastructure of governance. © 2017 JohnWiley & Sons Australia, Ltd     

Network of Networks: Preliminary Lessons from the Antwerp Port Authority on Crisis Management and Network Governance to Deal with the COVID-19 Pandemic

In this article, the authors describe and illustrate what they call a “network of networks” perspective and map the development of a lead network for the Antwerp Port Authority that governed organizations and networks in the port community before and during the COVID-19 pandemic. They find that setting a collective focus and selective integration are crucial in the creation and reproduction of an effective system to adequately deal with a wicked problem like the COVID-19 pandemic. The findings on crisis management and network governance are used to engage practitioners and public policy planners to revisit the current design and governance of organizational networks within organizational fields that have been hit by the COVID-19 pandemic.     

Private authority and public policy interactions in global context: Governance spheres for problem solving

Private organizations play a growing role in governing global issues alongside traditional public actors such as states, international organizations, and subnational governments. What do we know about how private authority and public policy interact? What are the implications of answering this question for understanding support for, and effects of, policy development generally? The purpose of this article is to reflect on these questions by introducing, and reviewing, a special issue that challenges explicit claims, and implicit methodologies, that treat private and public governance realms as distinct and/or static. We do so by advancing a theoretical and conceptual framework with which to explore how the contributions to this special issue enhance an understanding about governance interactions across a range of empirical, sectoral, and regional domains. We specifically introduce the concept of governance spheres to capture the proliferation of issue domains denoted by highly fluid interactions across public and private governance boundaries.