Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation

This paper examines to what extent the background presence of state regulatory capacity – at times referred to as the “regulatory gorilla in the closet” – is a necessary precondition for the effective enforcement of transnational private regulation. By drawing on regulatory regimes in the areas of advertising and food safety, it identifies conditions under which (the potential of) public regulatory intervention can bolster the capacity of private actors to enforce transnational private regulation. These involve the overlap between norms, objectives, and interests of public and private regulation; the institutional design of regulatory enforcement; compliance with due process standards; and information management and data sharing. The paper argues that while public intervention remains important for the effective enforcement of transnational private regulation, governmental actors – both national and international – should create the necessary preconditions to strengthen private regulatory enforcement, as it can also enhance their own regulatory capacity, in particular, in transnational contexts.     

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.     

The Institutionalization of Private Governance: How Business and Nonprofit Organizations Agree on Transnational Rules

This article assesses the recent trend of cooperation among antagonistic private actors that results in the creation and implementation of issue-specific transnational norms and rules and the subsequent shift from public to private forms of governance. Many political scientists agree that authority also exists outside of formal political structures. Private actors increasingly begin to make their own rules and standards that acquire authority beyond the international system. This observation is often referred to as private transnational governance as opposed to public or international governance. Although the concept of private governance gains prominence in academic debates, it is not clear how private governance on the global scale is constructed and maintained or what specific or general conditions are necessary for private governance to emerge. Based on the review of common theoretical propositions, this article develops an integrated model along which the necessary conditions for the emergence of private governance can be assessed and understood. As most research has hitherto focused on institutionalized cooperation between business actors (self-regulation), this article takes a closer look at those transnational systems of rule that result out of the enhanced cooperation between profit and nonprofit actors (coregulation).     

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.     

Social capital and the public‐private divide in Greek regions

This article argues that the concept of social capital, by facilitating collective action among the actors within institutional networks, constitutes a prerequisite for overcoming the public‐private divide and achieving synergies at the regional and local levels. Thus, within the framework of European regional policy, it is considered to be the crucial factor for the processes of institutional learning and successful adaptation/Europeanisation of the subnational systems of governance. The case of Greece demonstrates that the combination of a centralised state structure and a weak civil society breeds the creation of hierarchical, clientelistic networks that undermine the process of crossing the public—private divide and inhibits the Europeanisation function of subnational governments.     

Grounding transnational business governance: A political-strategic perspective on government responses in the Global South

Recent scholarship on transnational business governance has begun to examine public-private interactions and the active role of governments. We make two key contributions that integrate and expand this literature. First, in juxtaposition to functionalist accounts, we foreground the fundamentally political and often contentious character of these interactions. As private transnational governance schemes and standards “hit the ground,” private-public interactions, we argue, are embedded in national political arenas and tied to domestic distributional struggles among competing regulatory coalitions. Building upon multiple empirical streams of research, we develop a political-strategic framework that maps the diversity of Southern government responses (substitute, adopt, repurpose, replace, or reject) to transnational private governance. Our framework shows that government responses are a function of both strategic fit with domestic industrial capabilities and structures, and strength of developmental state capacity. Second, our proposed framework adopts the vantage point of Global South governments and industries, particularly how development challenges and strategic options within global value chains affect their understanding of, and responses to, transnational schemes and standards. This is an important corrective to a Northern bias in the private governance literature.     

Subnational participation in extra-national policy solutions: Kitakyushu City as an intermediate agent in policy coordination

The growing challenges of environment and sustainable development stretch across scales of geographic space and require action at multiple levels of jurisdictions, such as individual level, community level, national level, and global level. Multilevel governance and cross-scale coordination will open up opportunities for a variety of stakeholders to participate in decision-making. While potentially increasing the capacity of governance, the cross-scale and multilevel approaches may face a difficulty in policy coordination created by the plurality of stakeholders and be attended with organizational complexity. This article will examine the potential of subnational participation to make a policy choice, mediated by local governments, to be congruent with global strategies and national mandates in a consistent way. To this end, it will bring a new perspective to Kitakyushu City's experience in Japan as a heuristic test case study. My claim is that subnational actors occupy a strategic position to straddle the division between state and society, between the center and the periphery, and between the domestic and the foreign so they can act as an intermediate agent in reconnecting local action with national policy and turning global strategies into local action for problem solving.     

Codes in context: How states,markets, and civil society shape adherence to global labor standards

Transnational business regulation is increasingly implemented through private voluntary programs – such as certification regimes and codes of conduct – that diffuse global standards. However, little is known about the conditions under which companies adhere to these standards. We conduct one of the first large‐scale comparative studies to determine which international, domestic, civil society, and market institutions promote supply chain factories' adherence to the global labor standards embodied in codes of conduct imposed by multinational buyers. We find that suppliers are more likely to adhere when they are embedded in states that participate actively in the International Labour Organization treaty regime and that have stringent domestic labor law and high levels of press freedom. We further demonstrate that suppliers perform better when they serve buyers located in countries where consumers are wealthy and socially conscious. These findings suggest the importance of overlapping state, civil society, and market governance regimes to meaningful transnational regulation.     

Transnational policy influence and the politics of legitimation

Many domains of transnational policy are now governed through dynamic, multilevel governance processes, encompassing transnational, national, and subnational scales. In such settings, both membership of policy communities and distributions of authority within them become more fluid and openly contested—increasing the importance of the politics of legitimation as a basis for distributing influence over policy processes and outcomes. Drawing on insights from theories of organizational and institutional legitimation, this article theorizes three distinctive strategies of policy influence exercised by transnational actors in multilevel governance settings, through which strategic efforts to legitimize transnational actors and forums are deployed as means of transnational policy influence. The three strategies involve: transnational field building, localized network building, and role adaptation. The effects of these influencing strategies on policy processes and outcomes are illustrated with reference to the case of Indonesian land governance, in which highly dynamic, contested, and multiscalar governance processes lend our theorized strategies particular salience.     

Private regulation,public policy,and the perils of adverse ontological selection

What problems can private regulatory governance solve, and what role should public policy play? Despite access to the same empirical evidence, the current scholarship on private governance offers widely divergent answers to these questions. Through a critical review, this paper details five ontologically distinct academic logics – calculated strategic behavior; learning and experimentalist processes; political institutionalism; global value chain and convention theory; and neo-Gramscian accounts – that offer divergent conclusions based on the particular facets of private governance they illuminate, while ignoring those they obfuscate. In this crowded marketplace of ideas, scholars and practitioners are in danger of adverse ontological selection whereby certain approaches and insights are systematically ignored and certain problem conceptions are prioritized over others. As a corrective, we encourage scholars to make their assumptions explicit, and occasionally switch between logics, to better understand private governance's problem-solving potential and its interactions with public policy.     

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.     

Governing health and safety at lower tiers of the computer industry global value chain

Global brands remain under increasing pressure to ensure labor standards and codes of conduct are met by their suppliers. Little is known about how this is addressed by lower tier suppliers. We investigate whether, and how, occupational health and safety standards permeate down the computer industry value chain. We compare first and second tier suppliers' engagement with a private voluntary industry code, the Electronic Industry Code of Conduct, and the publicly regulated European Union Directive on the Restriction of Hazardous Substances. We find the industry code absent at the lower tier, yet second tier suppliers do implement the European Union Directive. This is achieved without support from public agencies or global value chain linkages. Our findings question the emphasis placed on chain governance in studies of labor compliance in global value chains, and suggest that alternative and complementary approaches may be required for effective labor compliance throughout the value chain.     

Cyber insurance and private governance: The enforcement power of markets

In the last half decade, cyber insurance has emerged as a multi-billion-dollar industry with the authority to set and enforce standards of security behavior. Although cybersecurity has become a concern of national policymakers, insurers appear to have supplanted the state to play an influential role in governing some aspects of client behavior. This paper explores private governance by cyber insurance firms and evaluates two competing explanations for its emergence – either that the private sector advanced to set and enforce cybersecurity standards for financial gain, or that the state retreated from its responsibility to regulate and private sector actors filled the gap only as necessary. To find an answer between these explanations, this article develops a single outcome case study of the American cyber insurance industry. Following a theoretical introduction to private governance and its manifestation through insurance, the article examines the insurance process and its application in cybersecurity, the key role of standards, and the mechanism of enforcing those standards. The article concludes by identifying key elements of this market-based enforcement and discussing implications for crafting effective private governance in other domains and public policy.     

Legitimacy and the Privatization of Environmental Governance: How Non–State Market–Driven (NSMD) Governance Systems Gain Rule–Making Authority

In recent years, transnational and domestic nongovernmental organizations have created non–state market–driven (NSMD) governance systems whose purpose is to develop and implement environmentally and socially responsible management practices. Eschewing traditional state authority, these systems and their supporters have turned to the market's supply chain to create incentives and force companies to comply.
This paper develops an analytical framework designed to understand better the emergence of NSMD governance systems and the conditions under which they may gain authority to create policy. Its theoretical roots draw on pragmatic, moral, and cognitive legitimacy granting distinctions made within organizational sociology, while its empirical focus is on the case of sustainable forestry certification, arguably the most advanced case of NSMD governance globally. The paper argues that such a framework is needed to assess whether these new private governance systems might ultimately challenge existing state–centered authority and public policy–making processes, and in so doing reshape power relations within domestic and global environmental governance.     

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.     

Australian Federalism Confronts Globalisation: A New Challenge at the Centenary

Globalisation poses a special challenge for federal systems of government. Despite administrative reforms, Australia has not fully confronted crucial questions regarding the role of states and territories when international issues overlap areas of subnational government authority. This challenge emerged with controversies over environmental regulations, import quarantines and Aboriginal policies. Initial reforms focused mainly on treaty approval processes, leaving broader policy questions largely unexamined. Subnational governments sometimes react protectively when facing dislocation threats from global forces; conversely, they can carry out constituency representation and education functions in ways that promote Australia's competitiveness and counter public distrust of globalisation. Federalism's new challenge is to devise political processes that foster positive state and territorial participation in Australia's response to globalisation.     

Gaining and seeking access: The European adaptation of domestic interest associations

Abstract. The multilevel governance literature on European politics argues that supranational governing arrangements have increased their autonomy vis–à–vis national governments. As private interests increasingly bypass national levels and become active in transnational Euro–level policy networks, national governments are no longer the sole interface between supranational and national levels. In contrast, the European Union might also be conceptualised as a two–level interstate negotiation system, an approach assuming that interests are formed and aggregated at the national level. Societal interests enter the fray of European negotiations via national executives, and private interests bypassing the national level are considered as a rather marginal, even irrelevant, phenomenon. In addition, both accounts expect different outcomes regarding which sorts of private interests – diffuse or specific – seek and gain access to both domestic and European public actors. By analysing the varying network strategies of domestic private actors, in particular interest associations, this article explores some propositions held by these two approaches. After a more comprehensive outline of some hypotheses, evidence collected among public and private actors at both the domestic (Belgian) and European levels will be analysed. In general, the results suggest that Euro–level networks of domestic interests are substantially related to their structural location within the domestic realm, that network strategies tend to be quite bureaucratic and that the sort of interest represented – diffuse or specific – has a considerable effect on gaining and seeking access.     

Territorial Representation and the Opinion–Policy Linkage: Evidence from the European Union

A key feature of federal systems is the representation of subnational units by “territorial representatives” in policymaking at the federal level. How do such arrangements influence the linkage between public opinion and policy outputs? I argue that policymaking under territorial representation should be systematically skewed toward opinion in those states where citizens care about a policy issue and have a uniform view on it. This claim is tested using a novel data set of policy change in the European Union (EU), covering 211 policy issues and 6,506 observations of opinion–policy dyads. Results show that measures weighting opinion across member states by how much national citizens care about an issue are better predictors of policy change than EU‐wide mean opinion. Moreover, congruence between state‐level opinion and EU‐level policy becomes more likely, the more salient and clear‐cut opinion in a member state is. These findings refine our understanding of the opinion–policy linkage under territorial representation.     

Climate Policy,Energy Resources and Subnational Policy-Making: Comparative Policy Study of Hawaii and Victoria

Abstract

This paper considers key drivers to climate policy development with an emphasis on the role of a jurisdiction’s underlying energy resource. The states of Hawaii in the United States and Victoria in Australia provide an insightful comparative case study given their differing energy resources: Hawaii has no native fossil fuel resources but abundant renewable energy options while Victoria has an economy traditionally reliant on cheap, plentiful coal. The Advocacy Coalition Framework is applied to analyze why the two states, despite the different incentives provided by their energy resources, developed similar climate policies in the earlier period of policy response to global warming. Analysis finds the stable parameter of energy resources is counterbalanced by other policy drivers including public opinion, leadership and, in particular, features of policy-making particular to the subnational level that provide a different context for climate policy development to that offered at the national level.     

The Limits and Opportunities of Networks: Municipalities and Canadian Climate Change Policy

Research on climate change policy and politics has become increasingly focused on the actions and influence of subnational governments. In North America, this attention has been particularly focused on why subnational governments have taken action in the absence of national leadership, what effect action might have on future national climate policy, and whether the collective action of networks of municipal governments are reshaping and challenging the character of national and global climate governance. This paper examines Canadian municipal climate in light of the absence of a comprehensive and effective climate national strategy. The paper considers various reasons why local governments in Canada have not been central players in national plans, and why their actions have not been more influential nationally. The paper argues that the potential influence of Canadian municipalities on national climate policy is weak, given the loose nature of the network and the long-held structural view that municipalities are not significant units of political analysis in national political and policy debates. The paper concludes by considering the constraints and opportunities of subnational climate networks and municipal network analysis.