Disaggregating public-private governance interactions: European Union interventions in transnational private sustainability governance

Transnational private sustainability governance, such as eco-certification, does not operate in a regulatory or jurisdictional vacuum. A public authority may intervene in private governance for various reasons, including to improve private governance's efficient functioning or to assert public regulatory primacy. This article argues that to properly understand the nature of public-private governance interactions—whether more competitive or complementary—we need to disaggregate a public authority's intervention. The article distinguishes between four features of private governance in which a public authority can intervene: standard setting, procedural aspects, supply chain signaling, and compliance incentives. Using the cases of the European Union's policies on organic agriculture and biofuels production, the article shows that public-private governance interaction dynamics vary across these private governance features as well as over time. Furthermore, the analysis highlights the importance of active lobbying by private governance actors in influencing these dynamics and the resulting policy outputs.     

The shadow economy and sustainable development: The role of financial development

This paper provides fresh evidence concerning the threshold relationship between the shadow economy and financial development. Shadow economy is quoted as an obstacle to sustainable development and therefore the role of financial development is examined in this paper to tackle the issue of shadow economy. It is based on panel data of 29 developed and developing countries over the period of 1975–2015 and use of panel threshold model. Three proxies for financial development—liquid liabilities, private credit to deposit money banks, and stock market capitalisation—were utilised to obtain the threshold value of US$33,600 Gross Domestic Product (GDP) per capita. This threshold helps to determine the impact of financial development on the size of the shadow economy. Empirical results suggest that above this threshold, financial development significantly contributes to the reduction in size of the shadow economy while it has no impact for countries that have per capita income below this threshold. This implies that, countries with lower per capita income (below $33,600) should implement policies to improve accessibility to finance and credit market which leads to a sufficiently higher per capita income that in turn allows for a reduction in the size of the shadow economy.     

The role of social science in the legitimation of racial hierarchy

Despite its repudiation of scientific racism, the liberal paradigm on race had two fateful flaws:

• 1.1) it conceptualized racism in terms of attitudes rather than conditions, and
• 2.2) it failed to specify what elements of “environment” accounted for persistent racial inequalities. The result has been another victim-blaming paradigm that merely substituted culture for genes, deflecting attention away from the crucial role that political and economic institutions play in the production and reproduction of racial inequality.

     

The regulatory style of environmental governance in China: the case of EIA regulation in Shanghai*

The body of literature that examines how institutional contexts affect environmental governance in advanced industrial countries finds that style of environmental regulation is country‐specific. In the pluralist form of democracy like the United States, environmental policy formulation involves bargaining and compromises among interest groups and regulation enforcement through relatively formal and legalistic means. In the corporatist form of democracy like Sweden and Great Britain, in contrast, environmental policies are more accommodating to divergent societal interests and tend to be less formal in their enforcement. These variations in regulatory style have been attributed to differences in basic constitutional structures, regime types and cultures. How do institutional contexts affect the style of environmental regulation in China, which is both a non‐democratic and developing country? This article examines China's regulatory style by focusing on environmental impact assessment (EIA) regulation in Shanghai. The Shanghai EIA system is analyzed in terms of policy ideology, policy content, regulatory process, public participation and policy consequences. It is shown that China's being a single‐party regime with a ‘rule of persons’ tradition has heavily shaped its environmental governance. Based on Shanghai experience, China's style can be characterized as formal in requirement, agency‐dominated in the regulatory process, legalistic in enforcement, and informal politics as the substance of regulation. Copyright © 2000 John Wiley & Sons, Ltd.     

Achilles' heels of governance: Critical capacity deficits and their role in governance failures

This article assesses the usefulness of conceptions of policy capacity for understanding policy and governance outcomes. In order to shed light on this issue, it revisits the concept of governance, derives a model of basic governance types and discusses their capacity pre‐requisites. A model of capacity is developed combining competences over three levels of activities with analysis of resource capabilities at each level. This analysis is then applied to the common modes of governance. While each mode requires all types of capacity if it is to match its theoretically optimal potential, most on‐the‐ground modes do not attain their highest potential. Moreover, each mode has a critical type of capacity which serves as its principle vulnerability; its “Achilles' heel.” Without high levels of the requisite capacity, the governance mode is unlikely to perform as expected. While some hybrid modes can serve to supplement or reinforce each other and bridge capacity gaps, other mixed forms may aggravate single mode issues. Switching between modes or adopting hybrid modes is, therefore, a non‐trivial issue in which considerations of capacity issues in general and Achilles' heel capacities in particular should be a central concern.     

Promoting good governance in Africa: The role of the civil society as a watchdog

Corruption, maladministration, nepotism, and poor accountability have reached unprecedented levels within the African continent. Consequently, this has impeded the successful and adequate provision of public services and by extension, hampered socio‐economic development and good governance. Undeniably, the entrenchment of civil society is vital for democratic purposes and the consolidation of good governance. For the purpose of this study, Africa is regarded as a unitary entity composed of synchronized autonomous states and governments. As a result, a strict examination of available and relevant literature on the provision of civil society in Africa was applied (were a systematic review of literature irtes was undertaken). The study was able to comprehensively understand the dynamics, challenges, and benefits related to the increasing rate at which is participating in Africa's governance related issues and their overall impact. The study was also able to understand how civil society in Africa has contributed to promoting good governance. It is, however, apparent that the increasing involvement of civil society in governance issues relates to transparency, upholding the rule of law, human rights, and the fight against corruption inter alia. The study also uncovered that the increase in the participation of civil society organizations will have a positive impact on governance as they will have the capacity to act as watchdogs to ensure that governments are effective and serving the needs of the public. Going forward, it will be imperative for civil society to work hand in hand with democratically elected governments in not only fighting corruption and promoting good governance but to also ensure that there is a socio‐economic and by extension political development within the African continent.     

Agency governance and enforcement: the influence of mission on environmental decisionmaking

Administrative agencies seeking to impose sanctions for regulatory violations can handle matters internally or through civil or criminal courts. Organizational culture, legal constraints, and political and private actors may influence governance and hence choice of enforcement venue. An enforcement behavior model is constructed and tested empirically using a 1990–1997 sample of Environmental Protection Agency (EPA) air, water, and hazardous waste penalty cases involving individuals. While EPA's enforcement arm embraces the mission of its regulatory arm—minimizing environmental harm—in part, it also has attributes of a police and prosecution force—specifically deterring (and maximizing social welfare) or incapacitating individual violators. Nevertheless, EPA may fail to minimize violations of and generally deter non‐culpable individuals who are affiliated with large firms. © 2002 by the Association for Public Policy Analysis and Management.     

Navigating collaborative governance in Florida: An analysis of local governments resilience amidst the COVID-19 pandemic

This study investigates the effectiveness of collaborative governance in the context of state and local government responses to the COVID-19 pandemic in Florida. Our analysis uncovers how local authorities have successfully adapted to implement policies to increase resilience and address the crisis, despite facing challenges, constraints, and limitations. Our findings underscore the significance of considering unique local characteristics when addressing pandemics and shed light on the potential influences of state-level actors on Home Rule. Notably, research examining the interplay between state decisions and Home Rule during a pandemic is scarce. We utilize Florida as a case study to examine local government responses to COVID-19, employing a qualitative analysis of data from webinars hosted by the Florida League of Cities and media reports on local government actions. To substantiate our findings and encourage further research, we apply the collaborative governance framework in the context of local government administrative responsibilities.     

Public participation and the concept of space in environmental governance: An application of PPGIS

Citizen participation ought to be important in environmental governance. However, environmental issues are usually defined as science‐related ones, wherein expert knowledge is more important than the opinions, demands or needs of citizens. On the other hand, environmental issues involve spatial dimensions, the geographic characteristics of which require specific techniques to analyse. PPGIS is applied to study An‐Shun, the site of a well‐known pollution case in Taiwan, to reveal, through a participatory process, the perception of space of citizens of a nearby community. The results of this study suggest that the government needs to ensure more citizen participation in its future plans for the decontamination and renovation of the An‐Shun site. Lay knowledge or citizen perceptions of space should not replace scientific knowledge, but can supplement it. They are additional views that ought to be considered by government agencies in dealing with environmental issues. Copyright © 2009 John Wiley & Sons, Ltd.     

Social process in grizzly bear management: lessons for collaborative governance and natural resource policy

In this study, we analyze a case of governance in natural resource management. Building on the limited body of literature on termination and using methods of problem orientation and social process mapping, we examine a stakeholder engagement process designed to address conflicts in grizzly bear management in Banff National Park, Alberta. Terminated in 2009 after several years of collaboration, this stakeholder engagement process explicitly used the policy sciences framework to cultivate dialogue, improve participants?? decision-making skills, and make consensus-based recommendations for grizzly bear management. Our analysis demonstrates the utility of undertaking social process mapping and problem orientation in order to understand a natural resource policy problem. We include recommendations to foster a social process that allows for clarification and advancement of the common interest in stakeholder groups, insights into how social process can contribute to policy termination, and reflections on the practical, collaborative use of the policy sciences to solve problems of governance. This analysis complements other articles on this case that examine stakeholder perspectives, initial outcomes, and decision process, collectively providing a thorough policy analysis.     

The role of common law in environmental policy

This paper discusses the role of common law in environmental policy. It is shown that common law actually tends towards efficiency only under quite restrictive conditions — conditions that are fulfilled only for very few, less important environmental problems. Moreover, in these cases common law need not even be efficient because an efficient solution can be negotiated once the allocation of rights is undisputed. Furthermore, common law neglects important distributional and political questions and is biased towards the status quo. Therefore, dealing with today's environmental problems cannot be left to the common law process but necessitates legislative action.     

Decentralized governance and environmental change: Local institutional moderation of deforestation in Bolivia

Dozens of countries have decentralized at least part of their natural resource policies over the last two decades. Despite the length of time that these policy experiments have been in force, there is little agreement about their effectiveness. We argue that part of this ambivalence stems from three limitations of extant studies, suggesting that future studies of decentralized natural resource governance should consider a combination of 1) variation in the local institutional context, 2) the fit between the reform and other public policies, and 3) more adequate outcome measures for decentralized resource governance. After developing such an approach, we posit that varying forest conditions depend on the moderating effects that local institutions have on the socioeconomic and biophysical drivers of environmental change. Analyzing data from interviews and remotely sensed images from 30 municipalities in the Bolivian lowlands, we find that the local institutional performance affects unauthorized deforestation directly and indirectly, but detect no effects on either permitted or total deforestation. © 2006 by the Association for Public Policy Analysis and Management.     

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.     

Jurisgenerative role of auditors in transnational labor governance

This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries’ jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.     

The rise of the shadow economy: An Indian perspective

This study was undertaken to understand the importance of the shadow economy, which is often misunderstood and misquoted. We come to an understanding of why this is an uproar regarding black money generation in India. This paper is an attempt to bring forward past evidences and current situation to understand the system through discussing various points of views in the literature. The paper concludes with bringing out the difference in black wealth and black money and the impact of both on the economy and answers the question—Is black money really bad for the economy? It is a hope that these results will be useful to policymakers and stakeholder to make policies that cater to all.     

区域治理:地区主义视角下的治理模式

冷战结束以来国际社会所发生的一系列重大变革似乎预示着一个治理社会的来临 ,治理被成功地运用于国际关系的实际操作领域。区域治理则是治理模式与地区主义进程的巧妙结合 ,而欧洲联盟通常被认为是区域治理的一个成功模式。本文分析了地区主义与区域治理的互动关系 ,介绍了欧盟的治理模式 ,并以此为基础 ,展望了未来区域治理的发展趋势     

A challenge for environmental governance: institutional change in a traditional common-property forest system

This article examines how the Miskito peoples of Río Plátano, Honduras have responded to agricultural expansion by migrant farmers and ranchers onto their ancestral forest lands, and considers the policy options for supporting the common-property system of the Miskito and the forests they have historically conserved. The analysis compares institutional changes in the common-property systems of three Miskito communities, each with a different history of colonization. The findings illustrate that the Miskito response to the colonists has been multifaceted, and that while the Miskito leaders have made institutional changes to strengthen their common-property system, these changes are not necessarily reflected in the daily decisions of the Miskito people. The findings suggest that policies that support indigenous rulemaking abilities, specifically policies that legitimize indigenous rights to their lands and provide the resources to apply those rights, may be vital to maintain robust common-property systems and the frontier forests in the region.     

The role of the state in voluntary environmental reform: A case study of public land

Conventional environmental reform is characterized by the compliance of firms with direct regulatory pressure from the state. Scholars are now turning their attention to alternative modes of reform where firms proactively improve their operations through the implementation of voluntary environmental strategies (VES). While previous research on VES has typically focused on the manufacturing sector, this study explores challenges to corporate greening in the natural resource extractive sector when strategies are undertaken on public land. Findings from two case study regions in the Canadian province of Alberta suggest that VES undertaken on public land are significantly constrained by certain features of the system of environmental governance and the regulatory regime, particularly the reluctance of the state to be involved as a co-regulator of public land. The importance of solid leadership from the state in environmental reform – including cases of voluntary corporate initiatives – is discussed.