Governance by EU emissions trading: resistance or innovation in the oil industry?

Studies of the EU Emissions Trading System (ETS) abound. Much is known about the economic incentives they contain to promote abatement and innovation, and studies are focusing on the short-term aggregate effects at sector and system levels. Less, however, is known about how the EU ETS affects companies, including their strategies, long-term innovation plans, and deployment of low-carbon solutions. This article presents an analytical framework of how companies are likely respond to regulation like the EU ETS, subsequently applied to companies in the oil industry, represented by the major multinationals ExxonMobil and Shell. The analysis finds that these companies had quite different initial responses to the ETS, whereas their long-term strategic responses to carbon pricing show signs of convergence.     

Conceptualising Multilevel Regulation in the EU: A Legal Translation of Multilevel Governance?

How should we conceive of regulation in the European context? This paper attempts to answer this by developing multilevel regulation as a theoretical concept. The basic aim of the paper is to explore the difference and convergence between regulation and governance and develop multilevel governance and multilevel regulation as two individual heuristic concepts. We suggest that it is useful to frame multilevel governance in the context of regulatory spaces. As an example, we undertake an exploratory investigation of multilevelness of the regulatory space of marketing authorisation of medical devices. This allows us to help focus on certain aspects of the regulatory process by acknowledging that it is no longer located in the hand of a single (governmental) actor and highlighting the necessity of considering interventions beyond the state in addressing regulatory effectiveness problems that may crop up in this context. Ultimately, we assess whether multilevel regulation is a legal translation of the concept of multilevel governance.     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

European Economic Governance and Parliamentary Representation. What Place for the European Parliament?

This article aims to analyse the European Parliament's (EP) position in the reform of the European economic governance, in particular after the adoption of the ‘six‐pack,’ the ‘two‐pack’ and the ‘fiscal compact.’ References are made to the involvement of the EP in the decision‐making process that led to the adoption of the new measures as well as to the substantive role assigned to this institution in the new regulatory framework. The article argues that the new provisions, which undermine the budgetary authority of national parliaments while, at the same time, designing a limited role for the EP—though strengthened compared to the previous version of the Stability and Growth Pact—can jeopardise the effectiveness of the landmark principle of ‘no taxation without parliamentary representation’ in the EU.     

Territory,Jurisdiction, and Colonial Governance: ‘A Bill to Repeal the British Constitution’, 1856–60

Britain claimed full territorial sovereignty over New Zealand, even though substantive enforcement of its authority against Maori often faced significant challenges. Alarmed at the weakness of British governance in relation to Maori, Governor Thomas Gore Browne proposed a Native Offenders Bill. The Bill proposed giving the New Zealand Governor sweeping powers to ban ‘any communication’ or trade with any Maori within a specified district, or with a particular tribe. Such a ban would, it was claimed, ensure compliance with colonial law. However, the bill was twice rejected by the settler legislature (1856 and 1860), on both constitutional and practical grounds. The paper places the bill in its political and legal contexts, and examines some of the ways colonial administrators and politicians responded to the difference between the government's claim to extensive legal authority and its more limited substantive power.     

Governing Without Law or Governing Without Government? New‐ish Governance and the Legitimacy of the EU

The way the EU is governed and the way such governance is perceived contributes centrally to the legitimacy of the European enterprise. This legitimacy underpins both the acceptance and the effects of EU activity. Legitimacy is a product of the way in which decisions are taken, and the nature and quality of such decisions. Pressures created by concerns about both forms of legitimacy affecting EU decision making partially explain the turn in legal scholarship away from the more traditional preoccupation with the analysis of legislative instruments and case-law, towards a more broadly based conception of governance which involves the examination of a more diverse range of processes and instruments. This article offers an analysis of the parameters of newness in governance. The overall argument is that some of the more innovative governance modes are not so new, whilst more recent and celebrated modes, although displaying elements of newness, are, perhaps, not that innovative. The focus of the new governance in the EU is largely on governing without law, rather than the more radical governing without government; hence the suggestion that we are experiencing only 'new-ish governance'. The article asks whether a limited conception of new governance is inevitable given the legitimacy constraints within which the EU operates, or whether the potential for developing a broader conception of governance, through wider participation and involvement of non-governmental governing capacities, might bolster legitimacy through both better processes and better outcomes.     

New Labour's PPI Reforms: Patient and Public Involvement in Healthcare Governance?

Following a first wave of reform at the beginning of the decade, the system of patient and public involvement in healthcare governance is being further overhauled under the Local Government and Public Involvement in Health Act 2007 and the Health and Social Care Act 2008. The current reforms reflect a significant shift in dominant political discourse from an earlier concern with patient and public involvement towards a more exclusive focus on consumer choice and economic regulation, with collective voice and citizen participation at best playing a subordinate part in the government's NHS modernisation agenda. While there is some potential for increased responsiveness in the new arrangements, the overall effect is likely to be a weakening of the foundations of democratic decision making in the governance of healthcare in England.     

Does Authoritarianism Breed Corruption? Reconsidering the Relationship Between Authoritarian Governance and Corrupt Exchanges in Bureaucracies

This article advocates for ethnographic and historical study of the political roots of corruption. Focusing on informal economies of Belarusian universities, it reexamines two theoretical propositions about corruption in autocracies. The first proposition is that authoritarianism breeds bureaucratic corruption; the second is that autocrats grant disloyal subjects corruption opportunities in exchange for political compliance. Using qualitative data, the author finds that autocracies can generate favorable as well as unfavorable preconditions for bureaucratic corruption. The author argues that lenient autocratic governance, characterized by organizational decoupling, creates favorable conditions for bureaucratic corruption. In contrast, consolidated autocracy, defined by rigid organizational controls, is unfavorable to such corruption. The author also concludes that in autocracies, disloyal populations may be cut off from rather than granted opportunities for bureaucratic corruption. These findings suggest that the relationship between autocratic governance and corruption is more complex than current studies are able to reveal due to their methodological limitations.     

Governance typology of universities’ technology transfer processes

Despite the growing interest in university-to-industry technology transfer, there are very few studies on the governance of universities’ technology transfer offices (TTOs). The few existing ones tend to focus on US universities and generally tackle one dimension of the governance. The present paper aims at contributing to this literature in two ways. First, it takes into account the diversity of organizational models with a theoretical perspective: the paper presents a discussion on which combinations of four structural dimensions should yield viable configurations. Four main types of TTOs are identified: (1) classical TTO; (2) autonomous TTO; (3) discipline-integrated Technology Transfer Alliance; and (4) discipline-specialized Technology Transfer Alliance. Second, the paper relies on 16 case studies of universities located in six European countries in order to address the pros and cons of the four types of TTOs. The results provide both a conceptual understanding and an empirical overview of how universities organize their technology transfer and intellectual property management.     

Internet of things – Governance quo vadis?

The Internet of Things (IoT) as an emerging global Internet-based information architecture facilitating the exchange of goods and services is gradually developing. While the technical aspects are being discussed in detail a legal framework does not exist so far. The first supranational organization trying to work out an IoT governance framework has been the European Commission by appointing a large group of experts to examine the relevant aspects of a possible IoT governance regime. In the meantime, however, the activities have been degraded. Nevertheless, even if the differences between the IoT and the Internet have been overestimated at the beginning, many elements of the IoT differ in part from the corresponding problems in the Internet. Therefore, an analysis of the major IoT governance issues (legitimacy, transparency, accountability, anticompetitive behavior) seems to be worthwhile to conduct.     

Governance and community benefit: are nonprofit hospitals good candidates for Sarbanes-Oxley type reforms?

Recent investigations into the activities of nonprofit hospitals have pointed to weak or lax governance on the part of some of these organizations. As a result of these events, various federal and state initiatives are now either under way or under discussion to strengthen the governance of hospitals and other nonprofit corporations through mandatory board structures and practices. However, despite policy makers' growing interest in these types of governance reforms, there is in fact little empirical evidence to support their contribution to the effectiveness of hospital boards. The purpose of this article is to report the results of a study examining the relationship between the structure and practices of nonprofit hospital boards relative to the hospital's provision of community benefits. Our results point to modest relationships between these sets of variables, suggesting considerable limitations to what federal and state policy makers can accomplish through legislative initiatives to improve the governance of nonprofit hospitals.     

What Role for Private Rule-Making in Global Environmental Governance? Analysing the Forest Stewardship Council (FSC)

This article assesses the recent trend of rule-making by private multi-stakeholder initiatives – a hitherto largely unnoticed phenomenon in global environmental governance – by analysing the multiple functions and impacts of the Forest Stewardship Council (FSC), one of the best-known private institutions in global environmental politics. After clarifying the general context of private governance, I turn to the specific function of private rule-making institutions. I argue that rule-making can be understood as the act of agreeing on both constitutive and regulative rules that prescribe the behaviour of a specific group of actors, whether individuals or organisations. Further, I argue that the FSC, as one example of private rule-making in world politics, performs three additional functions that shape the contours of global governance: (1) facilitating a solution to complex multi-interest problems, (2) brokering knowledge and norms among a wide range of stakeholders, and (3) constituting a learning network in environmental governance.     

Special Market Economy: Undermining the Principles of the WTO?

Despite World Trade Organization (WTO) principles of non-discrimination,the European Community (EC) operates special anti-dumping proceduresagainst certain former State-trading nations, arguing that intransition economies, prices do not fulfil the same functionas in market economies, thus being an unreliable indicator forthe purpose of anti-dumping calculations. This paper discussesthe question of whether these procedures nullify the benefitsor impede the attainment of any objective of the WTO. Whilethis approach is based on out-dated legal concepts mirroringpolitical and economic conditions of the twentieth century,it remains questionable how effective and necessary it is tooffset unfair trading practices in a globalized economy. Ultimately,WTO rules are sufficiently flexible to deal with price discriminationsfrom transition economies without resorting to principles thatare frustrating in their application and produce questionableadministrative results.     

电子政务到数字治理的转型:政治、行政与全球化——评Digital Governance:New Technologies for Improving Public Service and Participation

正过去十年间,电子政务取得了长足发展,也发生了巨大的变化。网络用户的骤增,促使电子政务信息和服务的提供从"单一无序"向"全面系统"转变;公民意识的提高促使电子政务从"提供信息和服务"向"增强公民监督和参与"转变;新公共管理和公共服务思想的崛起,促使电子政务从"以政府为中心"向"以公民为中心"转变。这些变化使得电子政务向数字治理转型,并对政府提出了更高的要求。此外,信息鸿沟及网络安全等问题不断出现,也需要政府制定相关政策来应对。     

Commentary: In Response to the Paper by Peter. H. Sand,A Century of Green Lessons: The Contribution of Nature Conservation Regimes to Global Governance (see pp. 33–72)

International Environmental Agreements: Politics, Law and Economics -