The Role of Policy Brokers: The Case of Biotechnology in Kenya

Debates about biotechnology continue to be polarized despite its potential to improve the living standards of the poor in Sub‐Saharan Africa. In the backdrop of this polarized scenario, this paper asked, is there a place for brokers in bringing about a productive debate that is pro‐development? The paper argued that if potential intermediaries are analyzed from the perspective of understanding their role and stakeholding in the regulatory change process, this may help breakout the current polarized anti‐ and pro‐biotechnology debates and thereby focus on how to enable productive biotechnology development. Informed by insights from innovation brokering, the functions of brokers in biotechnology regulation are analyzed through the lens of organizations involved in agricultural biotechnology debates in Kenya. The analysis found that policy brokering function attracts varying opportunities and challenges appropriate for informing relevant policy. The paper drew lessons from Kenya's experience to inform a productive policy brokering model for biotechnology regulation.     

Public Perceptions of Benefits from and Worries over Plant‐Made Industrial Products and Plant‐Made Pharmaceuticals: The Influence of Institutional Trust

Although agricultural biotechnology has been a seminal reference point in risk perception studies, public awareness of their exposure to risk deriving from this new technology has been minimal at best. However, recent events indicate there may be growing public concern as new variations of this technology appear. Understanding what drives perceptions of benefits from the third generation of the agricultural biotechnology and what determines public worries are keys for the future of this technology. To this end, this study analyzes survey data from the midsouth region of the United States to construct four separate regression models of perceived benefits from and worries over plant‐made industrial products and plant‐made pharmaceuticals. Findings suggest that while prior experience with and knowledge about agricultural biotechnology has an impact on perceptions of benefits and worries, trust in farmers plays a highly important role in determining perceptions.     

Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation

The European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state-based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy-oriented learning from perceived accountability failures of existing soft market-based instruments, voluntary trade agreements, and experience with market-correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest-risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio-environmental externalities. However, the de-facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.     

International sources of environmental policy change in China: the case of genetically modified food

Abstract

China's agricultural biotechnology policy has undergone a profound transformation over the last decade, from a strongly promotional to a more precautionary approach. From the 1980s onwards, China invested heavily in biotechnology development and in the early 1990s emerged as the leading biotech country in the developing world. In the late 1990s, however, it halted the authorization of new genetically modified crops and introduced stringent safety regulations. This paper investigates this policy shift and argues that international factors have played a central role. Two trends, in particular, are identified as key sources of the move towards greater precaution: China's ongoing international socialization, particularly in the context of the international scientific debate on biosafety and the negotiations on a biosafety treaty; and the growing globalization of agriculture and trade, which has exposed China to international competitive forces and trade restrictions in food trade. As the case of genetically modified food in China shows, political integration and economic globalization can work together to promote a strengthening of the domestic environmental policy agenda.     

Missing links between regulatory resources and risk concerns: Evidence from the case of food safety in China

Do resources available to regulatory agencies matter for public perceptions of social risks? In this paper we use the case of food safety in China to empirically examine the relationship between regulatory resources and risk concerns. The multilevel model estimates suggest that neither regulatory revenue nor personnel is significantly related to public concerns over food safety. There is also no significant interaction effect between regulatory resources and food scandals. Despite the fact that sufficient fiscal revenue and manpower are the prerequisites of effective food safety regulation, they do not elicit more favorable public perceptions. These are the two missing links leading to the insignificant effect of regulatory resource inputs. First, ineffective distribution and deployment of resources and the lack of external participation retard the growth of regulatory capacity. Second, underinvestment in risk communication and the amplification effect of risks undermine regulatory legitimacy. We discuss the theoretical and policy implications of the results, and conclude with research limitations and suggestions for future research.     

Environmental Protection Versus Economic Development: A False Trade‐Off?

Is a trade‐off between the social benefits of regulation and the economic benefits of development inevitable? We argue that environmental regulation may deter economic growth in some contexts, however, in other contexts the benefits of regulation may be obtained with little or no economic loss. We develop an explanation of the economic impacts of state environmental policy based on a model of public influence on private resource allocation decisions. In this model, we assume utility‐maximizing firms will make investment choices based upon the projected profits on their investments and their willingness to accept the risk associated with the investments. We assert that state policies and administrative institutions influence perceptions of risk by increasing or decreasing uncertainty over future environmental policy and influence return on investments at particular locations by affecting firm‐level production costs. Our results confirm that certain administrative arrangements for environmental regulation may enhance, rather than impede, economic development.     

Framing Trade‐offs: The Politics of Nuclear Power and Wind Energy in the Age of Global Climate Change

This article outlines recent debates over nuclear energy and wind farms in an age of growing concern about climate change. Proponents of these technologies have used “trade‐off” frames to promote these technologies in the face of current and potential opposition to them. This article examines the nature and limits of the trade‐off frames being used and their probability of success. We argue that using the language of trade‐offs is generally a suboptimal framing strategy: trade‐off frames remind the public of the costs associated with particular policies, and therefore play into the hands of policy opponents. However, policy advocates may turn to them when the costs of a technology are well known and are perceived as high. In such cases, trade‐off frames may help to justify controversial policy solutions. Like any frames, the trade‐off frames used in the debate over climate change solutions both illuminate and obscure the deeper issues involved in energy policy reform.     

How the World Trade Organization shapes regulatory governance

The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The article presents what we know to date and a framework for conducting further study of such transnational legal ordering.     

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.     

Making a Place for Alternative Technologies: The Case of Agricultural Bio‐Inputs in Argentina

This article characterizes the ways in which the actors in charge of designing and implementing public policies intervene to promote the emergence of alternatives to problematic technologies. It is based on a case study conducted in Argentina that focuses on initiatives to promote the development of biological agricultural inputs in the context of increasingly controversial chemical inputs. The study spotlights the political, institutional, and semantic efforts made by policy makers and public administrations to ensure these new inputs find their way into organizations and onto their agendas. Their work consists in attenuating the boundaries between chemical and biological inputs, and reducing opposition by creating categories and organizations that downplay potential dissension and highlight the possible coexistence of technological paradigms. Contrary to what the injunctions of technological substitution suggest, we show that putting alternative technologies on the public agenda depends largely on their inclusion in institutional and regulatory infrastructures originally designed for technologies that are likely to decline. More broadly, it relies on the construction of continuity between the two types of technologies.     

The ratio of vision to data: Promoting emergent science and technologies through promissory regulation,the case of the FDA and personalised medicine

Pharmacogenetic tests provide genetic data to tailor drug treatment and were widely predicted to be one of the first fruits of the Human Genome Project. In the mid-2000s, the US Food and Drugs Administration (FDA) became an advocate for pharmacogenetic testing, but its efforts to build a market for this new technology brought the agency into dispute with other regulatory actors over the type of evidence needed for the adoption of pharmacogenetic testing, in particular the importance of randomized control trials. The warfarin case highlights the tension between a new form of promissory regulation driven by future expectations and FDA's established role as protector of public health; and the controversy can be conceptualized as a struggle over regulatory epistemologies within a complex polycentric regulatory space. Our case study addresses two themes central to the burgeoning scholarship on the governance of emergent science and technologies (EST): the political economy of regulation, in particular the role that regulators play in creating markets for EST; and the epistemological politics of regulatory science, in particular the controversy that arises when regulators modify scientific standards to accommodate EST. Linking these two themes is the concept of promissory regulation: the idea that regulatory policy may be shaped by an institutional commitment to the transformational potential of EST. This concept sheds new light on the neo-mercantilist nature of contemporary regulatory capitalism.     

Socio‐economic Considerations in Biosafety and Biotechnology Decision Making: The Cartagena Protocol and National Biosafety Frameworks

Article 26.1 of the Cartagena Protocol on Biosafety left open the possibility for member countries to include in their biosafety regulatory processes the assessment of socio‐economic considerations. Countries may also decide to include such assessments as part of their national legislation or regulations for the approval and deliberate release into the environment of genetically engineered technologies. Countries are debating if and how to implement assessment of socio‐economic considerations. This paper contributes to the ongoing policy dialogue by discussing issues related to socio‐economic assessment including scope, timing, inclusion modalities, methods, decision‐making rules and standards, and the integration of socio‐economic assessments in biosafety and/or biotechnology approval processes. This paper also discusses the implications of such inclusion for technology flows and public and private sector R&D. If inclusion is not done properly, it may negatively impact technology flows especially from the public sector and render an unworkable biosafety system.     

Sudpolitik: the political economy of Taiwan's trade with Southeast Asia

Abstract

In December 1993 the Taiwan government adopted a policy called nanjin zhengce or sudpolitik, a policy aimed at diverting part of Taiwan's trade and investment flows from China to Southeast Asia. This paper addresses the following questions: what is sudpolitik? why adopt such a policy? what are the economic, political, and strategic considerations in the pursuit of this policy? which countries are its specific targets? how do the countries directly affected by this policy respond to it? The paper also discusses the issue of Taiwan's aid in connection with sudpolitik. While the effectiveness of the policy is far from clear at present, the paper concludes with four observations: Taiwan's trade and aid are beginning to intertwine; Taiwan's diplomacy is largely economically or commercially led; Taiwan has achieved some positive results in improving its relations with Southeast Asian countries; and, Taiwan has reached a new stage in its economic development whereby it needs to invest overseas in order to sustain its economic growth. Overall, sudpolitik represents a novel step in Taiwan's diplomatic practice.     

Identities, Interests, and Imports

There is increasing attention to the mass public in the politics of trade debate, yet we still know little about how Americans formulate opinion on trade. Scholars are puzzled by the ineffectiveness of traditional dispositional beliefs to account for trade policy judgment, while an emerging economic self-interest perspective contends that opinion on trade is based on material concerns. This article demonstrates how symbolic predispositions provide critical information shortcuts for Americans on trade in which the relationship between trade policy and economic self-interest may be unclear. Symbolic politics theory explains how citizens can rely on accessible symbolic predispositions, including conceptions of national identity, in an unfamiliar and evolving trade policy environment often subject to multiple and conflicting cues, limited political information, and changing economic circumstances.     

Process choice

Regulation scholars have long searched for the best tools to use to achieve public policy goals, generating an extensive body of research on what has become known as instrument choice. By contrast, analysis of options for structuring how officials make regulatory decisions – process choice – remains in relative infancy. Notwithstanding the emphasis legal scholars and political economists have placed on administrative procedures, surprisingly little research has investigated why regulators choose among different process options or what value they and the public receive from different choices. In their book, Regulation by Litigation, Andrew Morriss, Bruce Yandle, and Andrew Dorchak make a significant contribution by empirically and normatively examining regulators' choices between notice‐and‐comment rulemaking, negotiated rulemaking, and what they call “regulation by litigation.” This review article considers three central questions about regulation by litigation. First, how if at all does regulation by litigation differ from other uses of litigation to achieve policy goals? Second, why do regulators choose litigation over other process options? Third, is regulation by litigation as bad as Morriss, Yandle, and Dorchak say it is? By addressing these conceptual, empirical, and normative questions, this review article not only reveals the specific strengths and limitations of the book, Regulation by Litigation, but also highlights more general opportunities and challenges for future research on process choice.     

Policy Narratives across Two Languages: A Comparative Study using the Narrative Policy Framework

The Narrative Policy Framework (NPF) focuses on the role of narratives, drawing from a rich scholarship in narrative, language, and culture. Despite the understanding that narratives are constructions of language and that narrative construction differs across languages, NPF studies have not focused on policy narratives in languages other than English. Language characteristics of narratives are important to assess the stability of policy narratives when there are multiple dominant languages in a political system. This study investigates the use of narrative elements in policy narratives in agricultural biotechnology policy in India across Hindi and English media coverage to examine the NPF assumption that narratives have generalizable narrative elements irrespective of variation in linguistic context and, specifically, tests the transportability of narrative elements. Findings validate the transportability of narrative elements in Hindi narratives, indicate variation in the use of narrative elements over time, and have implications for applying NPF across languages.     

Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance

Public agencies outsource a wide variety of tasks to nonstate actors, or what can be referred to as regulatory intermediaries. In certain circumstances, these agencies may seek to disempower those regulatory intermediaries by reclaiming, duplicating, or transferring the outsourced task. When will these disempowerment attempts be successful? This article presents the Market Structure Hypothesis, which contends that the level of competition between regulatory intermediaries will, all things equal, determine whether disempowerment attempts succeed. To test this hypothesis, this article examines the U.S. Securities and Exchange Commission's attempts to acquire the independent capacity to conduct nationwide trade surveillance in the 1980s (Market Oversight Surveillance System) and 2010s (Consolidated Audit Trail). Evidence derives from archival materials, a Freedom of Information Act Request, and 60 interviews in Oxford, London, Toronto, New York City, and Washington, DC. The empirical results corroborate the hypothesis' expectations, contributing to our understanding of public-private partnerships and shedding new empirical light on an understudied topic of securities regulation.     

GRESHAM'S LAW: THE REGULATORY ANALOGY

The authors argue that delegation of discretion over environmental regulation to the states may trigger a process analogous to Gresham's Law in which lax regulation in one state drives out stringent regulation in neighboring states. This devolution to regulatory laxity is illustrated by the lax pesticide regulations in five Midwestern "agricultural" states. Questions are raised about the effects of the Reagan Administration's commitment to reduce the stringency of federal environmental regulations and delegate more regulatory discretion to the states.     

Debating Food Security Policy in Two Different Ideational Settings: A Comparison of Australia and Norway

Food security has emerged as a relatively new policy issue in agricultural policy making in developed countries. This policy problem is addressed within an institutional landscape in which agricultural ideas and institutions are well‐established. In this article, food security policy making in Australia and Norway is compared. In Australia, agricultural normalism (agricultural markets and production are considered to be similar to those of other economic sectors) has been dominant since the mid‐1980s, while Norwegian agricultural policy making has been dominated by agricultural exceptionalism (agriculture is considered a unique economic sector with special market and production conditions). It is demonstrated in the article how these two opposing institutionalised ideational foundations have influenced the nature of the food security debate in the two countries. In Australia, the debate emphasises the positive role of the market and trade in providing global food security. In Norway, the debate highlights the need to regulate market forces and restrict trade in order to allow countries to develop their own agricultural sectors.