Comparing the legitimacy and effectiveness of global hard and soft law: An analytical framework

The international norms that are developed as tools of global governance can be placed on a continuum from traditional “hard law” treaties to the vaguest and voluntary “soft law.” In this article we develop an analytical framework for comparing norms on different positions along the continuum, thus for comparing international hard and soft law. We root the framework in both the rationalist and the constructivist paradigms of international relations by focusing on two overarching evaluative criteria: effectiveness and legitimacy. These broad concepts are divided into smaller building blocks encompassing mechanisms through which norms can exert influence; for example, by changing material incentives, identities, and building capacity, and by contributing to building source‐based, procedural, and substantive legitimacy. We illustrate the applicability of the framework with three norm processes of varying degrees of “softness” in global climate governance.     

Bureaucratic discretion,social equity,and the administrative legitimacy dilemma: Complications of New Public Service

Bureaucratic discretion continues to be one of a public administrator's primary powers while at the same time being one of their most controversial. Used in a positive way, bureaucratic discretion can enhance social equity; however, this practice can create administrative legitimacy dilemmas. As such, this paper conceptually discusses the theoretical position of public administrators that contributes to their engagement in legitimacy dilemmas, which is further complicated by the tenets of New Public Service. We argue that if public administrators are engaged in authentic interactions with the public and use their discretion to reflect the interests of the public, then they are engaged in truly democratic governance. We place this argument in the context of achieving social equity and highlight an avoided question in public administration. Finally, recommendations for future research are offered as a means progressing the social equity agenda in public administration.     

Regulatory inspection and the changing legitimacy of health and safety

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.     

Participatory innovations and maxi-publics: The influence of participation possibilities on perceived legitimacy at the local level in Finland

Participatory innovations (PIs) have been introduced as one possible cure to democratic malaises. Empirical research on these mechanisms for citizen participation has, however, focused on their effects on individuals and policy outcomes, leaving aside their consequences for the wider public. This article fills part of the gap by examining the effect of PIs on perceived legitimacy. The article acknowledges that citizens value not only outcomes but also the inclusiveness of decision-making processes, and defines procedural fairness and outcome satisfaction as the key evaluative criteria behind perceived legitimacy. Both total number and type of PIs are considered as possible factors shaping legitimacy evaluations. By analysing data from 9,022 citizens in 30 Finnish municipalities, the article reveals that introducing PIs is not a simple fix for legitimacy of local governments. The type of participation matters, with discursive participation generating the strongest effects on procedural fairness. However, attention should also be paid to citizens’ awareness of participation possibilities.     

Civil Society and the Legitimation of Global Governance

Abstract

This article assesses in what ways and to what degrees civil society activities have advanced the legitimacy of global governance institutions. It is argued that these citizen initiatives have often enhanced the democratic, legal, moral and technical standing of regulatory agencies with planetary constituencies and jurisdictions. However, these benefits do not flow automatically from civil society mobilizations and on the whole are much less extensive than they could be. With a view to greater realization of the potential contributions to legitimacy, the article elaborates recommendations for more, more inclusive, more competent, more coordinated, and more accountable engagement of global governance by civil society organizations.     

Minustah’s Legitimacy and the ‘Security-first’ Approach: Reassessing Statebuilding and its Violent Features in the Case of Haiti

ABSTRACT

The article aims to reassess the statebuilding endeavour of international interveners in the case of Haiti, from an interpretative and socio-historical perspective. First, the article analyses the existing critical literature on statebuilding and the growing literature on peacebuilding and legitimacy. Second, it introduces the case of Haiti, analysing the process of state formation and the production of the present conditions in the country. It then presents an assessment of Minustah, arguing that the lack of a local source of legitimacy, connected to a ‘security-first’ statebuilding approach, led the intervention to reinforce the predatory and undemocratic logics of Haitian politics.     

The importance of input and output legitimacy in democratic governance: Evidence from a population-based survey experiment in four West European countries

The study of subjective democratic legitimacy from a citizens’ perspective has become an important strand of research in political science. Echoing the well-known distinction between ‘input-oriented’ and ‘output-oriented’ legitimacy, the scientific debate on this topic has coined two opposed views. Some scholars find that citizens have a strong and intrinsic preference for meaningful participation in collective decision making. But others argue, to the contrary, that citizens prefer ‘stealth democracy’ because they care mainly about the substance of decisions, but much less about the procedures leading to them. In this article, citizens’ preferences regarding democratic governance are explored, focusing on their evaluations of a public policy according to criteria related to various legitimacy dimensions, as well as on the (tense) relationship among them. Data from a population-based conjoint experiment conducted in eight metropolitan areas in France, Germany, Switzerland and the United Kingdom is used. By analysing 5,000 respondents’ preferences for different governance arrangements, which were randomly varied with respect to their input, throughput and output quality as well as their scope of authority, light is shed on the relative importance of different aspects of democratic governance. It is found, first, that output evaluations are the most important driver for citizens’ choice of a governance arrangement; second, consistent positive effects of criteria of input and throughput legitimacy that operate largely independent of output evaluations can be discerned; and third, democratic input, but not democratic throughput, is considered somewhat more important when a governance body holds a high level of formal authority. These findings run counter to a central tenet of the ‘stealth democracy’ argument. While they indeed suggest that political actors and institutions can gain legitimacy primarily through the provision of ‘good output’, citizens’ demand for input and throughput do not seem to be conditioned by the quality of output as advocates of stealth democratic theory suggest. Democratic input and throughput remain important secondary features of democratic governance.     

Limits to non‐state market regulation: A qualitative comparative analysis of the international sport footwear industry and the Fair Labor Association

Non‐state market regulation has become a central focus and continues to receive scholarly attention. The present paper provides an assessment of the conditions under which multinational firms join a multi‐stakeholder certification initiative. The cases of the Fair labor Association and 17 international sport footwear companies have been selected for this purpose. A Qualitative Comparative Analysis of the 17 cases is performed. The paper argues that the combination of sustained NGO pressure and public ownership of a firm is a necessary precondition for firms joining a multi‐stakeholder certification initiative. The theoretical and policy implications of this result are discussed.     

Citizenship in the age of the Internet: a comparative analysis of Britain and Turkey

The article links the literatures on citizenship studies and electronic democracy by analyzing the extent to which theories and practices of citizenship are being transformed in the age of the Internet. Distinguishing between the different citizenship traditions of liberal-individualism and civic-republicanism, we analyze the interplay between generic technological tools and the divergent historical legacies of citizenship in Turkey and Britain. Based on our analysis of governmental portals, main e-government applications, and censorship and surveillance practices, we argue that new information and communication technologies (ICTs) serve the states' interests by enabling increased surveillance capabilities, more efficient bureaucracy, better border controls and criminal investigations. In both countries, citizens benefit from electronic service-delivery applications primarily as consumers of public services, while their role as citizens are not particularly enhanced. Parallel to these convergence tendencies, we observe striking differences in the way electronic citizenship is practiced in these two countries, stemming from different traditions of citizenship as well as different levels of democracy consolidation. Despite some of the transformative power of the ICTs, their use is largely shaped by the existing understandings of citizenship in both countries.     

The Nordic governments' responses to the Covid-19 pandemic: A comparative study of variation in governance arrangements and regulatory instruments

Government responses to the Covid-19 pandemic in the Nordic states—Denmark, Finland, Iceland, Norway, and Sweden—exhibit similarities and differences. This article investigates the extent to which crisis policymaking diverges from normal policymaking within the Nordic countries and whether variations between the countries are associated with the role of expertise and the level of politicization. Government responses are analyzed in terms of governance arrangements and regulatory instruments. Findings demonstrate some deviation from normal policymaking within and considerable variation between the Nordic countries, as Denmark, Finland, and to some extent Norway exhibit similar patterns with hierarchical command and control governance arrangements, while Iceland, in some instances, resembles the case of Sweden, which has made use of network-based governance. The article shows that the higher the influence of experts, the more likely it is that the governance arrangement will be network-based.     

Numbers in regulatory intermediation: Exploring the role of performance measurement between legitimacy and compliance

Much regulatory intermediation has come to entail forms of calculation and performance measurement. In this paper we analyze the role of performance measurement in regulatory intermediation in a transnational multistakeholder setting where intermediation lacks an official mandate. We do this through a study of the Access to Medicine Index, which ranks pharmaceutical companies in terms of their access to medicine policies and practices in developing countries. We conceptualize multistakeholder intermediaries as “second order rulemakers” reconciling diverse and often competing implicit and explicit rules across the governance field. We then detail various intermediation roles of performance measurement between attaining input and output legitimacy and enticing compliance among targets. Our case demonstrates how the selective formalization of measurement processes and the related ability to move back and forth from the role of intermediary to that of “ad hoc rulemaker” are important conditions for achieving and maintaining legitimacy. Furthermore, it shows that for multistakeholder intermediaries that rely on performance measurement, compliance by targets depends on the uptake of performance information by powerful constituencies. This illustrates how addressing legitimacy concerns and enticing compliance through performance measurement should be examined as co‐emerging processes.     

Regulating Lobbyists: A Comparative Analysis of the United States, Canada, Germany and the European Union

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation.     

Establishing Legitimacy in Emerging Markets: An Empirical Comparison of the Warsaw, Budapest, and Prague Stock Exchanges

The purpose of this analysis is to investigate the influence of economic and sociological institutional constraints in determining the legitimacy of firms. This study specifically looks at the importance of regulatory and transnational institutional constraints for firms traded on the Warsaw, Budapest, and Prague stock exchanges. The results indicate that a well-regulated securities environment has a direct impact on the ability of firms to establish organizational legitimacy. We also find that, lacking local regulation, firms can increase their legitimacy by adopting international accounting standards. Thus, we find support for the assertion that both economic and sociological solutions to the problem of legitimacy are appropriate for firms operating in an emerging market.     

An exploratory comparative analysis of the use of metaphors in writing on the Internet and mobile phones

Scant attention has been paid to the use of figures of speech in describing mobile telephony and how it is used. While there are isolated cases, as yet there is no study of metaphor use across a larger corpus of mobile phone research. This article addresses this gap by developing a preliminary survey, or mapping, of the use of metaphors and other discursive figures and tropes in the available literature on mobile phones. It does this by using metaphors in Internet literature as a springboard for comparative analysis, as a comparable communications medium. Both for their general role as communications technologies and their specific historicized position as “new media”, and with their capacities increasingly overlapping, mobile phones and the Internet form a useful counterpoint. The article summarizes the key findings from earlier work mapping and critiquing the use of metaphor in the critical and popular writing on the Internet. It then compares and contrasts these Internet-based metaphors against those in the mobile literature. The paper concludes with a discussion of the perils and the promise of metaphor use in writing on communications technologies.     

Power transitions and the rise of the regulatory state: Global market governance in flux

This special issue examines the consequences of the ongoing power transition in the world economy for global regulatory regimes, especially the variation in rising powers' transition from rule-takers to rule-makers in global markets. This introductory article presents the analytical framework for better understanding those consequences, the Power Transition Theory of Global Economic Governance (PTT-GEG), which extends the scope of traditional power transition theory to conflict and cooperation in the international political economy and global regulatory governance. PTT-GEG emphasizes variation in the institutional strength of the regulatory state as the key conduit through which the growing market size of the emergent economies gives their governments leverage in global regulatory regimes. Whether or not a particular rising power, for a particular regulatory issue, invests its resources in building a strong regulatory state, however, is a political choice, requiring an analysis of the interplay of domestic and international politics that fuels or inhibits the creation of regulatory capacity and capability. PTT-GEG further emphasizes variation in the extent to which rising powers' substantive, policy-specific preferences diverge from the established powers' preferences as enshrined in the regulatory status quo. Divergence should not be assumed as given. Distinct combinations of these two variables yield, for each regulatory regime, distinct theoretical expectations about how the power transition in the world economy will affect global economic governance, helping us identify the conditions under which rule-takers will become regime-transforming rule-makers, regime-undermining rule-breakers, resentful rule-fakers, or regime-strengthening rule-promoters, as well as the conditions under which they remain weakly regime-supporting rule-takers.     

Adaptive governance for the Internet of Things: Coping with emerging security risks

The Internet of Things (IoT) is a disruptive innovation known for its socio-economic potential, but also for generating unprecedented vulnerabilities and threats. As a dynamic sociotechnical system, the IoT comprises well-known cybersecurity risks and endemic uncertainties that arise as IoT adoption increases and the system evolves. We highlight the impact of these challenges by analyzing how insecure IoT devices pose threats to both consumer protection and the Internet's infrastructure. While recent regulatory responses are starting to target IoT security risks, crucial deficiencies – especially related to the feedback necessary to keep pace with emerging risks and uncertainties – must be addressed. We propose a model of adaptive regulatory governance that integrates the benefits of centralized risk regulatory frameworks with the operational knowledge and mitigation mechanisms developed by epistemic communities that manage day-to-day Internet security. Rather than focusing on the choice of regulatory instruments, this model builds on the “planned adaptive regulation” literature to highlight the need to systematically plan for a knowledge-sharing interface in regulatory governance design for disruptive technologies, facilitating the feedback necessary to address evolving IoT security risks.     

选举民主、政治合法性与地方治理——乡镇基层民主发展的若干命题初论

本文从中国农村基层民主发展的内在逻辑出发对基层民主发展的若干问题进行了分析,认为选举式民主是不是中国农村政治发展的方向,将取决于两个内生性变量,即:村民的民主欲求和各地面临问题的性质。文章就选举民主能否增加基层地方政权的合法性进行了分析,指出选举民主只是增强地方政府合法性的途径之一。在民主和政府治理的关系上,作者认为选举民主未必能够提高基层政府的治理水平。目前中国农村基层政改并不存在一种成功模式适合所有地方,因此,不应该以政策或法律的形式强制推行某一种模式,而应该在给定方向和原则的前提下倡导和鼓励各地自主创新,探索适合本地方的政改模式。     

Forest certification as a global environmental governance tool: What is the macro-effectiveness of the Forest Stewardship Council?

Sustainable forest management is a key challenge for local and global governance. The Forest Stewardship Council has emerged as one of the solutions to global forest deterioration and is generally regarded as the prime example of certification as a global governance tool. This article examines the macro-effectiveness of certification on halting deforestation and examines the relationship between certification and governance institutions. The article finds that the macro-effectiveness of certification on halting deforestation is still limited due to the “stuck at the bottom” problem of developing countries, which are kept out of the certification process, and the market-driven nature of certification initiatives. The article does not find a relationship between certification and governance institutions at the macro level. It does find, however, significant variation in certification uptake between countries, pointing to the potential of this policy tool. The implications of the results are discussed.     

Governance in the European Union: A Policy Analysis of the Attempts to Raise Legitimacy through Civil Society Participation

Abstract

The article focuses on two flagship initiatives – the open method of co-ordination and online consultations – in which the European Union aimed to improve democratic legitimacy through collaborative governance. Offering an analytical framework to scrutinize the large body of existing theoretical and empirical research, the article concludes that not only were the high expectations on the effects of applied governance disappointed, the results also hint at larger, more general implications for the governance concept that, in contrast to the high expectations, appears to be indeed strongly dependent on government-like conditions to operate successfully.     

The new global governors: Globalization,civil society,and the rise of private philanthropic foundations

ABSTRACT

One of the important drivers of change within contemporary global civil society is the growing power and influence of private philanthropic foundations (PPFs). To illustrate this argument, this article considers the cases of the Bill and Melinda Gates Foundation (BMGF) and the Open Society Foundations (OSF), the largest and fourth largest PPFs in the world today by wealth or assets, and, especially, their founders. The article considers their influence within global civil society, within the context of international development, and the consequences of their activities for a range of international actors. This is done in the context of debate within the literature on the activities of PPFs, in which the articles sides with advocates of critical scrutiny. In developing its argument, the article draws on a range of sources including the financial statements and audited accounts of PPFs, of other non-governmental organizations and of selected inter-governmental organizations. It is argued that the BMGF and OSF are engines of neoliberalism and potent symbols of a second distinct ‘gilded age’ and that their influence must be restrained through anti-trust measures and through greater taxation and regulation.