Exploring the formal and informal roles of regulatory intermediaries in transnational multistakeholder regulation

Research on regulation and regulatory processes has traditionally focused on two prominent roles: rulemaking and rule‐taking. Recently, the mediating role of third party actors, regulatory intermediaries, has started to be explored – notably in a dedicated special issue of the ANNALS of the American Academy of Political and Social Science. The present special issue extends this line of research by elaborating the distinction between formal and informal modes of regulatory intermediation, in the specific context of transnational multistakeholder regulation. In this introduction, we identify two key dimensions of intermediation (in)formalism: officialization and formalization. This allows us to develop a typology of intermediation in multistakeholder regulatory processes: formal, interpretive, alternative, and emergent. Leveraging examples from the papers in this special issue, we discuss how these four types of intermediation coexist and evolve over time. Finally, we elaborate on the implications of our typology for regulatory processes and outcomes.     

Intermediary roles in regulatory programs: Toward a role‐based framework

This paper develops a role‐based framework of intermediaries in regulatory programs. In examining the types of roles that organizations adopt in regulation and governance, we argue that roles have important implications for understanding organizational and program level dynamism and outcomes. We use the Regulator–Intermediary–rule‐Taker framework to describe how organizational roles can be adopted through assignment, appropriation, or promotion. We then go deeper into how intermediaries adopt a variety of different roles in key regulatory programs. We examine generic intermediary roles across programs that involve four main groups of activities: creating and/or organizing, coordinating between programs, supporting implementation, and voicing an opinion. All in all, our role‐based framework allows for a novel relational way to understand interorganizational and institutional dynamism in complex, interactive, and ever‐changing regulatory regimes.     

Private regulatory capture via harmonization: An analysis of global retailer regulatory intermediaries

Studies using the Regulatory–Intermediary–Target (RIT) framework have examined a variety of forms of regulatory capture, including how targets capture intermediaries (T?I) and how intermediaries capture regulators (I?R). Little attention has been paid to why and how regulators themselves might engage in capture. Yet such a scenario is likely in transnational governance settings characterized by regulatory competition and conflict, as well as power differentials between different types of private regulators (non‐governmental organizations, multinational corporations, and business associations). This paper elucidates why and how a private regulator might capture another private regulator via a regulatory intermediary: R1?I?R2. Drawing on interview and archival data, I examine three industry‐driven regulatory intermediaries created to harmonize private labor codes of conduct and ethical audit processes. These are founded and governed by a small group of retail trade associations and global retailers who also fulfill the role of private regulators (R1). My analysis reveals that the creation of these intermediaries is driven by global retailers’ reliance on standardization, low transaction costs, and regulatory harmonization across all aspects of their operations. It further reveals how the harmonization platforms are designed to leverage global retailers’ market power and evolve from regulatory intermediaries into de facto regulators that supplant existing private regulators (R2), and thereby capture transnational governance of consumer product supply chains. The article concludes by discussing contributions, implications, and avenues for future research.     

Beyond opportunism: Intermediary loyalty in regulation and governance

Regulators and other governors rely on intermediaries to set and implement policies and to regulate targets. Existing literatures focus heavily on intermediaries of a single type – Opportunists, motivated solely by self-interest. But intermediaries can also be motivated by different types of loyalty: to leaders (Vassals), to policies (Zealots), or to institutions (Mandarins). While all three types of loyalists are resistant to the traditional problems of opportunism (slacking and capture), each brings pathologies of its own. We explain the behavioral logic of each type of loyalty and analyze the risks and rewards of different intermediary loyalties – both for governors and for the public interest. We illustrate our claims with examples drawn from many different realms of regulation and governance.     

Sustaining economic development in South Korea: Lessons from Japan

Abstract

Since the early 1990s, culture has come to be recognized as a significant regional development resource in China. This paper raises the question of whether cultural strategies of development have ameliorated or exacerbated the government's increasing inability to provide for the public's basic needs. Specifically, it asks: what are the implications of China's cultural strategies of regional development for local-level governance? Three case study villages in Guizhou are examined, each revealing different ways that villages have engaged state development strategies, each with different outcomes. I argue that cultural strategies of development in China introduce a capital logic that greatly influences village governance. Cultural strategies create economic value where none before existed and thus initiate new struggles over ownership among villagers, state actors and entrepreneurs. The privatization of cultural resources has presented new challenges to village governance even while it has been promoted as both an answer to the fiscal challenges faced by many rural communities and a key to the establishment of a new kind of rural citizen.     

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.     

Between Autonomy and Interdependence: The Challenges of Shared Rule after the Scottish Referendum

Drawing on the distinction between self‐rule and shared rule in multilevel states, this article argues that shared rule has been the neglected element of the UK devolution settlement. The ability of the devolved administrations to participate in, and influence, national decision making through shared rule mechanisms is very limited. The article argues that the lack of shared rule is especially problematic in light of the increasing complexity of the Scottish devolution settlement in the wake of the Scotland Act 2012 and the Smith commission report. Smith, in particular, seems set to increase both the power of the Scottish Parliament and its dependence on UK policy decisions in the areas of tax, welfare and the economy. Creating a more robust intergovernmental system which could manage these new interdependencies will be a significant challenge, and yet, without such a system, the new settlement will be difficult to sustain.     

The challenge of accountability in complex regulatory networks: The case of the Deepwater Horizon oil spill

A puzzle that faces public administrators within regulatory governance networks is how to balance the need for democratic accountability while increasingly facing demands from elected officials to optimize oversight of industry by utilizing the expertise of the private sector in developing risk‐based standards for compliance. The shift from traditional command and control oversight to process oriented regulatory regimes has been most pronounced in highly complex industries, such as aviation and deepwater oil drilling, where the intricate and technical nature of operations necessitates risk‐based regulatory networks based largely on voluntary compliance with mutually agreed upon standards. The question addressed in this paper is how the shift to process oriented regimes affects the trade‐offs between democratic, market, and administrative accountability frames, and what factors determine the dominant accountability frame within the network. Using post‐incident document analysis, this paper provides a case study of regulatory oversight of the deepwater oil drilling industry prior to the explosion of the Deepwater Horizon rig in the Gulf of Mexico, to explore how the shift to a more networked risk‐based regulatory regime affects the trade‐offs and dominant accountability frames within the network. The results of this study indicate that a reliance on market‐based accountability mechanisms, along with the lack of a fully implemented process‐oriented regulatory regime, led to the largest oil spill in US history.     

Measuring multi‐level regulatory governance: Organizational proliferation,coordination, and concentration of influence

As regulation increasingly results from the interplay of a wide array of different actors operating at different levels, it has become crucial to focus on how these constellations of regulatory actors operate. Although this research field presents huge potential for theoretical development, we still lack the measurement techniques to allow systematic comparative research. We contribute to filling this gap with four indices measuring crucial characteristics of multi‐actor regulatory arrangements: (i) the scope of organizational proliferation; (ii) the extent of coordination between regulatory actors; (iii) the amount of influence that each individual regulatory actor has on the sector regulation; and (iv) the extent to which the regulatory influence is concentrated in the hands of one or a few actors. We argue that our indices are sufficiently systematic, reliable, and flexible to be applied in a variety of research contexts relating to multi‐level and multi‐actor regulatory governance.     

Community structure and the behavior of transnational sustainability governors: Toward a multi‐relational approach

Hundreds of transnational private governance organizations (TPGOs) have emerged in recent decades to govern social and environmental conditions of production using voluntary standards. A debate persists over whether the ties among different TPGOs and other organizations create a professional community that affects the behavior of TPGOs. To help resolve this debate, we analyze multiple ties among agriculture TPGOs to offer a more robust exploration of community structures and their potential effects for three forms of TPGO behavior – coordination, collaboration, and isomorphism. Our aggregate measure of ties reveals a thin community dominated by older TPGOs and TPGOs advancing a broad notion of sustainability that were created by Solidaridad, the World Wildlife Fund, and/or Unilever. The clearest community structures are built from ties that exhibit the potential for not actual collaboration, coordination, and isomorphism. Thus, while there exists convergence toward an emergent TPGO‐community, obstacles remain to more intense behavioral effects for TPGOs.     

Linking democratic anchorage and regulatory authority: The case of internet regulators

Scholars and practitioners have repeatedly questioned the democraticness and the authority of transnational multi‐stakeholder organizations, especially those that regulate the internet. To contribute to this discussion, we studied the “democratic anchorages” and the regulatory authority of 23 internet regulators. In particular, we conducted a fuzzy‐set qualitative comparative analysis assessing whether and which anchorages correspond to necessary and/or sufficient conditions for exerting regulatory authority. Our results show that strong anchorage in democratic procedures is specifically relevant for this outcome. Further, we find that weak anchorage in democratically elected politicians leads to high regulatory authority, confirming the significance of non‐state actors in this policy field. More generally, our findings support but also qualify expectations about the compatibility and mutual reinforcement of democratic quality and regulatory authority at the transnational level.     

Regulatory reform in the era of new technological development: The role of organizational factors in the public sector

What is the role of organizational factors in fostering regulatory reform in response to new technological development? Existing studies provide useful frameworks to understand regulatory reform in rapidly changing circumstances but still lack a systematic analysis of how organizational factors affect regulatory reform in the public sector. To fill this gap, we examine the impact of several institutional elements that are central to defining organizational characteristics, such as job tasks, bureaucratic autonomy, and organizational culture. We theorize that regulatory reform is more likely when public sector organizations are more receptive to external changes, which are determined by these characteristics. We leverage original surveys from over 1,000 civil servants in Korea, one of the front runners in new technological development, and find support for our prediction. We find that the implementation of regulatory reforms is more likely when (i) organizational tasks are relevant to scientific and technological development, (ii) higher levels of bureaucratic autonomy are granted, (iii) agency heads demonstrate stronger leadership, and (iv) organizational culture is less authoritarian. Our study makes clear contributions to the literature on public management and regulation theory, and has important implications for regulatory reform in the face of new technological development.     

Strategic drift in international non‐governmental development organizations—putting strategy in the background of organizational change

Although the use of strategic planning has become widespread in INGDOs they have often been accused of strategic drift—continuous change in their strategic directions with plans only loosely coupled to their activities. However, the way that they prioritize their activities, and the reasons why strategic drift occurs has generally escaped in‐depth research. This article draws on detailed, qualitative research of strategic planning meetings at the executive levels in a major INGDO, carried out between July 2006 and December 2007 to identify the reasons why strategic drift occurs and the role of strategic planning. It was found that by deliberately crafting multiple, ambiguous, and ambitious strategies, managers were able to effect organizational change, not by literal strategy implementation, but by using these strategies as metaphors to harness consensus and legitimacy in key stakeholder groups. Senior managers utilize the symbols, language and deliberative arenas of formal strategic planning to effect organizational change; however, strategy, in rational terms, needs to be located in the background for its role to be properly understood. The research unpacks complex decision‐making processes in an INGDO and, contrary to normative literature, recommends that, in order to avoid inflationary planning, managers should not take their strategy literally. Copyright © 2009 John Wiley & Sons, Ltd.     

Towards a sustainable model of urban and architectonic integral rehabilitation in Malaga （Spain）

In the third quarter of last century, Malaga experienced a period of important residential growth that produced the construction of great commuter suburbs, in promotions of collective housing in opened block, forming an urban aggregate without any other relation than the juxtaposition of independent pieces. The population that initially occupied these districts came from the countryside, as time went by, this population has been improving economically, notwithstanding this was not reflected in the improvement of the urban surroundings. The architectonic and city-planning characteristics of its conception： precarious constructions without improvement due to the disadvantages of the horizontal property, a public space wrongly defined and invaded by the parking area, deficit of equipment. This situation has favored the departure of a part of the original population and the arrival of another one with greater economic difficulties and important social differences in relation to the first. In some cities, this situation has caused important problems of marginalization and confrontation. Apart from the economic and cultural problems, the total deterioration of the housing, the bad quality of the urban space and the lack of consideration of the new necessities of the residents are factors that have negatively affected these districts.     

Cultural Policy and Governance: Reviewing Policies Related to Cultural and Creative Industries Implemented by the Central Government of Taiwan Between 2002 and 2012

Cultural and creative industries have exhibited rapid changes in recent years, and public sectors worldwide have expanded interest in policies related to these industries as a means of promoting culture, innovation, and economic vitality. This article argues that the cultural values promoted by and economic significance of cultural and creative sectors are essential to the formation of policy and to the development of new industries. This article offers insight into cultural policy that has governed regional and local development, and addresses academic debates about policy related to cultural and creative industries based on several cultural, economic, and geographical factors. In addition, this article presents the results of analyzing various theories and case studies, based on how the Central Government of Taiwan (CGT) has adopted policies to promote cultural and creative industries. The research results link areas of cultural and economic development with policies enacted by the CGT. Ideas concerning the cultural ministry, industrial development, civic boosterism, subsidies, regional development, creative clusters, tourists and tourism businesses, and export markets are areas of emphasis in this study.     

Correlates of rigorous and credible transnational governance: A cross‐sectoral analysis of best practice compliance in eco‐labeling

The number of eco‐labeling schemes is rising dramatically, yet the rigor and credibility of such schemes remains uneven. Whereas some eco‐labeling organizations (ELOs) comply with best practice guidelines designed to increase the credibility of their standards through attention to good operating principles, such as transparency and impartiality, others do not. Within this article, I attempt to explain this variation through multivariate regression analysis of an original cross‐sectoral dataset of transnational ELO policies and practices. I find compelling evidence to suggest that ELOs with environmental non‐governmental organization (ENGO) partners, nonprofit structures, or broad transnational reach are most likely to comply with best practices. I also find that private ELOs are more likely to disregard best practices than public ones. Conversely, I find little evidence that levels of industry funding or sector‐specific competition dynamics affect best practice compliance. This study contributes new data, a new method of comparison, and new findings to the growing literature on transnational governance.     

Functional stakes and EU regulatory governance: temporal patterns of regulatory integration in energy and telecommunications

Abstract

One of the most fiercely debated questions about EU regulatory governance is the respective role played by functional and political factors in regulatory integration. This article contributes to this debate by focussing on the functional factor. Based on a refined conceptualisation of functional stakes, it finds that they vary across sectors, evolve over time, and that these variations are reflected in the degree of regulatory integration observed. When member states perceive regulatory integration as a solution to one of their most pressing problems of the moment, they value – and sometimes even actively push for – the delegation of regulatory powers to the EU. This argument is subject to a credibility probe based on two within-sector analyses of temporal patterns of regulatory integration in energy and telecommunications. The empirical analysis lends support to the conditioning role of the functional factor in the design of EU regulatory governance.     

Innovation for inclusive development in Southeast Asia: the roles of regional coordination mechanisms

In the past, studies on inclusive development involve mainly the perspective of equitable distribution of economic and societal outputs. This study, however, takes a different approach and analyses the potential roles of regional coordination mechanisms (RCMs), specifically universities and research council's networks within Southeast Asia, in disseminating the innovation-related activities for inclusive development or Innovation for Inclusive Development (IID). The literature on innovation intermediaries within the realm of innovation systems studies was used to establish the framework of the study. The findings indicate that RCMs have a huge potential role to play. However, due to a number of reasons, including lack of funding support, lack of attention and commitment to IID, weak engagement with industry and non-governmental organisations, the implementation of the IID activities was rather poor. As a whole, the study argues that current approaches are not well positioned and it is fragmented preventing the effective use of RCMs despite their potentials for IID efforts. The study attributes this to the systemic failures in the regional coordinating systems. In enhancing the role of RCMs in IID, this study recommends the promotion of IID platform, the leveraging of non-government organisations and industry as well as energising the Southeast Asia engagement in promoting IID.     

Domestic scrutiny of European Union politics: Between whistle blowing and opposition control

Some European law proposals are subject to scrutiny by national parliaments while others go unchecked. The analysis in this article indicates that the opposition scrutinises European Union law to gather information on the proceedings inside the Council of Ministers and the European Parliament. Yet whereas strong opposition parties scrutinise highly politicised law proposals, weak opposition parties tend to scrutinise those proposals that are negotiated under the non‐transparent fast‐track procedure. In addition, there is ample evidence that the leading minister initiates scrutiny in order to strengthen his or her intergovernmental bargaining leverage. Yet, this Schelling Conjecture presumes that the party of the minister is located between the expected bargaining position in the Council and the coalition partner. Any other domestic interest constellation could lead to scrutiny motivated by whistle blowing. However, an issue's salience helps us to separate the whistle blowing from the Schelling Conjecture.     

Mainstreamed voluntary sustainability standards and their effectiveness: Evidence from the Honduran coffee sector

Voluntary Sustainability Standards have become a popular private governance framework for more sustainable agri-food value chains. Yet, amid increasing concerns over the decoupling of standards and practices, it is still unclear to what extent agricultural standard requirements are implemented on the ground, and what may account for such differential implementation. This study employs a novel dataset of 659 Honduran coffee producers to examine this puzzle, focusing on the most widely used standards in the coffee sector (Common Code for the Coffee Community, Fairtrade, Fairtrade/organic, UTZ Certified, and Rainforest Alliance). It first presents results on implementation and behavioral change, based on matched groups of certified and non-certified farmers, for eight representative social and environmental sustainability practices. Analyzing determinants of implementation success, it finds that the stringency of rules – if they are known by farmers – and the level of farm-gate prices are significantly correlated with farmers’ performance and lower levels of decoupling across a majority of indicators. These results speak to the importance of supporting small-scale actors’ awareness of and financial capacity to comply with proposed sustainability rules.