Assessing the institutionalization of private sustainability governance in a changing coffee sector

The potential of transnational private governance initiatives to constitute effective alternatives to state‐led regulation of global value chains rests on their ability to scale up and become institutionalized in a given sector. This study examines whether such institutionalization has occurred in the coffee sector, the commodity with the most widespread adoption of certified products and over 30 years’ experience of private governance, and tests hypotheses on facilitating and inhibiting conditions. It finds that while norm generation around responsible supply chain management and the organizational institutionalization of standard‐setting bodies is well advanced, the practice of internalizing social and environmental externalities through the routinized production and purchase of higher priced certified goods continues to be questioned by industry actors. Indeed, conditions that favored normative and organizational institutionalization, such as high levels of industry concentration, product differentiation, and deliberative interaction, are shown to represent barriers to the practice‐oriented institutionalization of market‐driven regulatory governance.     

When private governance impedes multilateralism: The case of international pesticide governance

Private standards play an increasingly important governance role, yet their effects on state-led policymaking remain understudied. We examine how the operation of private agricultural standards influences multilateral pesticide governance with a particular focus on the listing of substances under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, a treaty-based information-sharing mechanism that allows countries to refuse hazardous chemical imports. We find that private agricultural standard-setting bodies use the Rotterdam Convention's pesticide list to develop their own lists of banned substances. This alters the Rotterdam Convention's intended role, impeding efforts to add substances to the treaty, as attempts by private actors to impose stricter governance than state actors can undermine the potential for international state-based governance to become more stringent. We characterize this as a “confounding interaction” whereby institutional linkages between actions by public and private actors with broadly aligned goals results in unexpected negative consequences for governance.     

When public principals give up control over private agents: The new independence of ICANN in internet governance

In 2016, the United States (US) government relinquished its long‐standing delegation contract with the Internet Corporation for Assignment of Names and Numbers (ICANN), a private organization that governs the technical infrastructure of the internet. This presents a puzzle as the US not only gave up a power resource, but also relinquished the possibility, as a public principal, to hold the private agent ICANN accountable. I argue that public principals have incentives to leave control in the hands of private stakeholders when a delegation contract is exposed to external pressure by powerful outside states and the probability of extensive policy changes by the privatized agent is limited. The analysis shows that the unilateral US control over ICANN was strongly challenged by other states and private actors. Instead of granting a greater role to rising powers in internet governance, the US gave up its unilateral influence after internal reforms limited the risk that an independent ICANN could deviate too far from former policies.     

How domestic contexts shape international private governance: The case of the European Accord and American Alliance in Bangladesh

The international nature of supply chains has led to the rise of private authority in regulating the environmental and social impacts of production, which companies frequently address through corporate social responsibility (CSR) in the form of private governance (PG). Despite its claim to establish “global” rules, PG usually has national origins, and multiple efforts to address the same issue from different national perspectives frequently coexist. Numerous studies have explored the impact of national business systems on companies' domestic CSR practices, yet little is known about what factors shape CSR practices like PG internationally. Therefore, this study seeks to understand how differing domestic contexts shape approaches to CSR in the form of PG in host countries. I explore this empirically through the comparative case study of competing PG initiatives in the post-Rana Plaza Bangladesh garment industry, uniquely conceived to govern companies' practices rather than certify products. It combines empirical findings with the comparative CSR literature to hypothesize about ideal types of PG organizing in US and European contexts. It extends the analysis to also account for other influential factors, such as stakeholder pressure, thus demonstrating how institutional and agentic factors amalgamate to shape firms' choices. By explicating linkages between international PG and its domestic context, as well as between the comparative CSR and PG literature studies, this study extends our understanding of how and why international PG practices and preferences vary for firms originating from different environments.     

Public orchestration,social networks,and transnational environmental governance: Lessons from the aviation industry

This article contributes to current debates on the potential and limitations of transnational environmental governance, addressing in particular the issue of how private and public regulation compete and/or reinforce each other – and with what results. One of the most influential approaches to emerge in recent years has been that of “orchestration.” But while recent discussions have focused on a narrow interpretation of orchestration as intermediation, we argue that there is analytical traction in studying orchestration as a combination of directive and facilitative tools. We also argue that a social network analytical perspective on orchestration can improve our understanding of how governments and international organizations can shape transnational environmental governance. Through a case study of aviation, we provide two contributions to these debates: first, we propose four analytical factors that facilitate the possible emergence of orchestration (issue visibility, interest alignment, issue scope, and regulatory fragmentation and uncertainty); and second, we argue that orchestrators are more likely to succeed when they employ two strategies: (i) they use a combination of directive and facilitative instruments, including the provision of feasible incentives for industry actors to change their behavior, backed up by regulation or a credible regulatory threat; and (ii) they are robustly embedded in, and involved in the formation of, the relevant transnational networks of actors and institutions that provide the infrastructure of governance. © 2017 JohnWiley & Sons Australia, Ltd     

Diversifying Nature Protection: Evaluating the Changing Tools for Forest Protection in Canada and Norway

Governments increasingly struggle to protect representative nature types and ecological diversity within their territories only via the instrument of publicly designated protected areas. This article examines the rise of voluntary conservation and certification (i.e., private conservation) as tools for forest protection in Norway and Canada. We contrast the differing potential of these private conservation tools with protection through government legislation and regulation using four evaluative criteria: the representativeness of protected areas, the strength of protection, the longevity of protection, and the information generated through protection. We find that private conservation tools can match the strength of legal protection and help to dispel conflict, but that private tools create protection that is more likely to be reversed in the future. However, we also show that voluntary private conservation can become public protection, which highlights the importance of examining different paths toward secure and long‐lasting protection.     

The politics of resonance: Transnational sustainability governance in Argentina

Why do private governance initiatives trigger greater participation in one country than another? This article examines the domestic dimension of transnational regulation through a case study of private sustainability governance in Argentina. Drawing from theories of contentious politics, the argument poses that the resonance of transnational private governance is shaped by the semantic compatibility of “incoming” sustainability programs against national political culture. Analyzing the limited participation of Argentine actors in contemporary sustainability initiatives, the article claims that the validity and relevance of sustainability programs is affected by three dimensions of national political culture accentuated over the last decade: a politicized model of state‐society relations, the low visibility of environmental matters, and a widespread anti‐corporate culture. By examining the ideational fundamentals of the “politics of resonance” in Argentina, the article makes a relevant and original contribution to transnational regulation literature, highlighting the need for theoretical accounts and empirical analyses that address domestic and cultural variables as fundamental pieces in transnational norm diffusion and effectiveness.     

第三部门的治理：失灵与补救

二十世纪八十年代，伴随着全球化公民社会的兴起，第三部门作为一种新的治理力量和范式追入到学术领域，第三部门以志愿的方式提供公共物品，实现公共利益和公共价值，相对于政府的层级控制和市场的私益属性，更适应于后工业化社会的需要，本文要探讨的是，第三部门作为政府和市场的替代性模式，是否也存在着治理失败的可能性，以及第三部门的治理失灵因何存在“可补救性”的问题。     

Can non‐state global governance be legitimate? An analytical framework

In the absence of effective national and intergovernmental regulation to ameliorate global environmental and social problems, “private” alternatives have proliferated, including self‐regulation, corporate social responsibility, and public–private partnerships. Of the alternatives, “non‐state market driven” (NSMD) governance systems deserve greater attention because they offer the strongest regulation and potential to socially embed global markets. NSMD systems encourage compliance by recognizing and tracking, along the market’s supply chain, responsibly produced goods and services. They aim to establish “political legitimacy” whereby firms, social actors, and stakeholders are united into a community that accepts “shared rule as appropriate and justified.” Drawing inductively on evidence from a range of NSMD systems, and deductively on theories of institutions and learning, we develop an analytical framework and a preliminary set of causal propositions to explicate whether and how political legitimacy might be achieved. The framework corrects the existing literature’s inattention to the conditioning effects of global social structure, and its tendency to treat actor evaluations of NSMD systems as static and strategic. It identifies a three‐phase process through which NSMD systems might gain political legitimacy. It posits that a “logic of consequences” alone cannot explain actor evaluations: the explanation requires greater reference to a “logic of appropriateness” as systems progress through the phases. The framework aims to guide future empirical work to assess the potential of NSMD systems to socially embed global markets.     

Between governance-driven democratisation and democracy-driven governance: Explaining changes in participatory governance in the case of Barcelona

Scholars of participatory democracy have long noted dynamic interactions and transformations within and between political spaces that can foster (de)democratisation. At the heart of this dynamism lie (a) the processes through which top-down “closed” spaces can create opportunities for rupture and democratic challenges and (b) vice-versa, the mechanisms through which bottom-up, open spaces can be co-opted through institutionalisation. This paper seeks to unpick dynamic interactions between different spaces of participation by looking specifically at two forms of participatory governance, or participatory forms of political decision making used to improve the quality of democracy. First, Mark Warren's concept of ‘governance-driven democratization’ describes top-down and technocratic participatory governance aiming to produce better policies in response to bureaucratic rationales. Second, we introduce a new concept, democracy-driven governance, to refer to efforts by social movements to invent new, and reclaim and transform existing, spaces of participatory governance and shape them to respond to citizens’ demands. The paper defines these concepts and argues that they co-exist and interact in dynamic fashion; it draws on an analysis of case study literature on participatory governance in Barcelona to illuminate this relationship. Finally, the paper relates the theoretical framework to the case study by making propositions as to the structural and agential drivers of shifts in participatory governance.     

Cyber insurance and private governance: The enforcement power of markets

In the last half decade, cyber insurance has emerged as a multi-billion-dollar industry with the authority to set and enforce standards of security behavior. Although cybersecurity has become a concern of national policymakers, insurers appear to have supplanted the state to play an influential role in governing some aspects of client behavior. This paper explores private governance by cyber insurance firms and evaluates two competing explanations for its emergence – either that the private sector advanced to set and enforce cybersecurity standards for financial gain, or that the state retreated from its responsibility to regulate and private sector actors filled the gap only as necessary. To find an answer between these explanations, this article develops a single outcome case study of the American cyber insurance industry. Following a theoretical introduction to private governance and its manifestation through insurance, the article examines the insurance process and its application in cybersecurity, the key role of standards, and the mechanism of enforcing those standards. The article concludes by identifying key elements of this market-based enforcement and discussing implications for crafting effective private governance in other domains and public policy.     

Governing public–private partnerships: A systematic review of case study literature

Governance plays a critical role in determining the success and failure of public–private partnerships (PPPs). We conducted a systematic review of case study literature on PPP governance and developed a governance framework consisting of 21 issues in four groups: institutional, organizational, contractual, and managerial. Then, we investigate the dynamics of governance issues, including the relative importance, interrelationships, and connections with PPP success and failure. Results suggest that PPPs should emphasize cooperation, trust, communication, capability, risk allocation and sharing, competition, and transparency in their governance. We also found that the governance practice of emphasizing dominant and direct factors and ignoring recessive and indirect ones has hindered PPPs’ success.     

Orchestrating sustainability: The case of European Union biofuel governance

This article provides an empirical analysis of orchestration – that is, the initiation, support, and embracement of private governance arrangements through public regulators – in the field of European Union biofuel governance. It examines the emerging sustainability regime and shows that orchestration has been extensively practiced. Regulators in the European Union have used a range of directive and facilitative measures to initiate and support private biofuel certification schemes and to incorporate them in their regulatory frameworks. This has given rise to a hybrid regime in which public and private approaches are closely intertwined. Discussing the benefits and complications of engaging with private biofuel sustainability governance, the article's findings point to a partial failure of orchestration in this policy area.     

The Translation of Transnational Voluntary Standards into Practices: Civil Society and the Forest Stewardship Council in Russia

The article analyses closely the role of civil society in the local translation and adaptation of transnational standards of responsible use of natural resources in global certification regimes. The study builds on original evidence from Russia on civil society and forest certification, based on extensive fieldwork. It argues that the local translation of global sustainability standards into on-the-ground practices is not a straightforward execution of rules imposed by powerful transnational actors—e.g. international nongovernmental organizations, multinationals, governments, or consumers. Rather, local civil society actors elaborate the ways in which transnational standards are implemented locally and thereby construct new knowledge related to standard implementation and responsible natural resource management. The paper contributes to the literature on transnational governance by examining the involvement of civil society organizations in the translation, adaptation, and learning dynamics in global certification regimes.     

政社关系的理顺与法治化塑造——社会组织参与社区治理的空间与进路

在城市社区治理中,政府与社会组织间失衡错位的关系是社区治理困境产生的根源。因此,理顺政府与社会组织间的关系是破解社区治理困境的重点,而法治正是理顺这一关系的重要工具。法治规则能明确地限定政府与社会组织间的互动路径,并控制政府与社会组织关系的基本走向。政府与社会组织间存在的指导、帮助与支持关系,分别对应了政府的监管、兜底与培育责任,并限定了政府介入社区治理的基本界限。在这样的关系之下,社会组织参与社区治理的可为空间广阔。与此同时,还可以通过法律赋权进一步拓展社会组织的可为空间。     

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.     

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.     

Grounding transnational business governance: A political-strategic perspective on government responses in the Global South

Recent scholarship on transnational business governance has begun to examine public-private interactions and the active role of governments. We make two key contributions that integrate and expand this literature. First, in juxtaposition to functionalist accounts, we foreground the fundamentally political and often contentious character of these interactions. As private transnational governance schemes and standards “hit the ground,” private-public interactions, we argue, are embedded in national political arenas and tied to domestic distributional struggles among competing regulatory coalitions. Building upon multiple empirical streams of research, we develop a political-strategic framework that maps the diversity of Southern government responses (substitute, adopt, repurpose, replace, or reject) to transnational private governance. Our framework shows that government responses are a function of both strategic fit with domestic industrial capabilities and structures, and strength of developmental state capacity. Second, our proposed framework adopts the vantage point of Global South governments and industries, particularly how development challenges and strategic options within global value chains affect their understanding of, and responses to, transnational schemes and standards. This is an important corrective to a Northern bias in the private governance literature.     

Citizenship agendas,urban governance and social housing in the Netherlands: an assemblage approach

This article combines recent conceptualizations of citizenship beyond the nation state with new perspectives on governance assemblages comprising both state and non-state actors. Focusing on Dutch social housing, this study explores how such governance assemblages produce agendas that attempt to shape citizenship. Employing an assemblage approach, this study first demonstrates how state and non-state actors amalgamate by providing a historical overview of the urban governance of social housing in the Netherlands. Second, taking account of the territory that the assemblage claims, it shows how underprivileged neighbourhoods become the spatial locus of these assemblages. Third, examining what this amalgam produces, the article shows how the assemblage imposes a citizenship agenda on the population of these neighbourhoods, distinguishing between ‘good’ and ‘bad’ citizens. Acknowledging that citizenship agendas are produced by a multifaceted amalgam of state and non-state actors, this article emphasizes the need for rigorous academic analysis of such governance assemblages.     

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.