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1.
Zdravka Tzankova 《Regulation & Governance》2021,15(4):1248-1269
Based on the inductive analysis of two parallel cases of private environmental governance – private, market-driven fisheries governance and private, market-driven governance for electricity decarbonization – this paper uncovers a trigger for positive public policy spillovers from private environmental governance. It identifies circumstances that prompt groups of business actors working as private regulators to also take on a role as public policy advocates and supporters, revealing a potential for private governance initiatives that are targeted at a particular environmental problem to serve as a bolster for the public regulatory governance of that problem as well. Both private governance cases at the basis of this analysis feature groups of business actors seeking to meet voluntary sustainability goals through the tools of private governance (specifically, through flexing buyer power and private authority in an effort to reform environmentally problematic practices among particular groups of suppliers). In both cases, the business's inability to attain private sustainability goals though private governance means alone has given rise to business demand for facilitative public environmental policy and regulation. The analysis presented in this paper thus points to the occurrence of a particular and intriguing pattern of complementarity between private authority and public policy – one where public policy is called on to fill gaps left by private environmental governance and authority. And it identifies key conditions for such private-governance-driven recentering of public policy to occur, namely the presence of private supply chain greening goals and commitments that are economically, reputationally, and/or competitively critical for businesses to attain, combined with shortfalls in the capacity of businesses' private authority to bring about such attainment. The two case analysis further suggests the importance of ENGOs in identifying and activating some of the opportunities for leveraging shortfalls in private environmental governance to the advantage of public environmental policy and regulation. 相似文献
2.
The changing shape of sustainability governance has been a key academic and policy concern in the past two decades, as part of a wider debate on the interactions between public and private authority in governing the economy, society, and the environment. In this article, we contribute to these debates by examining how these interactions operate locally and across jurisdictions in three conservation and development initiatives in Tanzania and what impact they have on the functional quality of sustainability governance. We find that clear division of responsibilities, coupled with material incentives for communities and equal and transparent distribution of benefits, are key positive contributors to functional quality. These factors underpin the complementary interactions (collaborative at the local level; institutional layering across jurisdictions) that are needed to successfully negotiate and implement the compromises needed to balance conservation and development goals. We also find that competitive dynamics are harmful to functional quality, especially those taking the form of local institutional duplication and of dominance by central government across jurisdictions. These tend to appear especially when sustainability initiatives involve multiple stakeholders with wide discrepancies in resources, interests, and power, which leads to compromises determined in a top-down manner. 相似文献
3.
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. 相似文献
4.
Christian Elliott;Amy Janzwood;Steven Bernstein;Matthew Hoffmann; 《Regulation & Governance》2024,18(3):802-819
In its 20 years of operation, the Carbon Disclosure Project (CDP) has been enormously successful as a private governor of corporate climate risk disclosure. Despite an influx of potentially competitive government-led disclosure initiatives and interventions, the use of CDP's platform has nonetheless accelerated. To explain this outcome, we argue that public interventions augment the value of private governance for firms when the costs of compliance overlap, benefits of compliance with private rules are undiminished, and normalization helps kickstart positive feedback effects. These conditions of complementarity are made possible by private governors leveraging authority, access, and adaptability as public responses materialize. We illustrate our argument with two cases: the Non-Financial Reporting Directive in the European Union and the G20's Task Force for Climate-Related Financial Disclosures. In elaborating the conditions for complementarity beyond a functional division of governing labor, our study helps clarify how public and private governance co-evolve in a mutually reinforcing manner. 相似文献
5.
Hamish van der Ven 《Regulation & Governance》2015,9(3):276-293
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. 相似文献
6.
Jessica F. Green 《Regulation & Governance》2018,12(2):263-276
Non‐state actors – including firms, non‐governmental organizations, and networks – are now a permanent fixture in environmental politics. However, we know surprisingly little about when states choose to delegate to non‐state actors through multilateral treaties. This paper provides an historical picture, tracing patterns of delegation to non‐state agents in a random sample of multilateral environmental agreements from 1902 to 2002. I introduce a new unit of analysis – the policy function – to understand what non‐state actors actually do as agents. I find that analyses of delegation are sensitive to the unit of analysis; patterns of delegation at the treaty level are very different from those at the level of individual policy functions. While overall the decision to delegate to non‐state actors – what I term transnational delegation – is rare, it has grown over time. Complex treaties, those with secretariats, and those focused on the management of nature are more apt to delegate to non‐state actors. Non‐state agents fill a small, but growing role in multilateral environmental treaties. 相似文献
7.
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. 相似文献
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9.
Philip Schleifer 《Regulation & Governance》2013,7(4):533-546
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. 相似文献
10.
赵斌 《北京行政学院学报》2007,4(5):25-27
在我国社会转型过程中,政府在公私领域价值取向重心对社会将产生重大影响。转型初期的政府采取效率优先、兼顾公平的理念,价值取向重心向私域偏移。在经济高速发展的同时,社会矛盾逐渐凸显。在和谐社会构建过程中,政府价值取向重心应逐步向公域偏移,做到效率与公平并重。 相似文献
11.
Fiona Kinniburgh Henrik Selin Noelle E. Selin Miranda Schreurs 《Regulation & Governance》2023,17(2):425-448
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. 相似文献
12.
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. 相似文献
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Poor working conditions in global supply chains have led to private initiatives that seek to regulate labor practices in developing countries. But how effective are these regulatory programs? We investigate the effects of transnational private regulation by studying Hewlett‐Packard's (HP) supplier responsibility program. Using analysis of factory audits, interviews with buyer and supplier management, and field research at production facilities across seven countries, we find that national context – not repeated audits, capability building, or supply chain power – is the key predictor of workplace compliance. Quantitative analysis shows that factories in China are markedly less compliant than those in countries with stronger civil society and regulatory institutions. Comparative field research then illustrates how these local institutions complement transnational private regulation. Although these findings imply limits to private regulation in institutionally poor settings, they also highlight opportunities for productive linkages between transnational actors and local state and society. 相似文献
15.
Federica Infantino; 《Regulation & Governance》2024,18(3):837-850
This article takes an actor-centered and bottom-up perspective to analyze how private companies shape public responses to migration in Europe. It builds on ethnographic research with top managers and civil servants involved in visa policy, asylum reception, and immigration detention. Drawing on organizational theories about decisions and change, I analyze empirical evidence to put forward processes of international migration governance that take account of private and public actors, the implementation stage of policy-making, the organizational and informal dynamics underpinning decisions and change within and across borders of polity, therefore adopting a transnational lens. I show three interrelated aspects: Personal contacts, informal interactions, and informal exchange that promote private companies' business while affecting change in the delivery of public policies; private companies' involvement in decision-making and their engagement in solution-driven processes of change; the diffusion of organizational responses to migration across national contexts, which contribute to transnational change. 相似文献
16.
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. 相似文献
17.
Jos Carlos Marques 《Regulation & Governance》2019,13(2):157-176
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. 相似文献
18.
Giliberto Capano Michael Howlett M Ramesh 《Journal of Comparative Policy Analysis》2015,17(4):311-321
19.
Manuel Becker 《Regulation & Governance》2019,13(4):561-576
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. 相似文献
20.
The growth in the use of collaborative governance arrangements has been accompanied by burgeoning scholarship in the field of public affairs that seeks to understand the benefits of engaging diverse stakeholders in common venues. However, few scholars have formally assessed the role of government actors in facilitating outcomes for individual participants in such efforts. Moreover, little work on collaborative governance examines how individual incentives and barriers to collective action are formed within the nested nature of these contexts. We contribute to the study of collaborative governance by formally investigating how the relative centrality of government actors in collaborative policy‐making venues affects individual relationship building and learning for participants therein. We find that government actor centrality is positively associated with relationship building and learning. However, in testing two different conceptualizations of “centrality,” we find that the definition of this construct clearly matters. 相似文献