Earth system governance: a research framework

The Earth System Science Partnership, which unites all major global change research programmes, declared in 2001 an urgent need to develop “strategies for Earth System management”. Yet what such strategies might be, how they could be developed, and how effective, efficient and equitable such strategies would be, remains unspecified. It is apparent that the institutions, organizations and mechanisms by which humans currently govern their relationship with the natural environment and global biochemical systems are not only insufficient—they are also poorly understood. This article presents the science programme of the Earth System Governance Project, a new 10-year global research effort endorsed by the International Human Dimensions Programme on Global Environmental Change (IHDP). It outlines the concept of earth system governance as a challenge for the social sciences, and it elaborates on the interlinked analytical problems and research questions of earth system governance as an object of study. These analytical problems concern the overall architecture of earth system governance, agency beyond the state and of the state, the adaptiveness of governance mechanisms and processes as well as their accountability and legitimacy, and modes of allocation and access in earth system governance. The article also outlines four crosscutting research themes that are crucial for the study of each analytical problem as well as for the integrated understanding of earth system governance: the role of power, knowledge, norms and scale.     

Venturing into uncharted financial waters: an essay on climate-friendly finance

This paper explores links between global financial imbalances and tensions around reserve currency along with climate change. Currently, risky levels of private and public debts coexist with vast amounts of savings that “do not know where to go.” Long-term climate-oriented financial products could enhance investors’ confidence in low-carbon projects (LCP) and channel to them large amounts of private savings. The paper outlines a financial architecture, the cornerstone of which is an agreement on the Social Cost of Carbon (SCC) integrated into a project’s appraisal and acting as a surrogate for a carbon price. This SCC would be the value of carbon certificates issued by the government and delivered to banks to issue credit facilities reducing the risk-adjusted costs of LCPs. These carbon certificates could be gradually transformed into legal reserve assets of the banks after verification of the reality of the projects. Finally, the paper considers whether such certificates would be recognized as genuine international reserve assets, backed by the rising value of carbon over time. It shows how emerging countries could then diversify their foreign exchange reserves through an asset based on the international recognition of climate as a global public good.     

The governance of the financial action task force: an analysis of power and influence throughout the years

The international fight against money laundering illustrates changes in global governance as a result of the increasingly cross-border nature of crime and the need it creates for all involved to cooperate. The economic priorities and security concerns that surround it contributed to the strong evolution of global governance in this area and the status of anti-money laundering as a shared problem. The creation of the Financial Action Task Force (FATF), its expansion and cementation throughout the years, is a good example of the many forces working together to responding to the demands of emerging criminal threats and trends. It offers a good illustration of how relationships in global governance have influenced FATF’s priorities and action and ultimately the way in which illicit financial flows are tackled. This analysis offers an overview of FATF’s network across time taking into account the role of states, international organisations, and the private sector in the decision-making processes. It argues that Great Powers – a small, but aligned, group of states of global economic relevance – are responsible for FATF’s direction and the international efforts against illicit financial flows. It suggests, however, that unlike what could be expected, their power is declining following the rise of private sector influence through resourceful, organised and transnational actions e.g. on information sharing.     

Environmental policy integration and the architecture of global environmental governance

This article discusses environmental policy integration—a concept so far mainly applied to domestic and European politics—at the global level. The article distinguishes between integration of institutions, of organizations, and of their bureaucracies, and it addresses both internal integration (within the environmental policy domain) and external integration (between environmental policies and non-environmental policies). The overall focus is on one set of policy reform proposals that have been salient in the global environmental governance debate for the last decades: the question of whether the creation of a world environment organization would improve the effectiveness, legitimacy, and efficiency of global environmental governance. We revisit this debate and explore the options for organizational change, including clustering, upgrading, streamlining, and hierarchical steering, with a focus on whether the reform proposals can bring about environmental policy integration. We conclude that in the longer term, upgrading of the UN Environment Programme to a UN specialized agency, with additional and increasing streamlining of other institutions and bureaucracies, offers the most potential for environmental policy integration and does not appear to be unrealistic.     

What Role for Private Rule-Making in Global Environmental Governance? Analysing the Forest Stewardship Council (FSC)

This article assesses the recent trend of rule-making by private multi-stakeholder initiatives – a hitherto largely unnoticed phenomenon in global environmental governance – by analysing the multiple functions and impacts of the Forest Stewardship Council (FSC), one of the best-known private institutions in global environmental politics. After clarifying the general context of private governance, I turn to the specific function of private rule-making institutions. I argue that rule-making can be understood as the act of agreeing on both constitutive and regulative rules that prescribe the behaviour of a specific group of actors, whether individuals or organisations. Further, I argue that the FSC, as one example of private rule-making in world politics, performs three additional functions that shape the contours of global governance: (1) facilitating a solution to complex multi-interest problems, (2) brokering knowledge and norms among a wide range of stakeholders, and (3) constituting a learning network in environmental governance.     

Beyond the public and private divide: remapping transnational climate governance in the 21st century

This article provides a first step towards a better theoretical and empirical knowledge of the emerging arena of transnational climate governance. The need for such a re-conceptualization emerges from the increasing relevance of non-state and transnational approaches towards climate change mitigation at a time when the intergovernmental negotiation process has to overcome substantial stalemate and the international arena becomes increasingly fragmented. Based on a brief discussion of the increasing trend towards transnationalization and functional segmentation of the global climate governance arena, we argue that a remapping of climate governance is necessary and needs to take into account different spheres of authority beyond the public and international. Hence, we provide a brief analysis of how the public/private divide has been conceptualized in Political Science and International Relations. Subsequently, we analyse the emerging transnational climate governance arena. Analytically, we distinguish between different manifestations of transnational climate governance on a continuum ranging from delegated and shared public–private authority to fully non-state and private responses to the climate problem. We suggest that our remapping exercise presented in this article can be a useful starting point for future research on the role and relevance of transnational approaches to the global climate crisis.

The crime control industry and the management of the surplus population

This essay examines what we are calling the ‘crime control industry’ and how the growth of such an industry relates to growing inequality and the need to ‘manage’ or ‘contain’ the ‘surplus population.’ Profits are a major moving force in this process, rather than the goal of reducing crime and suffering. An important component of this industry is the ‘prison industrial complex,’ one of the fastest growing industries in the U.S. Also included is a rapidly growing private security industry that includes private police and security guards, along with a growing supply of technology to aid in the ‘war on crime.’ Other components include drug testing companies, gated communities, and a booming gun industry. We conclude by outlining possible explanations for the growth of this industry.     

国际法视野下的标准治理

全球化带来的世界转型,使国际体系呈现一体化和碎片化交织的复杂模式。而依循国际法进行的全球治理,则因其治理乏力而饱受争议。究其原因,公私治理主体间的矛盾、治理方式的僵硬,导致治理价值的受损。以标准作为全球治理的技术(以下简称"标准治理"),更好地折射出全球治理的优势和限度。一方面,多元多层级标准治理主体之间的合作和互动,增进了决策权的复制与移转,使治理方式更为灵活有序。另一方面,国家导向与市场导向权威之间的可能摩擦,恐使全球治理屈从于"排除知识落伍者"的单一治理模式。更为重要的是,标准治理激发了对国际法秩序,特别是国际法传统渊源的反思和重塑,对于如何更好地推动公私标准的融合、改善国际立法及其遵守,继而推动全球治理的可持续发展提供了新契机。     

The Role of UNEP and UNDP in Multilateral Environmental Agreements

This study examines the role of the UN’s programmes for environment and development (UNEP and UNDP) in the genesis and implementation of multilateral environmental agreements (MEAs). This is set in the wider context of the changing dominant focus of the international agenda, from ‘environment’ at the Stockholm Conference in 1972, to ‘environment and development’ at Rio in 1992, and ‚sustainable development’ in Johannesburg in 2002. UNDP is a development organisation strongly rooted in its country office network. Its role is becoming increasingly normative however, particularly since 2002 when UNDP opted to root most of its activities on the Millennium Development Goals. UNEP, as an environmental organisation has been successful at catalysing MEAs at the global and regional level; but without a significant increase in its budget over 30 years, its capacity has been spread very thinly. Many of the institutional arrangements for MEAs have effectively become independent of UNEP resulting in a very loosely and sometimes poorly coordinated network. Two case studies are used to illustrate the current institutional arrangements: UNEP’s Regional Seas Conventions and Protocols, and the Convention for Biological Diversity. These illustrate the fragmentation of current institutions, the need for strengthened technical and scientific support, the importance of addressing problems at their root causes and the need to increase the devolution of global governance to the regional level. Satisfying the identified needs requires actions within the remit of both UNEP and UNDP. It is argued that current institutional arrangements have not kept pace with the requirements of evolving policy. As part of a reform process, one option may be to merge the two programmes into a single structure that conserves and strengthens vital technical functions but enables a balanced and integrated approach to sustainable development.     

Policy Coherence, Global Environmental Governance, and Poverty Reduction

This paper explores linkages between policy coherence, global environmental governance, and poverty reduction. It begins with a few thoughts on what these terms mean, and how they are linked. It then provides some perspectives on how the linkages might be improved over time. The paper takes the view that the most coherent institutional framework for both poverty reduction and environmental protection is likely to be one that is relatively decentralised, and based on a modular (networking) structure. The implication is that this framework should rely mainly on domestic and regional governance institutions, rather than on global ones. Effective management of environmental problems (both national and international) also implies a judicious mix of strong government institutions, smooth-functioning markets, and well-targeted infrastructure investments. The business and labour communities are therefore crucial. Other elements of civil society, notably the NGOs, also have important roles to play. Global environmental governance will have to overcome significant resistance insofar as the interests of the developing countries are concerned. Developing countries will need to be convinced that it is in their best interest to participate in global environmental institutions. The best way of making this case is to link (local) poverty reduction objectives explicitly to (both local and global) environmental protection goals. Bringing greater coherence to international trade, investment, and development co-operation policies could make an important contribution to strengthening these linkages. Investment is particularly important here – in the future, investment governance will likely prove to be more important for poverty reduction than environmental governance. Focusing on global environmental governance will not be enough.     

Global Administrative Law: The Quest for Principles and Values

There is currently much interest in the question whether a globaladministrative law is coming into being and, if so, whetherthis is desirable or otherwise. This paper addresses the questionof principles for a global administrative law. It considersfour potential sources and their suitability as a foundationfor a global administrative law system: first, the largely proceduralprinciples that have emerged in national administrative lawsystems, notably the principle of legality and due process principles(Section 3); second, the set of rule of law values, promotedby proponents of free trade and economic liberalism (Section4); third, the good governance values, and more particularlytransparency, participation and accountability, promoted bythe World Bank and International Monetary Fund (Section 5);and finally, human rights values (Section 6). The paper endson a sceptical note, concluding that a universal set of administrativelaw principles is difficult to identify and not especially desirable.First, administrative law is primarily a Western construct,protective of Western interests. It may impact unfavourablyon developing economies. Secondly, the evolution of global administrativelaw in adjudicative forums is leading to an undesirable ‘juridificationof the political process’. The paper concludes that diversityand pluralism are preferable.     

私人自治与法律行为

私人自治在民法中居立龙头之地位,而法律行为乃实践私人自治的工具。由于我国对法律行为的这一思想基础与价值内核认识得并不深切,因此,在理论、立法与司法诸层面上都肇致了明显的弊端。私人自治虽非包治百病的灵丹妙药,私法亦应诉诸自治外的其他法律价值以使自己能顺应社会发展与时代变迁,但私人自治构成私法的公理性原则却属无可动摇的既定事实,执掌权柄者时刻都应毋忘“自由主义的剃刀”。在我国,就法律行为制度的应然状态而论,目前最主要问题并非其“私人自治”的烙印过深,而是“私人自治”的色彩还太过薄弱。立法者应在真正理解私人自治精神的基础上,本着捍卫私人自治的信念来从事民法典中法律行为制度的具体构建与设计。     

From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain

Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects; as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised form, to envisage these developments and to provide the foundation for an understanding of the importance of the development of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through ‘control’.

Global Politics of Mercury Pollution: The Need for Multi-Scale Governance

This article analyses international legal and policy developments on mercury from the 1970s to the present time, and examines options for continued abatement. Multiple scientific assessments have demonstrated that mercury is an environmental pollutant that can pose a serious threat to human health and development. Currently, the international community is engaged in extensive debate about options for improved mercury governance. This article will critically examine three major policy options under discussion: the creation of a global mercury convention; the regulation of mercury under the Stockholm Convention on Persistent Organic Pollutants; and the development of voluntary partnerships. It is concluded that expanded and better integrated policy efforts are needed across global, regional and local governance scales to address mercury pollution and contamination effectively.     

Dealing with corruption: the next steps

The 1997 White Paper from the British Government's Department for International Development (DFID) was specific in identifying the role of governance now being addressed by international and national donors: “improving governance can ... improve the lives of poor people directly. It is also essential for creating the environment for faster economic growth. Both aspects can be compromised by corruption, which all governments must address. In developing countries it is the poor who bear proportionally the heaviest cost“ (DFID, 1997, p. 30). Dealing with corruption is thus a priority both in terms of who it most affects and in terms of which objectives of governance — including participatory and responsive government and economic growth — it constrains. Although it has long held a specialist academic interest, corruption has become the subject of growing practitioner attention which means that the focus on corruption is beginning to move significantly from theory to practice and the practical. While there is substance to the belief that fire-engines cannot be designed without a thorough understanding of the fire they are intended to put out, there is also a sense in which the pervasiveness and tenacity of the current fires of corruption are such that action rather than refining theories and processes is what is now required. To paraphrase an analogy made by a senior British civil servant about the general issue of identifying policy — that corruption “is rather like the elephant — you recognise it when you see it but cannot easily define it” (quoted in Hill, 1997, p. 6) — is also to suggest that, while theorising may help draw up longer-term approaches to dealing with corruption, there is enough information and experience to develop best practice proposals for more immediate implementation and for developmental strategies that link to the longer-term approaches. This article addresses some of the issues of this agenda which seeks to develop, for those actively involved in anti-corruption initiatives, frameworks within which to consider realisable and cost-effective shorter-term anti-corruption strategies. This revised version was published online in July 2006 with corrections to the Cover Date.     

Democratic Global Internet Regulation? Governance Networks,International Law and the Shadow of Hegemony

Abstract: The field of global Internet Regulation serves as a prime example for the rise of global ‘a‐centric’ and ‘self regulatory’ governance structures. The most prominent private organisation in this field is the Internet Corporation of Assigned Names and Numbers (ICANN). ICANN was founded as a private non‐profit organisation comprising private and public actors that run the Internet domain name system, a crucial part of the Internet technical infrastructure. It claims to be a participatory network that enables deliberation among the ‘relevant’ commercial and non‐profit actors in the Internet field. This normative aspiration of a legitimate sectoral polity beyond governmental and intergovernmental policymaking can also be isolated as the driving force behind a certain strand within the literature on global governance. The paper undertakes a critical analysis of this claim within the ICANN context.     

Internet of things – Need for a new legal environment?

The Internet of Things as an emerging global, Internet-based information service architecture facilitating the exchange of goods in global supply chain networks is developing on the technical basis of the present Domain Name System; drivers are private actors. Learning from the experiences with the “traditional” Internet governance it is important to tackle the relevant issues of a regulatory framework from the beginning; in particular, the implementation of an independently managed decentralized multiple-root system and the establishment of basic governance principles (such as transparency and accountability, legitimacy of institutional bodies, inclusion of civil society) are to be envisaged.     

Whose Best Practices? The Significance of Context in and for Transnational Criminal Justice Indicators

To what extent is it possible to identify transnational good or best practice and what are the difficulties and challenges in doing so validly? The claim made in this article is that it may be helpful to examine the spread of global social indicators as a series of projects that themselves reproduce ideas of what counts as ‘good’ practice. This will help identify the ‘politics of comparison’ in each case. Taking as an example recent calls for criminologists to engage with the global targets for change set by the United Nations, the article discusses the aims of comparison, the uses of indicators, and the way that commensuration misrepresents contexts in the drive to evaluate local conditions in terms of overarching standards. It then revisits the debate concerning the so‐called knowledge and governance ‘effects’ of global social indicators.     

Friendly neighbor or Trojan Horse? Assessing the interaction of soft law initiatives and the UN climate regime

Current global climate governance is characterized by increasing institutional proliferation. Within the last 5 years several non-legally binding initiatives have emerged, including (i) the Asia-Pacific Partnership on Clean Development and Climate and various other public–private partnerships working on the policy implementation level and (ii) the Group of Eight Gleneagles Dialogue on Climate Change, Clean Energy and Sustainable Development, and Major Economies Meeting on Energy Security and Climate Change as high-level political processes. As a first step toward analyzing the relationship between these parallel initiatives and the UN climate regime, this article looks at the negotiations of four UN-hosted climate meetings in 2007–2008, providing an examination of the interaction of ‘soft law’ climate initiatives and the ‘hard law’ UNFCCC/Kyoto Protocol process. The methodology of the study is based on participatory observations in the negotiations and document analysis of country and stakeholder positions. The analysis shows that the current multitude of processes in global climate governance entails potential institutional interaction. Deliberations of the key actors give some support to the claims of non-UN soft law being used to exert influence on the negotiations on a future climate regime within the UN context.

Towards Institutional Symbiosis: Business and the United Nations in Environmental Governance

This article analyses the potentially symbiotic role of business and the United Nations (UN) in global environmental governance. Contending that a stronger and more coherent UN in the realm of the environment is in the interest of the business community, we focus on three main issues: what the UN needs to become stronger in environmental affairs; what business could provide on this behalf; and how business could benefit from a strengthened UN. We consider the current structural dilemmas of the UN environmental system, including concerns about institutional multiplicity and how these may affect business engagement. After reflecting on perceived and actual challenges and opportunities for business participation, we conclude with three substantive solutions towards more efficient collaboration. These solutions centre on the continuation of an interactive database begun by the Global Environmental Governance Project, a joint initiative of the Yale Center for Environmental Law and Policy and the College of William and Mary.