Transparency in transnational governance: The determinants of information disclosure of voluntary sustainability programs

The rise of “new” transnational governance has intensified debates about a lack of accountability in global politics. Reviewing the mechanisms through which transparency can foster accountability beyond the state, this article explores the determinants of information disclosure in the field of transnational sustainability governance. Examining the institutional design of 113 voluntary sustainability programs, we find a positive correlation between the involvement of public actors and information disclosure. In contrast, the role of civil society is more ambiguous. There is no statistical support for arguments linking non‐governmental organization participation to increased transparency. At the same time, our analysis reveals a robust correlation between civil society‐led metagovernance and information disclosure. Moreover, we find that crowding has a negative effect on transparency, whereas normative peer pressures have no influence. At a broader level, the analysis reveals a lack of “deep transparency” among transnational sustainability governors. This limits the scope for transparency‐induced accountability in this policy domain.     

Regulatory capabilities: A normative framework for assessing the distributional effects of regulation

This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of enabling conditions for regulatory self‐determination. This is particularly important in the transnational context where private, hybrid public–private, and public actors compete for influence, shape domestic regulation, and, in doing so, limit the scope for democratic self‐governance. In short, this paper seeks to contribute to the general debate on the normative foundations of and the requisite conditions for transnational regulation and governance.     

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.     

Big audit firms as regulatory intermediaries in transnational labor governance

Due diligence and corporate disclosure initiatives effectively expand the role of professional service firms as regulatory intermediaries in the governance of conditions of production in global supply chains. In this paper, we examine the rise of the “Big Four” audit firms in the market for services connected to transnational labor governance. Through a qualitative case study of audit firms in modern slavery governance, we argue that the Big Four's political repertoire for transnational labor governance expands beyond the roles that are typically linked to their services, and promotes an agenda that touches on key debates on what constitutes proper transnational labor governance. Big audit firms engage in a variety of informal and covert influencing practices and are shown to promote an agenda of incrementalist soft‐law labor governance, opposing concrete performance targets, binding public regulation and an independent watchdog role for civil society.     

Private regulation and global economic change: The drivers of sustainable agriculture in Brazil

What determines the uptake of private sustainability regulation in developing countries? Existing studies point to the local context as the key explanatory factor. In particular, they identify local program characteristics, industry structures, and the regulatory environment as variables influencing program uptake at the point of production. However, examining two very similar certification programs in Brazil's soy and sugarcane industries, this article finds that local conditions fail to account for the observed patterns. A “local explanation” would have predicted similar levels of industry uptake in the two sectors. Conversely, it is found that Brazil's soy producers first backed but then opposed private sustainability regulation, whereas in the sugarcane sector the dynamic was exactly the opposite. Through an in‐depth analysis and cross‐case comparison this article reveals how changing transnational conditions were decisive in shaping these outcomes. Specifically, shifting end markets exposed the two sectors to different economic and regulatory pressures.     

Toward “hardened” accountability? Analyzing the European Union's hybrid transnational governance in timber and biofuel supply chains

The voluntary/mandatory divide is a constant feature of scholarly debates on corporate accountability for sustainability in global supply chains. A widely held assumption is that the addition of state authority to private transnational governance in global supply chains will “harden” accountability and, thus, promote more sustainable production. The state's ability to set legally binding requirements is expected to coerce companies into complying. The hybridization of private and state authority is seen to strengthen good practice in private authority. This empirical study questions these assumptions based on an analysis of two hybrid governance arrangements for sustainability in global supply chains: the EU's Timber Regulation (EUTR) and Renewable Energy Directive (RED). The results demonstrate that both EUTR and EU-RED yield sector wide efforts of compliance and to this extent can be seen as enhancing accountability in the sense of answerability. At the same time, we find that the policies in both cases are not more demanding, nor enforced strictly, the latter putting into question their potential to coerce companies. Further, a “hardening” of accountability is at least obscured as both EUTR and EU-RED have stripped private authority they employ in their hybrid transnational governance from the need to establish legitimacy with a broader audience. This makes legal compliance and cost-effectiveness the core factor for companies’ efforts to demonstrate compliance. Our findings hence question whether the EUTR and EU-RED have led to “hardened” accountability compared to private transnational governance, and ask for an empirical, more nuanced understanding of what there is to gain or lose from hybridizing private and state authority in transnational governance.     

Transnational private governance between the logics of empowerment and control

Transnational private governance initiatives that address problems of social and environmental concern now pervade many sectors. In tackling distinct substantive problems, these programs have, however, prioritized different problem‐oriented logics in their institutionalized rules and procedures. One is a “logic of control” that focuses on ameliorating environmental and social externalities by establishing strict and enforceable rules; another is a “logic of empowerment” that concentrates on remedying the exclusion of marginalized actors in the global economy. Examining certification programs in the areas of fair trade, organic agriculture, fisheries, and forest management, we assess the evolutionary effects of programs prioritizing one logic and then having to accommodate the other. The challenges programs face when balancing between the two logics, we argue, elucidate specific distributional consequences for wealth, power, and regulatory capabilities that private governance programs seek to overcome.     

The instrumental power of transnational private governance: Interest representation and lobbying by private rule‐makers

While scholars have researched transnational private governance for over two decades, we still know little about some of the specific political activities in which private rulemaking schemes engage. This article addresses this topic by bringing together hitherto separate literatures on private governance and interest groups. I argue that examining private governance's instrumental power, and interest representation and lobbying specifically, complements the literature's dominant focus on the structural and discursive power of private governance. The article makes three contributions. First, it conceptualizes private governance schemes as interest organizations by analyzing similarities and differences with traditional interest groups. Second, the article examines instrumental power empirically by assessing the participation of 48 transnational private governance schemes in the European Union's lobby register and variation among private governance schemes in this respect. Finally, the article contributes to developing a new research agenda to continue bridging the gap between the private governance and interest group literatures.     

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.     

Production goes global,compliance stays local: Private regulation in the global electronics industry

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.     

Global nanotechnology regulatory governance from a network analysis perspective

Over the last decade, there has been a proliferation of nanotechnology regulatory initiatives, developed to ensure the responsible development of nanotechnology applications. This article examines the emergence and diffusion of environmental, health and safety (EHS) policies dealing with nanotechnology. Drawing on a citation network analysis of global nanotechnology regulatory governance, the article analyzes the role of key organizations at multiple levels and their interplay in initiating and diffusing occupational safety and health policies. It shows that private international standard‐setting organizations become “centers of information,” which play a strategic role as intermediaries that diffuse national policies globally. Through this process, these centers help to shape supranational policies. Such an understanding of the role of international private standard‐setting organizations sheds new light on the current debate over the privatization and internationalization of EHS governance.     

Out of tune or well tempered? How competition agencies direct the orchestrating state

This article analyzes the impact competition agencies have on the orchestrating role of states in domestic private regulation. I argue that these agencies can significantly affect interactions in the governance triangle through the way they apply a “logic of the market” to evaluate agreements between firms. The regulatory framework of European Union competition law has increasingly constrained the ability of firms to take into account broader interests when making agreements to foster social objectives. This logic of the market clashes with the ever‐increasing emphasis governments place on enabling firms to enter into such agreements. I analyze this tension through a case study of a pact of Dutch retailers to collectively introduce higher animal welfare standards for poultry. Using regulatory network analysis I trace the governance interactions between the governance triangle on the one hand (government, non‐governmental organizations, and firms), and the Dutch competition authority, Autoriteit Consument en Markt (ACM) and the European Commission on the other hand. Attempts by the Dutch government to instruct the ACM to be more lenient toward private regulation were blocked twice by the European Commission. As a result, the Dutch government abandoned private regulation as the preferred mode and proposed a bottom‐up process that would generate public regulation as a way to avoid conflict with competition policy. I argue that paradoxically enough the intervention of these non‐majoritarian competition agencies against the “will” of the governance triangle has potentially increased the effectiveness and legitimacy of orchestration processes.     

Local Renewable Energy Initiatives in Germany and Japan in a Changing National Policy Environment

Our article explores the contribution of local initiatives to the creation of path dependencies for energy transition in Germany and Japan in the face of resistance from entrenched incumbents at the national level. We use a process‐tracing methodology based partly on interviews with local participants. In particular, we explore the role of local initiatives in securing “socio‐political space” for the expansion of renewable energy (RE) and in embedding themselves in “ecosystems” of public and private institutions. German energy activists were more successful than their Japanese counterparts in expanding this space and creating positive feedback in part because they were able to build horizontal networks that anchored the energy transition firmly in local communities. Although problems with grid technology have led to retrenchment in both cases, Japanese activists' reliance on vertical networks has limited their ability to weather a backlash from national government and utility actors. Our study demonstrates the interaction of political, economic/technological, and legitimation paths to energy transition and highlights the importance of the latter two.     

Globalization and Governance Capacity: Explaining Divergence in National Forest Programs as Instances of “Next‐Generation” Regulation in Canada and Europe

New policy initiatives are increasingly embedded in novel governance strategies. These new modes of governance differ from existing policy mixes in that they are specifically designed to reduce the number of instances of counterproductive policy instrument use; to function effectively and meet public policy goals in an era of decreased national state capacity and autonomy; and rely much more heavily than existing instrument mixes have done on the involvement of private actors in both policy formulation and implementation. These instances of contemporary policy design require careful analysis in order to understand where and when such designs may be adopted and, more importantly, prove effective. This article examines efforts made in Europe and Canada to develop “next‐generation” forest policy strategies and finds considerable divergence in the new regulatory processes put into place in different countries. Following Knill and Lehmkuhl, this divergence is attributed to changing patterns of domestic actor capacities in the face of weak international regimes.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

Gaining and seeking access: The European adaptation of domestic interest associations

Abstract. The multilevel governance literature on European politics argues that supranational governing arrangements have increased their autonomy vis–à–vis national governments. As private interests increasingly bypass national levels and become active in transnational Euro–level policy networks, national governments are no longer the sole interface between supranational and national levels. In contrast, the European Union might also be conceptualised as a two–level interstate negotiation system, an approach assuming that interests are formed and aggregated at the national level. Societal interests enter the fray of European negotiations via national executives, and private interests bypassing the national level are considered as a rather marginal, even irrelevant, phenomenon. In addition, both accounts expect different outcomes regarding which sorts of private interests – diffuse or specific – seek and gain access to both domestic and European public actors. By analysing the varying network strategies of domestic private actors, in particular interest associations, this article explores some propositions held by these two approaches. After a more comprehensive outline of some hypotheses, evidence collected among public and private actors at both the domestic (Belgian) and European levels will be analysed. In general, the results suggest that Euro–level networks of domestic interests are substantially related to their structural location within the domestic realm, that network strategies tend to be quite bureaucratic and that the sort of interest represented – diffuse or specific – has a considerable effect on gaining and seeking access.     

The Institutionalization of Private Governance: How Business and Nonprofit Organizations Agree on Transnational Rules

This article assesses the recent trend of cooperation among antagonistic private actors that results in the creation and implementation of issue-specific transnational norms and rules and the subsequent shift from public to private forms of governance. Many political scientists agree that authority also exists outside of formal political structures. Private actors increasingly begin to make their own rules and standards that acquire authority beyond the international system. This observation is often referred to as private transnational governance as opposed to public or international governance. Although the concept of private governance gains prominence in academic debates, it is not clear how private governance on the global scale is constructed and maintained or what specific or general conditions are necessary for private governance to emerge. Based on the review of common theoretical propositions, this article develops an integrated model along which the necessary conditions for the emergence of private governance can be assessed and understood. As most research has hitherto focused on institutionalized cooperation between business actors (self-regulation), this article takes a closer look at those transnational systems of rule that result out of the enhanced cooperation between profit and nonprofit actors (coregulation).     

Regulating the Internet infrastructure: A comparative appraisal of the legitimacy of ICANN,ITU, and the WSIS

How to generate legitimate forms of governance beyond the nation state is often considered a central question in contemporary world politics. To proceed in theory‐building, scholars need to systematically assign the theory‐driven assumptions on legitimate forms of governance beyond the nation state with the various, already observable, forms of global governance. This article aims to conduct a comparative appraisal of the legitimatory quality of different patterns of governance by applying a framework of indicators for their assessment. The indicators are selected from the scholarly debate within International Relations on the legitimacy of global governance arrangements and structured by a multidimensional concept of legitimacy (input, throughput, and output dimensions). This framework is then applied to international, transnational, and private forms of global governance in the field of Internet regulation in order to show how each of them tries to produce and maintain legitimacy, which strategies it applies, and in how it interacts with its stakeholders.     

Deliberative Politik in transnationalen Räumen — Legitimation und Effektivität in der grenzüberschreitenden Umweltpolitik zwischen Kanada und USA

The article addresses new, horizontal and dialogue-oriented forms of political governance in transnational spaces. A normative-analytical model of deliberative governance will be developed to appraise the democratic potential of transnational structures and actions. The research is guided by the observation that the North American Great Lakes Regime reveals a high democratic-deliberative quality whereas international governance rather tends to de-democratization. This raises a challenging research question: To what extent does the deliberative governance of the Great Lakes Regime provide a model case, which allows drawing conclusions on institutional prerequisites and means how to “democratize” governance in similar issue areas.     

Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation

This paper examines to what extent the background presence of state regulatory capacity – at times referred to as the “regulatory gorilla in the closet” – is a necessary precondition for the effective enforcement of transnational private regulation. By drawing on regulatory regimes in the areas of advertising and food safety, it identifies conditions under which (the potential of) public regulatory intervention can bolster the capacity of private actors to enforce transnational private regulation. These involve the overlap between norms, objectives, and interests of public and private regulation; the institutional design of regulatory enforcement; compliance with due process standards; and information management and data sharing. The paper argues that while public intervention remains important for the effective enforcement of transnational private regulation, governmental actors – both national and international – should create the necessary preconditions to strengthen private regulatory enforcement, as it can also enhance their own regulatory capacity, in particular, in transnational contexts.