Risk and the limits of governance: Exploring varied patterns of risk‐based governance across Europe

Risk‐based approaches to governance are widely promoted as universally applicable foundations for improving the quality, efficiency, and rationality of governance across policy domains. Premised on the idea that governance cannot eliminate all adverse outcomes, these approaches provide a method for establishing priorities and allocating scarce resources, and, in so doing, rationalise the limits of what governance interventions can, and should, achieve. Yet cursory observation suggests that risk‐based approaches have spread unevenly across countries. Based on a comparison of the UK, France, and Germany, this article explores the ways in which, and why, such approaches have “colonised” governance regimes in the UK, but have had much more limited application in France and Germany. We argue that the institutionally patterned adoption of risk‐based governance across these three countries is related to how entrenched governance norms and accountability structures within their national polities handle both the identification and acceptance of adverse governance outcomes.     

The Regulatory Gift: Politics,regulation and governance

This article introduces the “regulatory gift” as a conceptual framework for understanding a particular form of government‐led deregulation that is presented as central to the public interest. Contra to theories of regulatory capture, government corruption, “insider” personal interest, or profit‐seeking theories of regulation, the regulatory gift describes reform that is overtly designed by government to reduce or reorient regulators’ functions to the advantage of the regulated and in line with market objectives on a potentially macro (rather than industry‐specific) scale. As a conceptual framework, the regulatory gift is intended to be applicable across regulated sectors of democratic states and in this article the empirical sections evidence the practice of regulatory gifting in contemporary United Kingdom (UK) politics. Specifically, this article analyses the 2011 UK Public Bodies Act, affecting some 900 regulatory public bodies and its correlative legislation, the 2014 Regulator's Code, the 2015 Deregulation Act, and the 2016 Enterprise Bill. The article concludes that while in some cases the regulatory gift may be aligned with the public interest – delivering on cost reduction, enhancing efficiency, and stimulating innovation – this will not always be the case. As the case study of the regulatory body, the UK Human Fertilisation and Embryology Authority, demonstrates, despite the explicit claims made by legislators, the regulatory gift has the potential to significantly undermine the public interest.     

Freedom,faith, and humanitarian governance: the spatial politics of church asylum in Europe

In the context of increasing numbers of vulnerable migrants in Europe, many churches and other faith-based organizations have provided sanctuary to those at risk of deportation. This paper sheds light on the rationalities and practices of actors such as these, and in what ways their beliefs may be different from liberal norms. Investigating both liberal and faith-based understandings of space, time, and freedom I look at the ways that multiple webs of belief intersect to form new constellations of power in humanitarian governance.     

The rise of the constitutional regulatory state in Colombia: The case of water governance

This article interprets the regulatory state in Colombia as the result of a dialectic process between transnational knowledge and domestic politics, which influence, transform, and inspire each other. Such a process results in an interesting constitutional variant of the regulatory state, in which neo‐constitutionalism becomes a counterbalance to the unchecked expansion of neo‐liberal regulatory practices. I, therefore, distinguish between neoliberal and constitutional regulatory states. As a result of neo‐constitutionalism, the domestic judiciary is empowered, and becomes a crucial actor to understand both the specific traits of this regulatory experience, and its interaction with global centers of power.     

The politics of Artificial Intelligence regulation and governance reform in the European Union

This paper explores political drivers and policy process of the reform of the framework for Artificial Intelligence regulation and governance in the European Union (EU). Since 2017, the EU has been developing an integrated policy to tighten control and to ensure consumer protection and fundamental rights. This policy reform is theoretically interesting, raising the question of which conceptual approaches better explain it, and it is also empirically relevant, addressing the link between risk regulation and digital market integration in Europe. This paper explores the policy reform mainly by using two case study methods—process tracing and congruence procedure—using a variety of primary and secondary sources. It evaluates the analytical leverage of three theoretical frameworks and a set of derived testable hypotheses concerning the co-evolution of global economic competition, institutional structure, and policy preferences of domestic actors in shaping incremental approach to AI regulation in the EU. It is argued that all three are key drivers shaping the reform and explain the various stages of the policymaking process, namely problem definition, agenda-setting, and decision-making, as well as the main features of the outcome.

     

Welfare State Legitimacy: Ranking, Rating, Paying: The Popularity and Support for Norwegian Welfare Programmes in the Mid 1990s

Welfare programmes are targeted at different beneficiaries and grounded on a variety of principles: universalism, means testing, needs testing, targeting, income supplements and income maintenance, to mention some of the most important. The first question asked is: who supports programmes targeted at the different groups? The second question concerns whether the support varies when different techniques are used regarding measuring support for welfare state programmes – those programmes that are recommendable, those people want to spend their tax money on and the programmes where increased spending is followed by acceptance of a tax increase. Basically the results are similar across different measurement techniques. But if an interest group is identifiable – such as parents with young children – there is a distinct tendency for the interested party to be more supportive when money and budget restriction are involved compared with the pure recomendability of the programme. Interested parties also tend to support programmes that they are or will soon be using, most obviously seen in support for day care centres, which are supported largely by families with children below the age of 7 years, and for schools and education, supported largely by families with children above the age of 7 years. Where no distinct interest group – beyond the actual beneficiaries – is identifiable, normative positions such as ideology are the best predictor of support for welfare state programmes.     

Dysfunctional state institutions,trust, and governance in areas of limited statehood

Areas of limited statehood where the state is absent or dysfunctional are rarely ungoverned or ungovernable spaces. The provision of rules and regulations, as well as of public goods and services – governance – does not necessarily depend on the existence of functioning state institutions. How can this be explained? To begin with, we identify functional equivalents to state institutions that fail to govern hierarchically. Moreover, we focus on informal institutions based on trust that are endogenous to areas of limited statehood. Personalized trust among community members enables actors to overcome collective action problems and enhances the legitimacy of governance actors. The main challenge in areas of limited statehood, which are often characterized by social heterogeneity and deep social and cultural cleavages (particularly in post‐conflict societies) is to move to generalized trust beyond the local level and to “imagined communities among strangers,” despite dysfunctional state institutions. We propose two mechanisms: First, the more group‐based identities are constructed in inclusive ways and the more group identities are cross‐cutting and overlapping, the more they lead to and maintain generalized trust. Second, experiences with fair and impartial institutions and governance practices – irrespective of whether state or non‐state – also lead to generalized trust beyond the local level and allow for the upscaling of governance.     

Ideological influences on governance and regulation: The comparative case of supreme courts

A key influence on governance and regulation is the ideology of individual decisionmakers. However, certain branches of government – such as courts – while wielding wide ranging regulatory powers, are expected to do so with no attitudinal influence. We posit a dynamic response model to investigate attitudinal behavior in different national courts. Our ideological scores are estimated based on probability models that formalize the assumption that judicial decisions consist of ideological, strategic, and jurisprudential components. The Dynamic Comparative Attitudinal Measure estimates the attitudinal decisionmaking on the institution as a whole. Additionally, we estimate Ideological Ideal Point Preference for individual justices. Empirical results with original data for political and religious rights rulings in the Supreme Courts of the United States, Canada, India, the Philippines, and Israel corroborate the measures' validity. Future studies can utilize Ideological Ideal Point Preference and the Dynamic Comparative Attitudinal Measure to cover additional courts, legal spheres, and time frames, and to estimate government deference.     

The public sector growth and state autonomy in Western Europe: The changing role and scope of the state in Ireland since 1950

The expansion of the state in advanced industrial societies since 1945 has stimulated studies of the determinants of public sector growth, the nature of state intervention and the capacity for the state to act in a quasi‐autonomous way. The last also provides a means for distinguishing between alternative models of state action. In this article the issues of state expansion and state autonomy are used as the basis for examining the growth of the public sector and shifting activities of the state in Ireland since 1950. It is argued that a state‐centred model best accounts for the behaviour of the Irish state.     

Welfare state structures and the structure of welfare state support: Attitudes towards social spending in Canada, 1993–2000

Abstract.  The comparative welfare state literature contends that different welfare state structures engender different structures of welfare state support. The argument is that social welfare regimes that distribute their benefits selectively tend to produce patterns of support graduated by the likelihood of accessing these selective (or 'targeted') social benefits, especially as indexed by social class. Where benefits are universally distributed, by contrast, support is expected to be more consensual and to cut across class and related cleavages. This article empirically tests this 'interest-based' account and extends it by adding a 'values-based' component. The authors find that the impact of both interests and values – specifically, orientations toward the capitalist system – on welfare state support is conditional on welfare state structures. It is argued that these results help to resolve a paradox in the comparative welfare state literature: strong evidence for differentiation in social welfare support by program type, but weak evidence for differentiation in class effects by program type. Data for the analysis come from the Canadian Election Studies of 1993, 1997 and 2000.     

The regulatory style of environmental governance in China: the case of EIA regulation in Shanghai*

The body of literature that examines how institutional contexts affect environmental governance in advanced industrial countries finds that style of environmental regulation is country‐specific. In the pluralist form of democracy like the United States, environmental policy formulation involves bargaining and compromises among interest groups and regulation enforcement through relatively formal and legalistic means. In the corporatist form of democracy like Sweden and Great Britain, in contrast, environmental policies are more accommodating to divergent societal interests and tend to be less formal in their enforcement. These variations in regulatory style have been attributed to differences in basic constitutional structures, regime types and cultures. How do institutional contexts affect the style of environmental regulation in China, which is both a non‐democratic and developing country? This article examines China's regulatory style by focusing on environmental impact assessment (EIA) regulation in Shanghai. The Shanghai EIA system is analyzed in terms of policy ideology, policy content, regulatory process, public participation and policy consequences. It is shown that China's being a single‐party regime with a ‘rule of persons’ tradition has heavily shaped its environmental governance. Based on Shanghai experience, China's style can be characterized as formal in requirement, agency‐dominated in the regulatory process, legalistic in enforcement, and informal politics as the substance of regulation. Copyright © 2000 John Wiley & Sons, Ltd.     

Belief systems concerning the environment: The general public,attentive publics,and state legislators

This paper examines multiple characteristics of belief systems among people at different levels in the policy process using the same measures in the same time period. More specifically, it analyzes belief systems concerning the environment among the general public, several attentive publics, and state legislators in Idaho. The following belief system characteristics are probed: horizontal constraint among specific issue beliefs, and between general environmental orientations and party and ideology; vertical constraint between the general environmental orientation and specific issue beliefs; and the role of general orientations in screening incoming information. Legislators are more likely to connect their environmental beliefs to partisan and ideological orientations. However, attentive and general public respondents do exhibit substantial constraintwithin the environmental issue domain; individual self-placement on a preservationist-developmentalist dimension appears to provide a cohering force in orientations to the environment. While legislators exhibit greater belief connections with general political orientations, the results also suggest an order in the public's beliefs about the environment and in the nature of conflict over the environment.     

“Embedded regulation:” The migration of objects,scripts, and governance

This paper asks why an officially unregulated market in pharmaceuticals in a least developed country, Djibouti, behaves as if it were strictly regulated, with limited access to a small number of high‐cost drugs. We use Actor‐Network Theory (ANT) to show that the explanation is more complex than critics of the international pharmaceutical industry have supposed. Regulation and property rights generated in developed countries have become embedded in the drugs and “black boxed” to the point of invisibility. This has allowed them to travel to Djibouti with the drugs, while maintaining their effects in action. This case study develops our understanding of the way in which materials that are not designated as regulatory agents may still have regulatory impacts through their ability to enrol complex networks of actors, rules, values, and practices. Finally, it argues against the notion of law as a fixed and distinctive space for action, as opposed to the ANT vision of a fluid and contingent order, where law is part of a socio‐technico‐legal alliance that happens to achieve certain effects.     

Power transitions and the rise of the regulatory state: Global market governance in flux

This special issue examines the consequences of the ongoing power transition in the world economy for global regulatory regimes, especially the variation in rising powers' transition from rule-takers to rule-makers in global markets. This introductory article presents the analytical framework for better understanding those consequences, the Power Transition Theory of Global Economic Governance (PTT-GEG), which extends the scope of traditional power transition theory to conflict and cooperation in the international political economy and global regulatory governance. PTT-GEG emphasizes variation in the institutional strength of the regulatory state as the key conduit through which the growing market size of the emergent economies gives their governments leverage in global regulatory regimes. Whether or not a particular rising power, for a particular regulatory issue, invests its resources in building a strong regulatory state, however, is a political choice, requiring an analysis of the interplay of domestic and international politics that fuels or inhibits the creation of regulatory capacity and capability. PTT-GEG further emphasizes variation in the extent to which rising powers' substantive, policy-specific preferences diverge from the established powers' preferences as enshrined in the regulatory status quo. Divergence should not be assumed as given. Distinct combinations of these two variables yield, for each regulatory regime, distinct theoretical expectations about how the power transition in the world economy will affect global economic governance, helping us identify the conditions under which rule-takers will become regime-transforming rule-makers, regime-undermining rule-breakers, resentful rule-fakers, or regime-strengthening rule-promoters, as well as the conditions under which they remain weakly regime-supporting rule-takers.     

Politics of private regulation: ISEAL and the shaping of transnational sustainability governance

Scholars describe the proliferation of sustainability standards by multi‐stakeholder initiatives as part of an organizational field for sustainability. The aim of this article is to gain a better understanding of the institutionalization process of this global organizational field by focusing on the case of the ISEAL Alliance (the global association for sustainability standards). We show how ISEAL puts specific strategies into place to both reinforce and expand the role and influence of sustainability standards. This institutional entrepreneurship consists primarily of two dimensions: institutionalizing macro‐standards based on a market‐driven and procedural vision of sustainability; and simultaneously legitimating both the tools and ISEAL through internal and external enrolments and entanglements. The characterization of ISEAL's activities in this way brings politics back into the analysis of sustainability standard‐related technical debates and extends our understanding of how the micro‐dynamics within organizational fields are interdependent upon macro‐dynamics outside organizational fields.     

Market making via regulation: The role of the state in carbon markets

Proponents as well as critics of carbon trading underestimate the institutional and political underpinnings of evolving carbon markets. Based on institutionalist approaches, this paper argues that the strong embeddedness of carbon markets explains why certain characteristics (positive and negative) materialize. Focusing on the actors who initiate and who influence carbon markets, this article also shows that currently only states and intergovernmental agreements provide the necessary regulation for carbon markets to exist and to work. Today, neither market actors nor NGOs nor public private partnerships have the political power to set up, regulate or capture evolving market structures. Thus, whether or not market‐based instruments bring about the desired results depends on good public regulation, which is – at least up to now – represented by the state. Four instances of the commodification of carbon serve as illustrations: the European Union Emission Trading System (EU ETS); the Clean Development Mechanism (CDM); the voluntary market; and new sectoral approaches, particularly Reducing Emissions from Deforestation and Degradation (REDD+).     

Disentangling governance: a synoptic view of regulation by government, business and civil society

Governance became a catch-all concept for various forms of steering by state and non-state actors. While it pays tribute to the complexities of steering in poly-centred, globalised societies, its fuzziness makes it difficult to oversee who actually steers whom and with what means. By focussing mainly on actor constellations, the article disentangles governance into seven basic types of regulation, four of them representing public policies with varying degrees of government involvement and three depending solely on civil society (civil regulation), on businesses (industry or business self-regulation) or on both (civil co-regulation). Although each of the seven types is well known and extensively researched, they are rarely joined in a synoptic view, making it difficult to grasp the totality of contemporary governance. After introducing the seven basic types of regulation and co-regulation, the article addresses the interactions between them and it adds the widely used concepts of hybrid regulation and meta-governance in distinct ways. The synoptic view provided here helps to comprehend how governmental deregulation has been accompanied by soft governmental regulation as well as “societal re-regulation”. The concluding discussion emphasises that this “regulatory reconfiguration” is the cumulative product of countless, more or less spontaneous initiatives that coincide with forceful global trends. It also stresses that the various forms of regulation by civil society and business actors are not simply alternatives or complements to but often key prerequisites for effective public policies. Although the essentials of the typology developed here can be applied universally to a variety of policy issues, I focus it on how businesses are steered towards sustainable development and Corporate Social Responsibility.