Governing complex societal problems: The impact of private on public regulation through technological change

When addressing complex societal problems, public regulation is increasingly complemented by private regulation. Extant literature has provided valuable insights into the effectiveness of such complex governance structures, with most empirical studies focusing on how public regulation influences private regulation. Conversely, the impact of private on public regulation is less well studied. Here, we investigate this impact with a focus on technological change as possible mechanism. Based on a case study of energy efficiency in buildings in Switzerland, we find evidence of a symbiotic interaction between public and private regulation that leads to ratcheting-up of regulatory stringency. We identify technological change as the mechanism linking private and public regulation. We discuss the relevance of our findings for governance literature and regulators.     

Majority shareholder protection by variable qualified majority rules

In this paper, we analyze judicial review according to the German Stock Corporation Act (Aktiengesetz, §§ 243 et seqq.) and its blocking effect with the help of concepts of cooperative game theory. In particular, we suggest variable qualified majority rules as ingredients of arrangements which balance the interests of a majority shareholder and of the minority shareholders.

Democratic legitimacy in regional economic organizations: the European Union in comparative perspective

Regional organizations have been widely criticized for lacking democratic legitimacy, but these criticisms have been rather ad hoc, concerned with single case studies and reliant on unclear standards or metrics. Are all organizations similarly deficient? And how does the European Union (EU), the target par excellence of the criticisms, fare in comparative perspective? In this paper, we take a first step towards answering these questions by leveraging the rich debate on the EU to identify several institutional dimensions of democratic legitimacy and operationalizing them for comparative analysis. We then investigate the most important regional economic organizations (REOs) in the world. Our findings are three-fold: (i) there is systematic variation across REOs, with a group doing rather well, one mixed, and one poorly; (ii) procedural dimensions fare better than those related to representation or local self-determination; (iii) no organization exhibits or lacks legitimacy in all dimensions. These results qualify the perception that democratic legitimacy deficits are indiscriminately pervasive and indicate that the EU belongs to the most democratically legitimate group.     

Russia's Foreign Policy Towards North Africa in the Wake of the Arab Spring

Since coming to power in 2000, Russian president Vladimir Putin has tried to construct a narrative of regaining Russia's status as a major global power. However, in practice the Kremlin has yet to create a coherent strategy or achieve a sense of a co-ordinated foreign policy. While North Africa has not been at the forefront of this narrative, recently Moscow has intensified its diplomatic links and cooperation with the regimes in the region. The Arab Spring presented Russian policy makers with a series of challenges regarding the uncertainty of the developments in the region, but also with renewed economic opportunities. This profile analyses Moscow's relationships with the countries in North Africa (Libya, Egypt, Morocco, Tunisia and Algeria) in the wake of the Arab Spring. In each case the Kremlin aimed to take advantage of the new opportunities without really being guided by an overarching strategy for the region. However, Russia increasingly seems to be keen to position itself in the region as an alternative to the EU or the US, not least in light of the current war in Ukraine.     

Negotiating sustainable trade: explaining the difference in social standards in US and EU preferential trade agreements

Since the early 2000s, both US and EU Preferential Trade Agreements (PTAs) include social standards that aim to protect workers and the environment. However, the US and the EU have chosen fundamental different approaches for the enforcement of these clauses. While the US pursues a sanction-based approach, the EU solely relies on dialogue and cooperation mechanisms. Hence, to the surprise of many, social standards in U.S PTAs appear to be stricter than the ones in EU PTAs. Why do the two biggest trade powers of the world handle social clauses in PTAs so differently? In this paper, I argue that disparities in domestic politics account for their different strategies towards social standards. Drawing on the principal-agent literature, the paper analyses the PTA negotiations of the US and the EU with Peru and Colombia.     

Referendums in the EU’s constitution building process

In ten member states of the European Union (EU) the new constitutional treaty was supposed to be ratified by referendum. A growing number of theoretical models predicts that such additional ratification hurdles result in an advantage for negotiators in the bargaining game. The impact such a referendum constraint can exert, however, depends on the timing of its announcement, the remaining ratification rules as well as the preference constellations. If parliament and voters are actually in favor of the new treaty, ratification constraints may cease to affect the bargaining outcome. After presenting the theoretical foundation of these arguments, we present empirical evidence much in line with the theoretical implications. More specifically, especially for the issues changed during the intergovernmental conference, those governments gained that had scheduled a referendum and voters had a stronger preference for the status quo.

Habitatschutz in der Raumordnung

Zusammenfassung  Die raumordnerische Planung hat in den letzten Jahren an Bedeutung gewonnen. Vor allem gro?e oder politisch umstrittene Infrastrukturvorhaben erfahren immer h?ufiger eine Vorbereitung durch die Regional- oder Landesentwicklungsplanung. Aber auch die Ansiedlung gro?fl?chigen Einzelhandels sowie die Errichtung von Windenergieparks werden zunehmend raumordnungsrechtlich gesteuert. In dem Ma?e, wie dabei die Zielfestlegungen der raumordnerischen Pl?ne sachlich und r?umlich konkreter werden, geraten notwendig auch Belange des Habitatschutzes in den Blick. Die Bedeutung der habitatschutzrechtlichen Regelungen auf der Ebene der Raumordnung ist aber noch nicht hinreichend gekl?rt. Der vorliegende Aufsatz versucht, Anhaltspunkte für den Stellenwert und die Prüfdichte des Habitatschutzes in der Raumordnung zu entwickeln.     

Justice as solidarity: A study of the political socialization of adolescents from East and West Germany within the theoretical framework of Durkheim's sociology of morality

The contemporary transformations in western societies confront us with a problem already stated by Durkheim a century ago: What enables members of society to practice social solidarity while becoming increasingly more individualistic? This question is analyzed in view of the political socialization of adolescents and its developmental implications. In line with the Durkheimian tradition in developmental psychology established by Piaget and elaborated by Kohlberg, it is claimed that the development of moral autonomy gives rise to a justice-related sense of responsibility that may foster bonds of solidarity within society. This developmental model was tested against the impact of socialization variables in a sample of East and West Germany adolescents, aged 15 and 18 (N=348). Analyses of the data revealed a substantial relationship between the development of moral autonomy and the readiness to take responsibility for others in response to justice concerns. The impact of the development of moral autonomy on the formation of a justice-related sense of responsibility depended only minimally on background indicators of political socialization in adolescence (e.g., East or West German origin, the socioeconomic status of parents). In the context of current social conditions a developmental approach to political socialization appears crucial to explain the emergence of justice concerns giving rise to solidarity.