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Constructing Private Governance by Graeme Auld Pdf
Recent decades have witnessed the rise of social and environmental certification programs that are intended to promote responsible business practices. Consumers now encounter organic or fair-trade labels on a variety of products, implying such desirable benefits as improved environmental conditions or more equitable market transactions. But what do we know about the origins and development of the organizations behind these labels? This book examines forest, coffee, and fishery certification programs to reveal how the early decisions of programs on governance and standards affect the path along which individual programs evolve and the variety and number of programs across sectors.
Constructing Private Governance by Graeme Auld Pdf
Recent decades have witnessed the rise of social and environmental certification programs that are intended to promote responsible business practices. Consumers now encounter organic or fair-trade labels on a variety of products, implying such desirable benefits as improved environmental conditions or more equitable market transactions. But what do we know about the origins and development of the organizations behind these labels? This book examines forest, coffee, and fishery certification programs to reveal how the early decisions of programs on governance and standards affect the path along which individual programs evolve and the variety and number of programs across sectors.
From the world's first stock markets in the seventeenth century, to private policing in the early days of San Francisco, to the millions of credit card transactions and the complex financial markets governed by private rules today, 'Private Governance' makes the case that private rules and regulations are more common, effective, and promising than most of us believe. Analytical narratives weave together history and economics to show readers how private governance works.
The Politics of Private Transnational Governance by Contract by A. Claire Cutler,Thomas Dietz Pdf
This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.
Private Governance and Public Authority by Stefan Renckens Pdf
At a time of significant concern about the sustainability of the global economy, businesses are eager to display responsible corporate practices. While rulemaking for these practices was once the prerogative of states, businesses and civil society actors are increasingly engaged in creating private rulemaking instruments, such as eco-labeling and certification schemes, to govern corporate behavior. When does a public authority intervene in such private governance and reassert the primacy of public policy? Renckens develops a new theory of public-private regulatory interactions and argues that when and how a public authority intervenes in private governance depends on the economic benefits to domestic producers that such intervention generates and the degree of fragmentation of private governance schemes. Drawing on European Union policymaking on organic agriculture, biofuels, fisheries, and fair trade, he exposes the political-economic conflicts between private and public rule makers and the strategic nature of regulating sustainability in a global economy.
Speaking Private Authority by Roberto J. Flores Pdf
Speaking Private Authority: The Construction of Sustainability in Forests and Fisheries expands upon current understandings of the emergent global phenomenon that is private authority. As private authority is becoming increasingly important in the conduct of global governance, broadening our collective understanding of it will prove beneficial. Roberto J. Flores argues that private actors are not simply outgrowths of existent social structures or material conditions, rather they are purposive agents strategically pursuing an agenda. Therefore, explaining private authority requires an examination of the constitutive elements that underlie this social phenomenon––to which the author applies an analytical framework that combines social network theory with discourse analysis. The author applies these tools to two cases taken from the environmental sector––forests and fisheries—and finds that as environmental politics takes on an increasingly networked character the actors that are best able to generate and wield private authority are those that strategically place themselves in-between networks through the construction of discursive nodal points around which competing actors are forced to converge—at the level of identity. The case studies specifically look at how particular actors leveraged construction of the sustainable development concept in order to strategically place themselves in advantageous positions for exercising private authority.
The Constitution of Private Governance by Harm Schepel Pdf
In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.
Governing Through Markets by Benjamin William Cashore,Graeme Auld,Deanna Newsom Pdf
In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defence of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager's view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruit of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
Making European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
Private Institutions and Global Governance by Philipp H. Pattberg Pdf
This book analyses the recent emergence of transnational forms of environmental regulation within the larger conceptual context of global governance research and institutional theory. Increasingly, private policies at the transnational level complement, and in some cases even replace, public interventions. The author takes a deep and broad look at the phenomenon to account for both the emergence and the influence of private institutions in global governance and sustainability. Focusing on the empirical arenas of sustainable forestry and corporate environmental reporting and management, Philipp Pattberg examines why and how private forms of policy-making emerge at the transnational level and how their impacts can be analysed. The study makes a threefold contribution to current debates; firstly, it provides a novel theoretical perspective on the phenomenon of private governance in global sustainability politics. Secondly, it offers a fresh conceptualisation of global governance as a meta-theory in the social sciences. And finally, it provides detailed insights into the empirical landscape of private governance in the areas of global forestry and corporate environmental reporting. This book bridges disciplinary boundaries by providing a detailed account of recent developments in global business regulation as an important aspect of the current sustainability debate. As such it will appeal to a wide audience of both academics and researchers in the fields of environmental policy, public sector economics, international relations and global environmental and sustainability politics in particular. It will also be of interest to practitioners involved in private rule-making and sustainable development.
Global Environmental Governance and the Accountability Trap by Susan Park,Teresa Kramarz Pdf
An examination of whether accountability mechanisms in global environmental governance that focus on monitoring and enforcement necessarily lead to better governance and better environmental outcomes. The rapid development of global environmental governance has been accompanied by questions of accountability. Efforts to address what has been called “a culture of unaccountability” include greater transparency, public justification for governance decisions, and the establishment of monitoring and enforcement procedures. And yet, as this volume shows, these can lead to an “accountability trap”—a focus on accountability measures rather than improved environmental outcomes. Through analyses and case studies, the contributors consider how accountability is being used within global environmental governance and if the proliferation of accountability tools enables governance to better address global environmental deterioration. Examining public, private, voluntary, and hybrid types of global environmental governance, the volume shows that the different governance goals of the various actors shape the accompanying accountability processes. These goals—from serving constituents to reaping economic benefits—determine to whom and for what the actors must account. After laying out a theoretical framework for its analyses, the book addresses governance in the key areas of climate change, biodiversity, fisheries, and trade and global value chains. The contributors find that normative biases shape accountability processes, and they explore the potential of feedback mechanisms between institutions and accountability rules for enabling better governance and better environmental outcomes. Contributors Graeme Auld, Harro van Asselt, Cristina Balboa, Lieke Brouwer, Lorraine Elliott, Lars H. Gulbrandsen, Aarti Gupta, Teresa Kramarz, Susan Park, Philipp Pattberg, William H. Schaedla, Hamish van der Ven, Oscar Widerberg
Encyclopedia of Public Administration and Public Policy - 5 Volume Set by Domonic A. Bearfield,Evan M Berman,Melvin J. Dubnick Pdf
Now in its third edition, Encyclopedia of Public Administration and Public Policy remains the definitive source for article-length presentations spanning the fields of public administration and public policy. It includes entries for: Budgeting Bureaucracy Conflict resolution Countries and regions Court administration Gender issues Health care Human resource management Law Local government Methods Organization Performance Policy areas Policy-making process Procurement State government Theories This revamped five-volume edition is a reconceptualization of the first edition by Jack Rabin. It incorporates over 225 new entries and over 100 revisions, including a range of contributions and updates from the renowned academic and practitioner leaders of today as well as the next generation of top scholars. The entries address topics in clear and coherent language and include references to additional sources for further study.
Envisioning Our Environmental Future by B.H. Desai Pdf
With the Stockholm+50 Conference, held on 2-3 June 2022, the global movement to protect the environment has reached a 50 year milestone. The first UN Conference on the Human Environment, also held in Stockholm, from 5-16 June 1972, proved to be the watershed in addressing this problem, and as the world assembles once more in the Swedish capital it is time to think aloud and look ahead. In his address in 1972, the then Swedish Prime Minister Olof Palme said: “The decisive question is in which direction we will develop ... there is no individual future, neither for people nor for nations.” The only other head of government to attend in 1972, Indian Prime Minister Indira Gandhi, highlighted the development as “one of the primary means of improving the environment of living, of providing food, water, sanitation and shelter, of making the deserts green and mountains habitable” and drew attention to the wisdom of the Atharva Veda: “What of thee I dig out; Let that quickly grow over; Let me not hit thy vitals or thy heart." As we look back over 50 years, we need to assess what has gone wrong in the trajectory travelled so far and look ahead to the future of our environment at this juncture and beyond. As a scholarly journal for global decision-makers, Environmental Policy and Law has sought to envision what lies ahead in the 21st century by inviting outstanding scholarly works from around the world. The 22 articles which resulted from this invitation are presented in this book, Envisioning Our Environmental Future, which is organised in three parts: Testing Times; Global Ideas; and Sectoral Ideas. The book is a sequel to Our Earth Matters (IOS Press), which was published on 5 June 2021. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law at the Centre for International Legal Studies, School of International Studies of Jawaharlal Nehru University, New Delhi. He is Editor-in-Chief of the global journals Environmental Policy and Law (Amsterdam: IOS Press) and Yearbook of International Environmental Law (Oxford: Oxford University Press). Prof. Desai’s ideas and proposals are reflected in his published books and in journals of international repute.
Power, Participation, and Private Regulatory Initiatives by Daniel Brinks,Julia Dehm,Karen Engle,Kate Taylor Pdf
This volume brings together academics and practitioners from around the world to engage in theoretical analysis, case study exploration, and reflection on a variety of private regulatory initiatives (PRIs) that may certify that actors along the global supply chain conform to certain codes of conduct.