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1
Hancic, Maja Turnšek. "No Synonyms: Global Governance and the Transnational Public." Croatian International Relations Review 19, no. 69 (December 1, 2013): 5–31. http://dx.doi.org/10.2478/cirr-2014-0001.
Повний текст джерелаАнотація:
Abstract Building on the classical literature of the public, the article critically analyses the current literature on global governance. After briefly presenting the classical understanding of the public the author goes on to argue that in global governance the effectiveness of collective problem-solving is seen as a compensation for its lack of inclusiveness which in turn makes it impossible to equate global governance with (transnational) public. The author criticizes the substitution of the term “the public” by “stakeholders” since the notion of stakeholders allows for economically powerful voices to intervene in public decision-making processes. The article furthermore criticizes ideas on global governance as “strong publics” on the basis that even if the decision-making seen in global governance was to follow the ideal of rational deliberation, this would not make it equal to the transnational publics, since the deliberations of transnational “strong publics” are per definition exclusive in nature.
2
Andonova, Liliana B., Michele M. Betsill, and Harriet Bulkeley. "Transnational Climate Governance." Global Environmental Politics 9, no. 2 (May 2009): 52–73. http://dx.doi.org/10.1162/glep.2009.9.2.52.
Повний текст джерелаАнотація:
In this article we examine the emergence and implications of transnational climate-change governance. We argue that although the study of transnational relations has recently been renewed alongside a burgeoning interest in issues of global governance, the nature of transnational governance has to date received less attention. We contend that transnational governance occurs when networks operating in the transnational political sphere authoritatively steer constituents toward public goals. In order to stimulate a more systematic study of the diversity and significance of this phenomenon, the article develops a typology based on the actors involved and their authority—public, private, or hybrid—and the primary governance functions performed in order to steer network constituents—information-sharing, capacity building and implementation, or rule-setting. A comparative discussion of transnational governance networks for climate change illustrates each category and the value of the typology in assessing the multiple mechanisms through which transnational governance occurs. In conclusion, we suggest that our typology provides a useful starting point for future research and reflect on the implications for the study of global affairs.
3
Whytock, Christopher A. "Private-Public Interaction in Global Governance: The Case of Transnational Commercial Arbitration." Business and Politics 12, no. 3 (October 2010): 1–27. http://dx.doi.org/10.2202/1469-3569.1324.
Повний текст джерелаАнотація:
Scholars of international relations and global governance are increasingly interested in the transnational commercial arbitration system. So far, they have tended to characterize the system as a form of private global governance. However, using a combination of empirical and legal analysis, this article draws attention to the critical role of the state in the transnational commercial arbitration system, and shows that both rule-making and enforcement in the system depend largely on interactions between private and public actors. By treating arbitration as a form of private governance, scholars run the risk of obscuring these interactions and hindering their understanding of how transnational economic activity is governed. This article therefore argues for a modest reorientation of global governance scholarship on transnational commercial arbitration in a direction that focuses more closely on private-public interaction. More broadly, this article suggests that understanding interactions between private and public actors is a key to understanding global governance in general, and it raises doubts about the analytical desirability of a sharp distinction between private and public forms of global governance.
4
Nanz, Patrizia, and Jens Steffek. "Global Governance, Participation and the Public Sphere." Government and Opposition 39, no. 2 (2004): 314–35. http://dx.doi.org/10.1111/j.1477-7053.2004.00125.x.
Повний текст джерелаАнотація:
AbstractWe argue that the democratization of global governance will ultimately depend upon the creation of an appropriate public sphere that connects decision-making processes with transnational constituency. The emergence of such a public sphere would require more transparency in international organizations as well as institutional settings in which policy-makers respond to stakeholders’ concerns. Organized civil society plays a key role by exposing global rule-making to public scrutiny and bringing citizens’ concerns onto the agenda. We illustrate the prospects and difficulties of building a transnational public sphere with the example of the WTO.
5
GERMAIN, RANDALL. "Financial governance and transnational deliberative democracy." Review of International Studies 36, no. 2 (April 2010): 493–509. http://dx.doi.org/10.1017/s0260210510000124.
Повний текст джерелаАнотація:
AbstractRecent concern with the institutional underpinning of the international financial architecture has intersected with broader debates concerning the possibility of achieving an adequate deliberative context for decisions involving transnational economic governance. Scholars working within traditions associated with international political economy, deliberative democracy, cosmopolitanism and critical theory have informed this broader debate. This article uses this debate to ask whether the structure of financial governance at the global level exhibits the necessary conditions to support deliberative democracy. In particular, it considers the extent to which publicness and a public sphere have become part of the broader structure of financial governance. Although in some ways financial governance is a hard case for this debate, an argument can be made that a public sphere has emerged as an important element of the international financial architecture. At the same time, the analysis of the role of the public sphere in financial governance reveals important lessons which public sphere theorists and deliberative democracy advocates need to consider in order to extend their analysis into the realm of global political economy.
6
Steffek, Jens. "Public Accountability and the Public Sphere of International Governance." Ethics & International Affairs 24, no. 1 (2010): 45–67. http://dx.doi.org/10.1111/j.1747-7093.2010.00243.x.
Повний текст джерелаАнотація:
In much of the current literature on global and European governance, “public accountability” has come to mean accountability to national executives, to peers, to courts, and even to markets. I argue that such a re-conceptualization of “public accountability” as an umbrella term blurs a crucial dimension of the original concept: the critical scrutiny of citizens and the collective evaluation of government through public debate. In this article I critically discuss the advance of managerial and administrative notions of accountability that accompanied the steep rise of the governance concept. I advocate a return to a conception of public accountability as accountability to the wider public. I investigate the prospects for such public accountability beyond the state, which depends upon the emergence of a transnational public sphere, consisting of media and organized civil society. The function of such a transnational public sphere is to put pressure on governance institutions in case of massive maladministration, and to make sure that emergent political concerns and demands are recognized in the process of international policy making.
7
CHRISTOU, GEORGE, and SEAMUS SIMPSON. "The Internet and Public–Private Governance in the European Union." Journal of Public Policy 26, no. 1 (February 24, 2006): 43–61. http://dx.doi.org/10.1017/s0143814x06000419.
Повний текст джерелаАнотація:
The EU plays a significant role in public policy aspects of Internet governance, having created in the late 1990s the dot eu Internet Top Level Domain (TLD). This enables users to register names under a European online address label. This paper explores key public policy issues in the emergent governance system for dot eu, because it provides an interesting case of new European transnational private governance. Specifically, dot eu governance is a reconciliation resulting from a governance cultural clash between the European regulatory state and what can be described broadly as the Internet community. The EU has customised the governance of dot eu towards a public–private dispersed agencification model. The paper extends the evidence base on agencification within trans-European regulatory networks and the emergence of private transnational network governance characterised by self-regulation.
8
Stone Sweet, Alec. "The newLex Mercatoriaand transnational governance." Journal of European Public Policy 13, no. 5 (August 2006): 627–46. http://dx.doi.org/10.1080/13501760600808311.
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9
Zumbansen, Peer. "The Ins and Outs of Transnational Private Regulatory Governance: Legitimacy, Accountability, Effectiveness and a New Concept of “Context”." German Law Journal 13, no. 12 (December 1, 2012): 1269–81. http://dx.doi.org/10.1017/s2071832200017855.
Повний текст джерелаАнотація:
The continuing proliferation of transnational private regulatory governance challenges conceptions of legal authority, legitimacy and public regulation of economic activity. The pace at which these developments occur is set by a coalescence of multiple regime changes, predominantly in commercial law areas, but also in the field of internet governance, corporate law and labor law, where the rise to prominence of private actors has become a defining feature of the emerging transnational regulatory landscape. One of the most belabored fields, the transnational law merchant or, lex mercatoria, has gained the status of a poster child, as it represents a laboratory for the exploration of “private” contractual governance in a context, in which the assertion of public or private authority has itself become contentious. The ambiguity surrounding many forms of today's contractual governance in the transnational arena echoes that of the far-reaching transformation of public regulatory governance, which has been characteristic of Western welfare states over the last few decades. What is particularly remarkable, however, is the way in which the depictions of “private instruments” and “public interests” in the post-welfare state regulatory environment have given rise to a rise in importance of social norms, self-regulation and a general anti-state affect in the assessment of judicial enforcement or administration of contractual arrangements. A central challenge resulting from case studies such as the transnational law merchant is from which perspective we ought to adequately study and assess the justifications, which are being offered for a contractual governance model, which prioritizes and seeks to insulate “private” arrangements from their embeddedness in regulated market contexts, on both the national and transnational level.
10
Westerwinter, Oliver. "Transnational governance as strategy? Mapping and explaining the European Union’s participation in transnational public-private governance initiatives." Journal of European Integration 44, no. 5 (July 4, 2022): 695–713. http://dx.doi.org/10.1080/07036337.2022.2086981.
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Seck, Sara L. "Home State Regulation of Environmental Human Rights Harms As Transnational Private Regulatory Governance*." German Law Journal 13, no. 12 (December 1, 2012): 1363–85. http://dx.doi.org/10.1017/s2071832200017909.
Повний текст джерелаАнотація:
Home state mechanisms designed to address harms arising from overseas resource extraction have recently been considered in Canada. This paper will examine whether such mechanisms could be viewed as an example of transnational private regulatory governance, and the implications of doing so for our understanding of both public international law and transnational private regulatory governance. After first briefly unpacking the idea of transnational private regulatory governance, the paper will compare common understandings of the scope of home state jurisdiction to regulate transnational corporations under international human rights and international environmental law. Recent developments in Canadian law and policy culminating in the creation of a Corporate Social Responsibility (CSR) Counsellor for the international operations of the Canadian extractive industry will then be described. This Canadian experience will serve an example of home state-based transnational private regulatory governance.
12
Harlow, Carol. "Law and public administration: convergence and symbiosis." International Review of Administrative Sciences 71, no. 2 (June 2005): 279–94. http://dx.doi.org/10.1177/0020852305053886.
Повний текст джерелаАнотація:
In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on ‘soft law’ techniques. The article notes the growing use of ‘soft law’ and recourse to ‘soft’ techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of ‘good governance’ and ‘principles of good administration’ acceptable to both sides are promulgated and enforced by courts. As ‘good governance’ standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.
13
Brem-Wilson, Josh. "La Vía Campesina and the UN Committee on World Food Security: Affected publics and institutional dynamics in the nascent transnational public sphere." Review of International Studies 43, no. 2 (September 30, 2016): 302–29. http://dx.doi.org/10.1017/s0260210516000309.
Повний текст джерелаАнотація:
AbstractThe emergence of the transnational as a site and object of governance has triggered concern amongst both affected publics subject to these effects, and scholars keen to locate the democratic potentials therein. Increasingly, public sphere theory is being promoted as a lens for interrogating the democratic potential of the transnational. However the project of transposing public sphere theory from its Westphalian origins to the transnational has been frustrated by a lack of empirical examples in which the properties of a transnational public sphere can be easily identified. In this article, examining the encounter between La Vía Campesina and the UN Committee on World Food Security, I argue for the existence of a nascent transnational public sphere in the specific domain of transnational food and agricultural policymaking. The existence of this concrete example, I argue, defends public sphere theory’s transnational turn against either the charge of utopianism, or the need to suspend some of the framework’s core conditions in order to accommodate the ‘actually possible’. It also allows us to advance public sphere theory’s empirical research agenda, and in this article I introduce an analytical framework to take this further.
14
Klinke, Andreas. "Deliberatie transnationalism — Transnational governance, public participation and expert deliberation." Forest Policy and Economics 11, no. 5-6 (October 2009): 348–56. http://dx.doi.org/10.1016/j.forpol.2009.02.001.
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Moloney, Kim. "Deconcentrated global governance, transnational administration, and the public administration discipline." Global Public Policy and Governance 1, no. 2 (May 12, 2021): 175–201. http://dx.doi.org/10.1007/s43508-021-00013-y.
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16
Olsen, Céline Brassart. "Towards Corporate Health Responsibility? An Analysis of Workplace Health Promotion Through the Prism of CSR and Transnational New Governance." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 1 (March 1, 2020): 19–54. http://dx.doi.org/10.54648/ijcl2020002.
Повний текст джерелаАнотація:
In 2018, the Global Reporting Initiative (GRI) adopted a new standard, requiring companies to report on their initiatives for the promotion of workers’ health. These initiatives range from the provision of smoking cessation programmes to free health screenings in the workplace, going beyond ‘traditional’ occupational health and safety (OHS) requirements. The new standard is the first transnational instrument to specify express requirements for employers in workplace health promotion. It provides an interesting example of transnational new governance, whereby private actors adopt voluntary norms to regulate business in areas traditionally pertaining to public regulators (here, public health). This article analyses the extent to which private actors have acted as norm entrepreneurs in workplace health promotion, and whether the new standard could mark the emergence of ‘corporate health responsibility’ in the workplace. The article starts by analysing existing intergovernmental instruments in workplace health promotion. After highlighting a regulatory gap in traditional governance, the article examines the contribution of private regulators in workplace health promotion. To this end, it analyses the new standard, as well as the recent reporting practice of transnational corporations (TNCs) in workplace health promotion. Although the new standard is a welcome private, regulatory initiative, it also illustrates the orchestration deficit often found in transnational new governance. The article concludes that the road to ‘corporate health responsibility’ is likely to be a long one. Corporate Social Responsibility, Global Health, Global Reporting Initiative (GRI), Transnational New Governance, Occupational Health And Safety, Standards, Workers’ Health, Workplace Health Promotion
17
Macdonald, Kate, and Terry Macdonald. "Liquid authority and political legitimacy in transnational governance." International Theory 9, no. 2 (April 5, 2017): 329–51. http://dx.doi.org/10.1017/s1752971916000300.
Повний текст джерелаАнотація:
In this article we investigate the institutional mechanisms required for ‘liquid’ forms of authority in transnational governance to achieve normative political legitimacy. We understand authority in sociological terms as the institutionalized inducement of addressees to defer to institutional rules, directives, or knowledge claims. We take authority to be ‘liquid’ when it is characterized by significant institutional dynamism, fostered by its informality, multiplicity, and related structural properties. The article’s central normative claim is that the mechanisms prescribed to legitimize transnational governance institutions – such as accountability or experimentalist mechanisms – should vary with the liquid characteristics of their authority structures. We argue for this claim in two steps. We first outline our theoretical conception of political legitimacy – as a normative standard prescribing legitimizing mechanisms that support authorities’ collectively valuable governance functions – and we explain in theoretical terms why legitimizing mechanisms should vary with differing authority structures. We then present an illustrative case study of the interaction between liquid authority and legitimizing mechanisms of public accountability and pragmatic experimentalism in the context of transnational business regulation. We conclude by considering broader implications of our argument for both the design of legitimate transnational governance institutions, and future research agendas on transnational authority and legitimacy.
18
Calliess, Gralf-Peter, and Moritz Renner. "Transnationalizing Private Law – The Public and the Private Dimensions of Transnational Commercial Law." German Law Journal 10, no. 10 (October 1, 2009): 1341–55. http://dx.doi.org/10.1017/s2071832200018253.
Повний текст джерелаАнотація:
Transnational Commercial Law is an interdisciplinary research field which is concerned with the institutional organization of global economic exchange processes. From the perspective of institutional economics there are basically four different types of governance mechanisms which may be employed to institutionally support exchange. These are (1) uniform governance, where exchange is organized outside the market as intra-firm-trade and problems are solved by virtue of hierarchical coordination, (2) bilateral governance, where exchange between independent parties is self-stabilizing as long as the value of a continued relationship is higher than the profit from defecting, (3) trilateral private governance, where third-party institutions such as arbitration, reputation-based sanctions, and private norms are involved, and finally (4) trilateral public governance, where conflicts are solved by reference to state commercial law, courts, and public enforcement.
19
Medushevskiy, Andrey. "Global Constitutionalism and Legal Fragmentation: The Populist Backslide in Central and Eastern Europe." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 393. http://dx.doi.org/10.17951/sil.2021.30.4.393-440.
Повний текст джерелаАнотація:
<p>Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.</p>
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Barry, Andrew. "Political situations: knowledge controversies in transnational governance." Critical Policy Studies 6, no. 3 (October 2012): 324–36. http://dx.doi.org/10.1080/19460171.2012.699234.
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21
Sun, Yixian. "Transnational Public-Private Partnerships as Learning Facilitators: Global Governance of Mercury." Global Environmental Politics 17, no. 2 (May 2017): 21–44. http://dx.doi.org/10.1162/glep_a_00399.
Повний текст джерелаАнотація:
Drawing from theories of regime interplay and social learning, this article investigates linkages between hybrid governance schemes and intergovernmental regimes. My analytic framework suggests that, by enhancing cooperation among stakeholders, transnational public-private partnerships will facilitate policy-makers’ learning, and accordingly advance the formation of intergovernmental regimes. Here I use qualitative methods to examine the influence of the UNEP Global Mercury Partnership on negotiations over different components of the Minamata Convention on Mercury. Technical and scientific information provided by this partnership helped relevant policy-makers understand the problems to be addressed and some appropriate solutions, thereby accelerating the consensus-making process and shaping the features of certain provisions. I also compare the influences of different partnership areas, revealing that inclusive stakeholder engagement and boundary coordination between different governance schemes are two important conditions for transnational partnerships to promote cooperation in intergovernmental fora.
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Diller, Janelle M. "The Role of the State in the Exercise of Transnational Public and Private Authority over Labour Standards." International Organizations Law Review 17, no. 1 (April 18, 2020): 41–74. http://dx.doi.org/10.1163/15723747-01701003.
Повний текст джерелаАнотація:
Interdependence among States in an era of globalization exacerbates the increasing emphasis on competing claims of national interest in the global arena. Rising nationalism is a symptom of the weakness of conception of transnational governance that insufficiently coordinates public and private interactions across multiple systems of governance which overlap on matters of common interest such as labour standards. The State-centric system of world governance lacks effective structures to bridge the gap between transnational labour governance (‘TLG’) and national, interstate, and international governance. However, emerging evidence suggests that the State is capable of facilitating inclusive and consensual action with non-state bodies of collective interest at national and transnational levels that helps connect TLG with national and international governance. This review compares differing degrees and methods of State action in selected TLG prototypes and their outcomes relevant to public and private policy choices affecting decent work and equal opportunity for well-being. Particular focus is placed on the State’s role in attributing private authority to non-state bodies of collective interest, facilitating consensual decision-making and regulatory action, aligning TLG with international norms and relevant national law and institutions, and cooperating in TLG with other States, including with or through international organizations. Challenges to effective TLG, such as opting-out, competing structures, and difficulty in leveraging short-term initiatives for longer-term capacity, are examined within the context of the legitimacy and coherence of TLG systems and across phases of governance, including agenda setting, norm development, implementation, oversight, evaluation, correction and revision. Preliminary conclusions call for further theoretical and empirical research to evaluate factors that influence such innovations and the extent to which they lead to durable and effective TLG within and across States that advances decent work and equal opportunity for well-being in globalized markets.
23
Yu, Jongwon. "The Common Evolutionary Logic of the Transformation of Government Functions and the Development of Market Regulatory Governance Systems." Journal of Management World 2022, no. 1 (January 1, 2022): 8–18. http://dx.doi.org/10.53935/jomw.v2022i1.177.
Повний текст джерелаАнотація:
Regulators have a crucial role to play in the economy and society. This paper presents an approach to taking into account the evolution of transnational private rule-makers. It argues that the governance of business conduct involves important, and often underproblematized, assumptions. The transformation of organizations, procedures and rules is considered as a key strength of various forms of private authority. Space is given to local, national and transnational mechanisms of business governance, aiming to explore the shifting and new roles of government in these mechanisms in novel and theoretically insightful ways. These include tensions between complementary competitive relations between public and private bodies and question the ability of the former to effectively enroll, lead and influence the latter. The article describes how regulator and organizational crises are catalyzing the formation and evolution of transnational private regulators and affect the relationship between public and private regimes. Finally, we consider the potential challenges to competitiveness arising from the use of a dynamic perspective on transnational private regulation. Thus, this piece provides an interpretation of the related historical discourses of the past half century, problematizing key underlying assumptions in the field, and proposes a research agenda for the further exploration of governments in governance, underscoring the implications for management and organizations.
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Tan, Celine. "Private Investments, Public Goods: Regulating Markets for Sustainable Development." European Business Organization Law Review 23, no. 1 (February 28, 2022): 241–71. http://dx.doi.org/10.1007/s40804-021-00236-w.
Повний текст джерелаАнотація:
AbstractIn the new ecosystem for financing the sustainable development goals (SDGs), private actors are no longer passive bystanders in the development process, nor engaged merely as clients or contractors but as co-investors and co-producers in development projects and programmes. This ‘private turn’ in the financing of international development and other global public goods sees the enmeshment of public and private finance that brings aid and other forms of official development finance into sharp contact with regulatory regimes commonly associated with commercial investments, capital markets and corporate activity. The shift away from public resources for financing (e.g., multilateral sovereign loans) to leveraging financial markets for development capital (e.g., equity and portfolio investments) will insert countries into global financial markets and engagements with corporate actors in ways that will change forms of regulation, accountability and transparency of public finance. Zooming in on the creation of markets for sustainable development investments (SDI), this paper explores how this broader ‘reengineering of public finance’ is establishing new forms of governance that are restructuring the relationship between states and markets and between transnational capital and their host communities. Specifically, the movement towards private investments and financial markets as key drivers of financing for sustainable development has two critical impacts on transnational governance: (a) the use of private markets, in their capital allocation roles, as quasi-regulatory tools for achieving the SDGs and other global public goods; and (b) the deployment of private regulatory regimes (e.g., contracts, codes of conduct, corporate governance codes) as mechanisms to govern the social and environmental externalities of transnational economic activity. These developments have wide-ranging impacts on the domestic legal, political and civic constitution of states that can paradoxically constrain fiscal and policy space for enabling the attainment of the SDGs.
25
Beisheim, Marianne, and Sabine Campe. "Transnational Public–Private Partnerships' Performance in Water Governance: Institutional Design Matters." Environment and Planning C: Government and Policy 30, no. 4 (January 2012): 627–42. http://dx.doi.org/10.1068/c1194.
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Di Marco, Antonio. "Sports Economy and Fight against Corruption: Which Limits to the Sporting Organisations Autonomy?" European Business Law Review 32, Issue 5 (October 1, 2021): 877–904. http://dx.doi.org/10.54648/eulr2021031.
Повний текст джерелаАнотація:
This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport. Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention
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Bäckstrand, Karin. "Accountability of Networked Climate Governance: The Rise of Transnational Climate Partnerships." Global Environmental Politics 8, no. 3 (August 2008): 74–102. http://dx.doi.org/10.1162/glep.2008.8.3.74.
Повний текст джерелаАнотація:
Public-private partnerships (PPP) have been advanced as a new tool of global governance, which can supply both effective and legitimate governance. In the context of recent debates on the democratic legitimacy of transnational governance, this paper focuses on accountability as a central component of legitimacy. The aim of this paper is to map transnational climate partnerships and evaluate their accountability record in terms of transparency, monitoring mechanisms and representation of stakeholders. Three types of partnerships are identified with respect to their degree of public-private interaction: public-private (hybrid), governmental and private-private. Most of the climate partnerships have functions of advocacy, service provision and implementation. None are standard setting, which indicates that governmental actors are less willing to “contract out” rule-setting authority to private actors in the climate change. Some partnerships, such as the World Summit on Sustainable Development climate partnerships and Clean Development Mechanism (CDM) projects represent “new” modes of hybrid governance with high degree of public-private interaction. However, many partnerships, not least the voluntary technology agreements such as the APP, rest on “old” form of governance based on the logic of lobbying, corporatism, co-optation and interstate bargaining. Private (business-to business) climate partnerships are to varying degrees geared toward quantitative targets in the Kyoto Protocol. The accountability record is higher for hybrid climate partnerships, such as the CDM, due to extensive reporting and monitoring mechanisms, while lower for the governmental networks, such as voluntary technology agreements. Partnerships do not necessarily replace or erode the authority of sovereign states, but rather propels the hybridization and transformation of authority that is increasingly shared between state and nonstate actors.
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Veiga, João Paulo Cândia, Fausto Makishi, and Murilo Alves Zacareli. "Corporate Leadership, Multilevel Enforcement and Biodiversity Regulation." Journal of Business 1, no. 3 (July 10, 2016): 43. http://dx.doi.org/10.18533/job.v1i5.34.
Повний текст джерелаАнотація:
Globalization incentives the rise of non-state actors in unprecedented ways along with the creation of transnational arenas which are neither international (intergovernmental) nor national (domestic), but transborder political processes where firms, Non-Governmental Organizations (NGOs), states and social communities set up rules and provide governance mechanisms to enforce those at local level. The article is anchored in the idea that public-private governance matters where the primary driver is the market incentive. We test the hypotheses that public-private cooperation at local level is based on shared knowledge and expertise among firms, civil society and state authority dealing with a natural resource which comes from the Brazilian biodiversity. NGOs and companies have developed the ability to act as enforcers as they interpret the public international/national regulation and develop an expertise through ‘best practices’ that are applied to enforce biodiversity regulation at the local level through a multilevel system that operates transnationally.
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SRINIVAS, NIDHI. "TRANSNATIONAL GOVERNANCE AND THE TRILHOS URBANOS: CIVIL SOCIETY'S RESISTANCE TO MEGA-EVENTS IN RIO DE JANEIRO." Revista de Administração de Empresas 56, no. 4 (August 2016): 438–46. http://dx.doi.org/10.1590/s0034-759020160407.
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ABSTRACT Mega-events are urban spectacles that bring together capital, physical materials, symbols, people and organizations, to produce sports and cultural events. Rio de Janeiro hosted the soccer World Cup in 2014 and will shortly host the 2016 Olympics, two such mega-events. This paper discusses these mega-events in terms of a new and influential model of transnational governance that involves market-based alliances between urban leaders, real-estate developers, global corporations and sports-related civil society groups. It begins by defining mega-events and their significance to transnational governance, and then describes the mega-events being held in Rio de Janeiro. In the final section, the implications of these mega-events are reviewed, highlighting the on-going period of contestation within urban visions of transnational governance.
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Novicic, Zaklina. "Reforming the global public health regime: Towards global governance." Medjunarodni problemi 74, no. 2 (2022): 209–31. http://dx.doi.org/10.2298/medjp2202209n.
Повний текст джерелаАнотація:
The paper addresses the ongoing international health regime reform, which should end in 2024 with the adoption of a new pandemic treaty or a revision of existing international health regulations. This process has not gone too far in its current stage of development. However, there is certainly an agenda to centralise global health governance, which includes various public and private interests and actors. Using a structural-institutional approach, the author assesses the degree of development of transnational centralisation of the international health regime, focuses attention on its important agency, actors, and interests, and indicates omissions in terms of governmental accountability and human rights manifested in this process.
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Koenig-Archibugi, Mathias, and Kate Macdonald. "Accountability-by-Proxy in Transnational Non-State Governance." Governance 26, no. 3 (September 7, 2012): 499–522. http://dx.doi.org/10.1111/j.1468-0491.2012.01609.x.
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Hunke, Kristina, and Gunnar Prause. "Management of Green Corridor Performance." Transport and Telecommunication Journal 14, no. 4 (December 1, 2013): 292–99. http://dx.doi.org/10.2478/ttj-2013-0025.
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Abstract In the context of a harmonized transnational transport system the green corridor concept represents a cornerstone in the development and implementation of integrated and sustainable transport solutions. Important properties of green corridors are their transnational character and their high involvement of public and private stakeholders, including political level, requiring new governance models for the management of green corridors. Stakeholder governance models and instruments for green corridor governance are going to be developed and tested in different regional development projects in order to safeguard a better alignment of transport policies at various administrative levels and a strengthening of the business perspective. A crucial role in this context belongs to involvement of public and private stakeholders in order to safeguard efficient corridor performance. The paper presents recent research results about green supply chain management in the frame of network and stakeholder model theory and its application to the stakeholders of green transport corridors.
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Chu, Eric K. "Transnational Support for Urban Climate Adaptation: Emerging Forms of Agency and Dependency." Global Environmental Politics 18, no. 3 (August 2018): 25–46. http://dx.doi.org/10.1162/glep_a_00467.
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Transnational actors are critical for financing programs and generating awareness around climate change adaptation in cities. However, it is unclear whether transnational support actually enables more authority over adaptation actions and whether outcomes address wide-ranging development needs. In this article, I compare experiences from three cities in India—Surat, Indore, and Bhubaneswar—and link local political agency over adaptation with their supporting transnational funders. I find that adaptation governance involves powers of agency over directing bureaucratic practices, public finance, spatial strategies, and institutional culture. A city’s ability to exert these powers then yields different patterns of adaptation. However, political agency is circumscribed by a combination of historical political economic constraints and emerging transnational resources that promote specific forms of political meaning and procedures. The presence of external support therefore paradoxically constrains the governance autonomy of cities. This opens up new opportunities for development dependency—that is, ones that mirror neoliberal critiques of foreign aid—within the global marketplace for climate finance.
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Loos, Gregory P. "Trade Policy and Public Goods." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, no. 1 (May 2003): 9–18. http://dx.doi.org/10.2190/2qum-5nv3-8du1-fr0q.
Повний текст джерелаАнотація:
The World Trade Organization (WTO) was formed in 1994 as the first multilateral trade organization with enforcement authority over national governments. A country's domestic standards cannot be more restrictive than international standards for trade. WTO seeks to “harmonize” individual domestic policies into uniform global standards and encompasses trade-related aspects of health, public safety, and environmental protection. These issues are transnational and pose enormous challenges to traditional governance structures. Most governments are not equipped to manage problems that transcend their borders. Moreover, international governance in social issues—with the possible exception of public health—is still in its infancy. Many groups are concerned that local public interests will be subjugated to global corporate interests. The article looks at the social ramifications of world trade policy and concludes that world trade must be balanced with sustainable environments and human health.
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Afontsev, Sergey A. "The Subjects of Transnational Business and the Processes of Global Economic Governance." Outlines of global transformations: politics, economics, law 11, no. 1 (April 4, 2018): 52–64. http://dx.doi.org/10.23932/2542-0240-2018-11-1-52-64.
Повний текст джерелаАнотація:
In recent decades, transnational business actors have substantially strengthened their role in global economic governance. Although this trend became less pronounced after the global crisis of 2008–2009, it was by no means reversed. With multinational companies (including those from developing markets) increasing scale and scope of their operation and national governments competing for foreign direct investment (FDI) as a development resource, both official and public-private economic governance mechanisms shape their agenda with a reference to transnational business interests. As a result, FDI promotion policies prevailed in post-crisis years, in contrast with a remarkable growth of protectionism in international trade. At the same time, as the case of economic sanctions shows, with increased tensions in international relations business interests are readily sacrificed, and thus far transnational business actors have no reliable tools to change the situation.
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Nin, Nguyen Huu. "Clean Water Mapping as a Transdisciplinary Disaster Mitigation Effort on the Mekong Riverbank: A descriptive study." River Studies 1, no. 1 (May 7, 2023): 32–39. http://dx.doi.org/10.61848/rst.v1i1.5.
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On the Mekong Riverbank, clean water mapping is a commonly utilized tool for disaster risk reduction and public health promotion initiatives. The purpose of this research is to investigate the possibility of clean water mapping as a transnational catastrophe mitigation initiative. A comprehensive literature analysis will be conducted to identify existing research and data on clean water maps, disaster risk reduction, and transnational water governance on the Mekong riverbank. The semi-structured interviews reveal current challenges and opportunities associated with cleaning water mapping, disaster risk prevention, and water governance, such as technical and institutional barriers, the need for collaborative and transdisciplinary approaches, and the complexity of transboundary water governance. The qualitative data demonstrate the potential benefits of cleaning water for disaster mitigation efforts, such as identifying high-risk areas and developing early warning systems for water-related disasters, as well as having broader public health benefits beyond the context of disasters. With the proper plans and tactics in place, clean water can make a big contribution to the region's long-term growth and people's well-being.
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GELPERN, Anna. "Sovereignty, Accountability, and the Wealth Fund Governance Conundrum." Asian Journal of International Law 1, no. 2 (May 12, 2011): 289–320. http://dx.doi.org/10.1017/s2044251310000391.
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Sovereign wealth funds—state-controlled transnational portfolio investment vehicles—began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no desire to collaborate. This article elaborates the implications of diverse public, private, domestic, and external demands on SWFs, and describes how their apparently artificial grouping became a site for innovation in international law-making.
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Kerber, Wolfgang. "Institutional Change in Globalization: Transnational Commercial Law from an Evolutionary Economics Perspective." German Law Journal 9, no. 4 (April 1, 2008): 411–36. http://dx.doi.org/10.1017/s2071832200006519.
Повний текст джерелаАнотація:
Markets need a complex set of institutions in order to work properly. Within a state, the national legal order with its legal rules, courts, and enforcement agencies have the task of fulfilling this role. Besides safeguarding property rights, the national legal order encompasses (1) the facilitating of market transactions by offering enabling (facilitative) law (as legal standard solutions) and helping private parties to enforce contracts within the domain of freedom of contract, and (2) the regulation of market transactions for solving or mitigating market failures problems and achieving other policy objectives. A comparable consistent legal system is missing on the international level for ensuring the working of global markets and the governance of cross-border transactions. However, the dynamic process of globalization has brought about the development of a number of new institutional solutions for solving these problems. The most prominent issue is the regulation of international markets (“global governance”). This article, however, will focus on the evolution of institutions for the enforcement of contracts for cross-border transactions between firms. Although there have always been institutional solutions for the governance of cross-border contracts (lex mercatoria), in recent years, a number of new governance solutions for the enforcement of cross-border transactions have emerged (“transnational commercial law”). The increasing use of choice of law, private governance instead of private law (provided by states), and private arbitration instead of public courts are the most important characteristics of this development. This also includes hybrids as new combinations between private and public solutions for the governance of cross-border contracts. Therefore, the process of globalization is accompanied and enabled by a complex process of institutional evolution.
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Eberlein, Burkard, Kenneth W. Abbott, Julia Black, Errol Meidinger, and Stepan Wood. "Transnational business governance interactions: Conceptualization and framework for analysis." Regulation & Governance 8, no. 1 (July 22, 2013): 1–21. http://dx.doi.org/10.1111/rego.12030.
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Peña, Alejandro Milcíades. "The politics of resonance: Transnational sustainability governance in Argentina." Regulation & Governance 12, no. 1 (December 22, 2015): 150–70. http://dx.doi.org/10.1111/rego.12111.
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KATSIKAS, DIMITRIOS. "Non-state authority and global governance." Review of International Studies 36, S1 (August 31, 2010): 113–35. http://dx.doi.org/10.1017/s0260210510000793.
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AbstractNon-state actors are increasingly assuming an active part in the design and construction of the institutional framework of global governance. The introduction of the concept of private authority in the literature has provided us with an insightful analytical tool for a deeper understanding of the role of private actors in the context of global governance. However, in order to achieve this objective the concept of private authority needs to be defined accurately and applied consistently in the examination of non-state governance schemes. This article aims to delineate the concept of private authority in the context of global governance first, by outlining the main characteristics of authority and identifying instances of inconsistent and loose application of these characteristics in the private authority literature and secondly, by offering a starting point for an analytically consistent typology of non-state authority. Following this analysis, a more thoroughly defined and analytically consistent concept of transnationalinauthority is presented. This new conceptualisation locates non-stateinauthority in the amalgamation of public authority and private power in the context of complex transnational governance structures, and can hopefully helps us gain a deeper understanding of the increasing institutionalisation and legitimation of transnational non-state governance.
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Sheptycki, James. "Transnational Organization, Transnational Law and the Ambiguity of Interpol in a World Ruled with Law." Brill Research Perspectives in Transnational Crime 1, no. 2-3 (March 1, 2017): 65–86. http://dx.doi.org/10.1163/24680931-12340005.
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Abstract Using the practical empirical example of the Interpol Organization, the paper explores the relationship between transnational organization and transnational law. Pace Jessup’s pioneering work in 1956, the central questions surrounding the notion of transnational law have involved understanding the use of legal tools in an administrative grey area of global governance across a range of legal institutions. This essay demonstrates how Interpol constituted as itself a formal ‘Intergovernmental Organization’ with its own self-governing structure and explores the use of one of its most powerful legal tools: the Red Notice. As a formally constituted igo with transnational reach and legally subject to its own constituted governance processes, Interpol is an example of what Neil Walker calls ‘constitutionalism beyond the State’. A fortiori, Interpol mobilizes a range of legal tools from transnational public international law and criminal law, as well as those of its own constitutional order, in making up its organization. Following Terence C. Halliday and Gregory Shaffer, and based on this empirical case study, the essay argues that Interpol is an important constituent element in the broader ‘transnational legal order’ of global policing. The challenge for socio-legal scholarship is to reveal how the transnational legal order of which Interpol is a part, is shaped by a variety of actors using different kinds of legal instruments because the institutional patterns thereby established have consequences for future developments. The transnational legal order of global policing is a synecdoche of global governance more generally and the specific case of Interpol provides the basis of some general claims about how to understand the concept of law under transnational conditions. The essay argues that Interpol is but a small constituent element of an evolving global system of rule with law. Rule with law emphasizes that in all practical circumstances legal tools are in the hands of knowing social actors. Understood this way, law is practical politics undertaken by means of legal tools. Interpol is but one element of a vast transnational legal order that has no democratic basis and which needs to be progressively uncovered through piecemeal empirical case studies. Read against the backdrop of broad socio-legal theory, such case studies offer critical insights concerning contemporary transnational legal ordering.
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Pattberg, Philipp. "The emergence of carbon disclosure: Exploring the role of governance entrepreneurs." Environment and Planning C: Politics and Space 35, no. 8 (July 31, 2017): 1437–55. http://dx.doi.org/10.1177/2399654417723341.
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An innovative approach to mitigating climate change beyond the international negotiations and hard-law approaches is governing by disclosure – the acquisition and dissemination of information to influence the behavior of particular actors. This paper analyzes the institutionalization of carbon disclosure as an organizational field, focusing in particular on the role of governance entrepreneurs in this process. The emergence of carbon disclosure is scrutinized along four distinct stages of transnational institutionalization: start-up; competition and growth; convergence and consolidation; integration into international public policy. For each phase, the role and relevance of governance entrepreneurs is analyzed. The article finds that during the first stage, entrepreneurs mainly acts as innovators and “out-of-the-box” thinkers; in stage 2, entrepreneurs can be characterized as flexible adaptors and opportunity seekers, while in stage 3, the role of meta-governors in dominant. Finally, the last stage, entrepreneurs acts as connectors and bridge-builder between the transnational sphere of carbon disclosure and the wider international governance arena.
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Perez, Oren. "Transnational Network Authority and the Question of Grounding." Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 9–26. http://dx.doi.org/10.26881/gsp.2022.4.01.
Повний текст джерелаАнотація:
The structure of the global governance system has undergone significant changes in the past few years. From a system governed primarily by intergovernmental institutions and multilateral treaties, it has metamorphosed into a hybrid field in which a plethora of public, private, and semi-public institutions interact in various ways. In this article, I focus on the increasingly important role of private transnational regulatory regimes (PTRs). I argue that the authority of PTRs emerges from (and is grounded by) their embeddedness in a dense web of ties with other PTRs. The model of network authority challenges the orthodox, hierarchical view of legal authority and contributes to the more general philosophical debate regarding the concept of grounding.
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Henriksen, Lasse Folke, and Stefano Ponte. "Public orchestration, social networks, and transnational environmental governance: Lessons from the aviation industry." Regulation & Governance 12, no. 1 (July 9, 2017): 23–45. http://dx.doi.org/10.1111/rego.12151.
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Baser, Bahar, and Ahmet Erdi Ozturk. "Positive and Negative Diaspora Governance in Context: From Public Diplomacy to Transnational Authoritarianism." Middle East Critique 29, no. 3 (May 29, 2020): 319–34. http://dx.doi.org/10.1080/19436149.2020.1770449.
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Kahler, Miles, and David A. Lake. "Governance in a Global Economy: Political Authority in Transition." PS: Political Science & Politics 37, no. 3 (July 2004): 409–14. http://dx.doi.org/10.1017/s1049096504004573.
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Contemporary debate over globalization casts its political effects as both revolutionary and contradictory. Globalization, it is claimed, drains political authority from nation-states, long the dominant form of political organization in world politics. The state's monopoly of familiar governance functions erodes as authority migrates down to newly empowered regions, provinces, and municipalities; up to supranational organizations; and laterally to such private firms and transnational nongovernmental organizations (NGOs) that acquire previously “public” responsibilities.
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KÜTTING, GABRIELA, and PHILIP G. CERNY. "RETHINKING GLOBAL ENVIRONMENTAL POLICY: FROM GLOBAL GOVERNANCE TO TRANSNATIONAL NEOPLURALISM." Public Administration 93, no. 4 (July 14, 2015): 907–21. http://dx.doi.org/10.1111/padm.12189.
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Martinez, Ricardo. "City Governments as Political Actors of Global Governance." Global Governance: A Review of Multilateralism and International Organizations 29, no. 1 (March 15, 2023): 37–60. http://dx.doi.org/10.1163/19426720-02901002.
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Abstract The transnational rise of city networks is increasingly associated with the emergence of hybrid configurations beyond the public sector that contribute to technocratic decisionmaking processes and the depoliticization of global governance. This article takes issue with this argument. By analyzing the legitimation strategy used by the global city network United Cities and Local Governments (UCLG) vis-à-vis the UN system, the article contends that city networks can generate collective agency and frame political issues as a matter of public accountability. The cities gathered under UCLG, a “public membership” city network, are offering their political constitution to the multilateral system, thus complementing rather than replacing the political agency of state-centric processes. Yet the state-centric nature of the international system is also the main obstacle on the (winding) road of UCLG toward multilateral recognition.
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Allen, Michael O. "Unbundling the State: Legal Development in an Era of Global, Private Governance." International Organization 77, no. 4 (2023): 754–88. http://dx.doi.org/10.1017/s0020818323000218.
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AbstractWhat happens to a public, domestic institution when its authority is delegated to a privately run, transnational institution? I argue that outsourcing traditionally national legal responsibilities to transnational bodies can lead to the stagnation of domestic institutional capacity. I examine this through a study of international commercial arbitration (ICA), a widely used system of cross-border commercial dispute resolution. I argue that ICA provides commercial actors an “exit option” from weak public institutions, reducing pressure on the state to invest in capacity-enhancing reform. I find that the enactment of strong protections for ICA leads to the gradual erosion of the capacity of domestic legal institutions, particularly in countries with already weak legal systems. I test the mechanism driving this dynamic using dispute data from the International Chamber of Commerce. I find that pro-arbitration laws increase the use of international arbitration by national firms, suggesting that firms use ICA as an escape from domestic institutions. This article contributes to debates on globalization and development as well as work on the second-order effects of global governance institutions.