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"International governance"
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Intimations of global law
\"This is a book about how we might fruitfully think about global law. Few terms are more topical in the transnational legal literature. Yet there has been little serious discussion - and little agreement where there has been discussion - on what is meant by 'global law', if, indeed, it means anything of note at all. In what follows, I suggest that we can nonetheless arrive at a core sense of global law as an emergent idea and practice\"-- Provided by publisher.
Book
Fragmented Governance of International Rivers: Negotiating Bilateral versus Multilateral Treaties
Despite warnings of interstate conflict over shared water resources, states are reaching hundreds of treaties and agreements over their international rivers. We have extensive knowledge about the negotiations process of individual treaties, but there is a paucity of systematic analysis of the forces influencing treaty formation. In addition, the few quantitative studies examining the formation of agreements fail to consider the different factors influencing the rise of bilateral versus multilateral agreements on multilateral basins. Correcting this omission is important because scholars have discovered that states frequently sign bilateral agreements over multilateral rivers, which contradicts the integrated river basin management approach advocated by environmentalists, engineers, and water experts. This study seeks to fill this vacuum within the existing literature by distinguishing between the formation of bilateral treaties on bilateral and multilateral basins and comparing these bilateral forms of cooperation to the formation of multilateral treaties on multilateral basins. Through quantitative analysis, we argue that treaty type is a by-product of state interest, transaction costs, and distribution of power.
Journal Article
Regulating global corporate capitalism
\"This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge\"-- Provided by publisher.
Book
Scarcity and Cooperation along International Rivers: An Empirical Assessment of Bilateral Treaties
Water scarcity is popularly associated with inter-state conflict, yet the academic literature also touts scarcity as an important variable for understanding cooperation over international freshwater. Building on studies that consider the relationship between scarcity and hydropolitical cooperation, this paper empirically investigates why water treaties are negotiated for some rivers and between some riparians, and not others. Rather than considering a linear relationship between scarcity and cooperation, this study hypothesizes a curvilinear relationship expecting agreements to emerge in situations where scarcity is moderate rather than very low or high. Additional variables considered for understanding treaty formation include level of governance among the riparian states, prevailing power dynamics along the river, overall interriparian relations (measured by trade, diplomatic ties, and militarized disputes), and the geographical configuration of the entire river. The hypothesized curvilinear relationship between water scarcity and cooperation finds significant support in the empirical analyses. Governance, diplomatic relations, and trade are likewise found to be salient in explaining the levels of cooperation. The geographical configuration of the river was significant in only part of the estimates, and the militarized disputes variable was found to be insignificant across all models. Finally, while results confirm that cooperation may not depend on power asymmetries within riparian dyads, as suggested by some theories, the paper does find support for the contention that more developed states are in a position to provide incentives, such as financial transfers, to less-developed states so as to facilitate an international agreement.
Journal Article
The political economy of global environmental governance
This article develops a political economy account of global environmental governance to improve upon our understanding of the contemporary conduct of environmental politics and to clarify thinking about the potential for, and barriers to, effective environmental reform. By elaborating the key contours of a political economy account on the one hand and opening up to critical enquiry prevailing understandings of what is meant by ‘global’ ‘environmental’ and ‘governance’ on the other, such an approach is able to enhance our understanding of the practice of environmental governance by emphasising historical, material and political elements of its (re) constitution and evolution.
Journal Article
Legitimacy in intergovernmental and non-state global governance
Do requirements for legitimate global governance vary across intergovernmental and non-state governance institutions? The author introduces a framework to address this question that draws attention to the social forces and power dynamics at play in determining what standards of legitimacy apply. Rather than beginning with a focus on democratic legitimacy, which pre-judges what legitimacy requires, the framework posits that what constitutes legitimacy results from an interaction of communities who must accept the authority of the institution with broader legitimating norms and discourses - or social structure - that prevail in the relevant issue area. To illustrate its plausibility, the framework is applied to a comparison of intergovernmental and non-state institutions in the social and environmental issue area: the intergovernmental Kyoto Protocol on climate change and members of the non-state International Social and Environmental Accreditation and Labeling Alliance, an umbrella organization created to develop agreement on 'best practices' for its members. Implications of the findings for legitimacy of global economic governance are also explored.
Journal Article
The Politics of Multi-Stakeholder Initiatives: The Crisis of the Forest Stewardship Council
Multi-stakeholder initiatives (MSIs) have become a vital part of the organizational landscape for corporate social responsibility. Recent debates have explored whether these initiatives represent opportunities for the \"democratization\" of transnational corporations, facilitating civic participation in the extension of corporate responsibility, or whether they constitute new arenas for the expansion of corporate influence and the private capture of regulatory power. In this article, we explore the political dynamics of these new governance initiatives by presenting an in-depth case study of an organization often heralded as a model MSI: the Forest Stewardship Council (FSC). An effort to address global deforestation in the wake of failed efforts to agree a multilateral convention on forests at the Rio Summit (UNCED) in 1992, the FSC was launched in 1993 as a non-state regulatory experiment: a transnational MSI, administering a global eco-labeling scheme for timber and forest products. We trace the scheme's evolution over the past two decades, showing that while the FSC has successfully facilitated multi-sectoral determination of new standards for forestry, it has nevertheless failed to transform commercial forestry practices or stem the tide of tropical deforestation. Applying a neo-Gramscian analysis to the organizational evolution of the FSC, we examine how broader market forces and resource imbalances between non-governmental and market actors can serve to limit the effectiveness of MSIs in the current neo-liberal environment. This presents dilemmas for NGOs which can lead to their defection, ultimately undermining the organizational legitimacy of MSIs.
Journal Article