Global Hybrid and Private Governance

This book seeks to develop a systematic legal-institutional analysis of a wide set of the most significant from among the myriad GHPG regulatory institutions.

Author: Benedict Kingsbury

Publisher: Law and Global Governance

ISBN: 0198825307

Category: Law

Page: 448

View: 203

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Global hybrid and private governance has a long history, but it has grown spectacularly in a range of sectors, diversity of innovative organizational forms and methods, and significance. This book seeks to develop a systematic legal-institutional analysis of a wide set of the most significant from among the myriad GHPG regulatory institutions.
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Transnational Private Governance and Its Limits

The concept of transnational private governance thus presumes a form of global hybrid authority which prompts increasing concerns about the scope of this ...

Author: Jean-Christophe Graz

Publisher: Routledge

ISBN: 9781134122479

Category: Political Science

Page: 304

View: 626

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This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
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The Diffusion of Power in Global Governance

International Political Economy Meets Foucault Stefano Guzzini, ... The concept of transnational private governance thus presumes a form of global hybrid ...

Author: Stefano Guzzini

Publisher: Palgrave Macmillan

ISBN: 9780230302778

Category: Political Science

Page: 276

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The study of global governance has often led separate lives within the respective camps of International Political Economy and Foucauldian Studies. Despite vast differences in these approaches, Guzzini and Neumann's study recognizes that ongoing changes in global governance go far beyond a proliferation of steering techniques and has a systems-changing potential. As politics becomes increasingly global in character and the number of agents attempting to govern grows, this in-depth range of case studies suggests the emergence of a global polity.
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Private Standards and Global Governance

'This book draws out the profound implications and transformational dynamics of multi-level global governance of natural resources, labour standards and particularly food safety. the hybrid private-public governance of these supply chains ...

Author: Axel Marx

Publisher: Edward Elgar Publishing

ISBN: 9781849808750

Category: Law

Page: 316

View: 408

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'This book draws out the profound implications and transformational dynamics of multi-level global governance of natural resources, labour standards and particularly food safety. the hybrid private-public governance of these supply chains has in some contexts made large western retailer groups more dominant regulators than states. Yet the new regulatory governance is more pluralistic in its flux than a shift from state to retailer hegemony. Governance by contracts of global sway more than government by statutes of states drives regulatory innovation. Legal entrepreneurs and model mongers of many stripes inspire this innovation. Political theory is yet to come to grips with the significance of the shifts this thoughtful collection ably traces.' – John Braithwaite, Australian National University 'This edited volume represents a major contribution to scholarship on the role of private standards in global governance. It brings together a wealth of important new research written by a distinguished group of scholars. It is noteworthy not only for the breadth and depth of its case-studies, but by its extensive analysis of the legal dimensions of private standard setting and enforcement.' – David Vogel, University of California, Berkeley, US Private regulatory initiatives aim to govern supply chains across the globe according to a set of environmental, food safety and/or social standards. Until now, literature on the topic has been fragmented and divided by research fields. However, this unique and comprehensive book bridges these disciplinary and thematic research lines, bringing together an interdisciplinary group of leading scholars to identify key issues. the expert contributors assess the state-of-the-art with regard to private regulation of food, natural resources and labour conditions. They begin with an introduction to, and discussion of, several leading existing private standards, and go on to assess private food standards and their legitimacy and effectiveness in the context of the global trade regime. This truly multidisciplinary assessment of the scope and importance of private standards as a governance tool in a globalizing world will prove to be an enlightening read for a wide-ranging audience encompassing: academics, students, researchers, policymakers and analysts focusing on private forms of governance in several sectors including economics, law, politics, development, environment and agriculture.
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The Frontiers of Public Law

... including the proliferation of intergovernmental networks and the still largely unblocked possibilities of global hybrid and private governance, ...

Author: Jason NE Varuhas

Publisher: Bloomsbury Publishing

ISBN: 9781509930395

Category: Law

Page: 544

View: 685

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This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.
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Research Handbook on Global Administrative Law

Pauwelyn J, Wessel R and Wouters J (eds), Informal International Lawmaking: ... Stewart RB and Kingsbury B, Global Hybrid and Private Governance (Hart ...

Author: Sabino Cassese

Publisher: Edward Elgar Publishing

ISBN: 9781783478460

Category: Law

Page: 608

View: 280

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This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
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Informal International Lawmaking

... a body that is emblematic of the emergence of the new forms of hybrid public—private governance mechanism in the global sphere.11 In the case of finance ...

Author: Joost Pauwelyn

Publisher: OUP Oxford

ISBN: 9780191633171

Category: Law

Page: 584

View: 925

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Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.
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Global Governance of Labour Rights

engage in public and private labor governance, we define global ... The global governance of labor is characterized by intertwined and hybrid forms of ...

Author: Axel Marx

Publisher: Edward Elgar Publishing

ISBN: 9781784711467

Category: LAW

Page: 352

View: 435

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Stories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference. With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU’s social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes. Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.
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International Environmental Governance

76 • Private Environmental Governance and International Relations actors play in ... Hybrid private-public governance emerges out of the interactions of ...

Author: PeterM. Haas

Publisher: Routledge

ISBN: 9781351562423

Category: Political Science

Page: 618

View: 555

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International Environmental Governance reviews the contentious approaches to addressing global and transboundary environmental threats. The volume collects together the most influential and important literature on the major political approaches to dealing with these problems, their histories, major debates, and research frontiers. It is accompanied by a substantial introduction which reviews the evolution of the academic contribution to environmental governance, focusing on a wide array of international environmental problems.
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Global Climate Governance Beyond 2012

governance in broader global frameworks of social capacity and agency that ... to hybrid and exclusively private, Agency in global climate governance 143 ...

Author: Frank Biermann

Publisher: Cambridge University Press

ISBN: 9781139484091

Category: Political Science

Page:

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An assessment of policy options for future global climate governance, written by a team of leading experts from the European Union and developing countries. Global climate governance is at a crossroads. The 1997 Kyoto Protocol was merely a first step, and its core commitments expire in 2012. This book addresses three questions which will be central to any new climate agreement. What is the most effective overall legal and institutional architecture for successful and equitable climate politics? What role should non-state actors play, including multinational corporations, non-governmental organizations, public–private partnerships and market mechanisms in general? How can we deal with the growing challenge of adapting our existing institutions to a substantially warmer world? This important resource offers policy practitioners in-depth qualitative and quantitative assessments of the costs and benefits of various policy options, and also offers academics from wide-ranging disciplines insight into innovative interdisciplinary approaches towards international climate negotiations.
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Global Governance and Diplomacy

Private governance institutions have grown with respect to all realms, ... Other public-private hybrids include the Global Compact of transnational ...

Author: William Maley

Publisher: Springer

ISBN: 9780230227422

Category: Political Science

Page: 330

View: 750

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While diplomacy is a well-established topic for study, global governance is a relatively new arrival to the conceptual landscape of international relations. At first glance the two exist in separate worlds. This book examines the relationship between these two concepts for the first time in a comprehensive manner.
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The Global Polity

The public-private divide is blurred and does not follow the domestic paradigm of government regulating business32. e. Compliance, while compelled in ...

Author: Sabino Cassese

Publisher: Global Law Press

ISBN: 9788493634964

Category: Law

Page: 176

View: 822

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The Politics of Private Transnational Governance by Contract

Given that contracts are regularly regarded as private governance ... mode of governance that involves a hybrid of private and public international actors, ...

Author: A. Claire Cutler

Publisher: Taylor & Francis

ISBN: 9781315409566

Category: Political Science

Page: 330

View: 948

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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.
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Global Order Beyond Law

... 182 hybrid governance regimes, 131, 170,213 India, 121–24 international arbitration, 218–19 private governance regimes distinguished, 191–93 INCOTERMS, ...

Author: Thomas Dietz

Publisher: Bloomsbury Publishing

ISBN: 9781782253914

Category: Law

Page: 182

View: 892

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Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
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Handbook of Global Economic Governance

Private sector roles in global financial governance There are relatively few ... internal operating procedures, a hybrid publicprivate mechanism emerged.

Author: Manuela Moschella

Publisher: Routledge

ISBN: 9781136582875

Category: Reference

Page: 360

View: 753

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Since the summer of 2007, the world scenario has been dominated by the US sub-prime mortgage crisis and its repercussions on global financial markets and economic growth. As banks around the world wrote down their losses and governments intervened to rescue domestic financial institutions, financial distress severely hit the real economy leading to what has been widely defined as the worst recession since the 1930s. Under these conditions, along with the immediate concern for stemming the effects of the crisis, policy-makers around the world have been debating the long-term measures that have to be adopted in order to reduce the likelihood of future crises and to ensure stable economic growth. Although this debate has not yet produced significant transformations, it indicates a renewed concern about the institutional architecture that is meant to govern the global economic and financial system. This book tackles the issue of what the governance of the global economic and financial system looks like and what the prospects for its reform are. Specifically, the book will address the following three main themes: Governance: What is governance in the international economic system? What forms does it take? How did it come about? How can we study it?; Functions of governance: What are the functions of global economic governance? Who performs them? What are the rules and mechanisms that make global governance possible? Problems and prospects of governance: What are the problems in global economic governance? Is there a trade-off between legitimacy and efficiency? What are the prospects for reform of global economic governance in the aftermath of the global financial crisis? This book will: _ Provide a thorough analysis of the issues at stake in designing international rules and institutions able to govern the global economy; _ Illustrate and analyze virtually all the main institutions, rules, and arrangements that make up global economic governance, inscribing them within the function these institutions, rules, and arrangements are meant to perform; _ Discuss the problems that affect today’s global economic governance and assess alternative proposals to reform the international financial architecture.
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The Rise of Global Corporate Social Responsibility

Mining and the Spread of Global Norms Hevina S. Dashwood ... These developments suggest that a hybrid public/private governance process is taking place at ...

Author: Hevina S. Dashwood

Publisher: Cambridge University Press

ISBN: 9781139560696

Category: Political Science

Page:

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Combining insights from international relations theory with institutional approaches from organization theory and public policy, this book provides a complete explanation for the adoption of corporate social responsibility (CSR), showing how global norms influenced CSR adoption in the mining industry. Global normative developments have clearly had an important influence on major mining companies: by the mid-2000s, the majority had adopted sustainable development as a normative frame for their CSR policies and practices. However, there is significant variation between firms in terms of the timing, degree of commitment, and the willingness to assume a leadership role in promoting global standards for the mining industry. The author finds that attributes internal to the firm, including the critical role of leadership, and the way in which management responds to the institutional context and operational challenges faced in different countries are important influences on CSR adoption and important factors explaining variation.
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Oxford Textbook of Global Public Health

6.8.2 Public health governance system—the entities of government, private ... role of government and hybrid forms of public–private governance, the private ...

Author: Roger Detels

Publisher: Oxford University Press

ISBN: 9780198810131

Category: Epidemiology

Page: 1728

View: 934

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Sixth edition of the hugely successful, internationally recognised textbook on global public health and epidemiology, with 3 volumes comprehensively covering the scope, methods, and practice of the discipline.
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International Arbitration and Global Governance

In addition, the hybrid nature of the investor-state treaty regime, which grafts private international law dispute resolution mechanisms onto public ...

Author: Walter Mattli

Publisher: Oxford University Press, USA

ISBN: 9780198716723

Category: Political Science

Page: 250

View: 582

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This work reflects analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities.
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International Economic Law and the Challenges of the Free Zones

... is the growing influence of private and hybrid public-private governance regimes. In domestic immigration law, private companies and associations have a ...

Author: Julien Chaisse

Publisher: Kluwer Law International B.V.

ISBN: 9789403509006

Category: Law

Page: 396

View: 119

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Special economic zones (SEZs) have become a permanent feature of the world trade scene. This book, the first to provide a critical and comprehensive analysis of SEZs covering a wide spectrum of countries and regions, shows how SEZs, albeit established at the domestic level by different countries, raise multiple legal issues under international economic law. This first-rate book is the product of the Asia FDI Forum IV held in Hong Kong in 2018. Thoroughly exploring the development of the SEZ phenomenon and its players, the contributing authors (all leading economic law experts) review the issues raised by SEZs in the context of international trade law, international investment law and investment arbitration. They identify the extent to which SEZs have been coherent in their design and policymaking, in particular with regard to domestic law reforms. They address such aspects (both core themes and specific examples) as the following: investment protection in China’s SEZs; state-owned enterprises regulation; dispute settlement; under what circumstances incentives available in SEZs count as export subsidies prohibited under World Trade Organization (WTO) rules; compliance with internal market rules in European Union (EU) free zones; local populations as victims of land expropriation; Brazil’s Manaus Free Trade Zone; India’s experience with multiple SEZs; the administrative approval system in the Shanghai Free Trade Zone; economic corridors and transit routes as SEZs; ‘refugee cities’: SEZs for migrants; how China’s Supreme People’s Court serves national strategy; how foreign investors challenge free-zone regimes; impacts of the establishment of SEZs on tax revenues; SEZs and labour migration; and management models. The chapters also include insights into the new emerging generation of international investment agreements; WTO accession, transparency, and case law materials clarifying specific trade issues associated with SEZs; and new rules to protect the environment and labour rights, as well as analysis of crucially significant cases such as Goetz v. The Republic of Burundi, Lee Jong Baek v. Kyrgyzstan and Ampal-American and Others v. Egypt. With its critical and comprehensive analysis of the dynamic SEZ phenomenon across legal, economic, investment, regulatory and policy matrices – including a thorough analysis of the success factors and required policies for SEZs – this book takes a giant step towards answering the question whether SEZs fundamentally contradict norms of international law or whether SEZs have to be considered as laboratories which facilitate the implementation of international economic policies. Its careful examination of theory and practice and its approach to lessons learned from case studies will reward trade and investment officials, policymakers, diplomats, economists, lawyers, think tanks, business leaders and others interested in this ever more important area of law and economics.
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