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Articles 1 - 5 of 5
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Transnational Business Governance Interactions: Conceptualization And Framework For Analysis, Burkard Eberlein, Kenneth W. Abbott, Julia Black, Errol Meidinger, Stepan Wood
Transnational Business Governance Interactions: Conceptualization And Framework For Analysis, Burkard Eberlein, Kenneth W. Abbott, Julia Black, Errol Meidinger, Stepan Wood
Articles & Book Chapters
This special issue demonstrates the importance of interactions in transnational business governance. The number of schemes applying non-state authority to govern business conduct across borders has vastly expanded in numerous issue areas. As these initiatives proliferate, they increasingly interact with one another and with state-based regimes. The key challenge is to understand the implications of these interactions for regulatory capacity and performance, and ultimately for social and environmental impact. In this introduction, we propose an analytical framework for the study of transnational business governance interactions. The framework disaggregates the regulatory process to identify potential points of interaction, and suggests analytical …
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Comparative Research in Law & Political Economy
This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with the trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of ‘joined up thinking’ between the …
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector, Christine Overdevest, Jonathan Zeitlin
Assembling An Experimentalist Regime: Transnational Governance Interactions In The Forest Sector, Christine Overdevest, Jonathan Zeitlin
Comparative Research in Law & Political Economy
Transnational governance initiatives increasingly face the problem of regime complexity in which a proliferation of regulatory schemes operate in the same policy domain, supported by varying combinations of public and private actors. The literature suggests that such regime complexity can lead to forum-shopping and other self-interested strategies which undermine the effectiveness of transnational regulation. Based on the design principles of experimentalist governance, this paper identifies a variety of pathways and mechanisms which promote productive interactions in regime complexes. We use the case of the EU’s Forest Law Enforcement Governance and Trade (FLEGT) initiative, interacting with private certification schemes and public …
Emerging Private Governance: The Challenges Of Choosing A Policy Focus, Graeme Auld
Emerging Private Governance: The Challenges Of Choosing A Policy Focus, Graeme Auld
Comparative Research in Law & Political Economy
Across sectors of the global economy, private governance has emerged as a new instrument for addressing pressing social and environmental problems. Although better suited for tackling the challenge of reaching agreements among states to address problems transcending national borders, these initiatives create new boundaries based on what problems they choose to focus on and which actors they choose to regulate – that is, the different policy foci of individual programs. Specialization is not inherently problematic. Private governance can focus attention on the problems of a single-issue area and build capacity among actors to resolve its problems, but equally a particular …
The Adjudication Of Historical Evidence: A Comment And And Elaboration On A Proposal By Justice Lebel, Shin Imai
Articles & Book Chapters
The appropriate forum and procedures for deciding whether Aboriginal and treaty rights exists has been troubling for courts. In the early years after the enactment of section 35, and today, in a significant number of cases, the issue was decided in criminal proceedings. Often charges were laid for hunting or fishing without a license, or out of season. Such was the case in R. v. Marshall and R. v. Bernard when the Supreme Court of Canada was required to consider an appeal of a conviction for a provincial offence related to logging. Justice LeBel mused about the appropriateness of criminal …