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Explores in detail the degree to which private sector firms are beginning to replace governments in "governing" some areas of international relations.
Develops a new theory of public regulatory interventions in private sustainability governance based on policymaking in the European Union.
Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index
Table of contents
Rethinking Private Authority examines the role of non-state actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. Jessica Green identifies two distinct forms of private authority--one in which states delegate authority to private actors, and another in which entrepreneurial actors generate their own rules, persuading others to adopt them. Drawing on a wealth of empirical evidence spanning a century of environmental rule making, Green shows how the delegation of authority to private actors has played a small but consistent role in multilateral environmental agreements over the past fifty years, largely in the area of treaty implementation. This contrasts with entrepreneurial authority, where most private environmental rules have been created in the past two decades. Green traces how this dynamic and fast-growing form of private authority is becoming increasingly common in areas ranging from organic food to green building practices to sustainable tourism. She persuasively argues that the configuration of state preferences and the existing institutional landscape are paramount to explaining why private authority emerges and assumes the form that it does. In-depth cases on climate change provide evidence for her arguments. Groundbreaking in scope, Rethinking Private Authority demonstrates that authority in world politics is diffused across multiple levels and diverse actors, and it offers a more complete picture of how private actors are helping to shape our response to today's most pressing environmental problems.
This book is about what it really means when companies claim to be promoting sustainability and fairness in their global operations.
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.
Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.
Since the UN's creation in 1945 a vast nexus of global and regional institutions has evolved, surrounded by a proliferation of non-governmental agencies and advocacy networks seeking to influence the agenda and direction of international public policy. Although world government remains a fanciful idea, there does exist an evolving global governance complex - embracing states, international institutions, transnational networks and agencies (both public and private) - which functions, with variable effect, to promote, regulate or intervene in the common affairs of humanity. This book provides an accessible introduction to the current debate about the changing form and political significance of global governance. It brings together original contributions from many of the best-known theorists and analysts of global politics to explore the relevance of the concept of global governance to understanding how global activity is currently regulated. Furthermore, it combines an elucidation of substantive theories with a systematic analysis of the politics and limits of governance in key issue areas - from humanitarian intervention to the regulation of global finance. Thus, the volume provides a comprehensive theoretical and empirical assessment of the shift from national government to multilayered global governance. Governing Globalization is the third book in the internationally acclaimed series on global transformations. The other two volumes are Global Transformations: Politics, Economics and Culture and The Global Transformations Reader: An Introduction to the Globalization Debate.
In the past few years, numerous authors have highlighted the emergence of transnational climate initiatives, such as city networks, private certification schemes, and business self-regulation in the policy domain of climate change. While these transnational governance arrangements can surely contribute to solving the problem of climate change, their development by different types of sub- and non-state actors does not imply a weakening of the intergovernmental level. On the contrary, many transnational climate initiatives use the international climate regime as a point of reference and have adopted various rules and procedures from international agreements. Rethinking Authority in Global Climate Governance puts forward this argument and expands upon it, using case studies which suggest that the effective operation of transnational climate initiatives strongly relies on the existence of an international regulatory framework created by nation-states. Thus, this book emphasizes the centrality of the intergovernmental process clustered around the United Nations Framework Convention on Climate Change (UNFCCC) and underscores that multilateral treaty-making continues to be more important than many scholars and policy-makers suppose. This book will be of great interest to students and scholars of global environmental politics, climate change and sustainable development.