Global Rules and Private Actors — Towards a New Role of the Transnational Corporation in Global Governance

2007 ◽  
pp. 3-39 ◽  
Author(s):  
Andreas Georg Scherer ◽  
Guido Palazzo ◽  
Dorothéee Baumann
Keyword(s):  
Global Governance ◽  
Transnational Corporation ◽  
Private Actors

Global Rules and Private Actors: Toward a New Role of the Transnational Corporation in Global Governance

2006 ◽  
Vol 16 (4) ◽  
pp. 505-532 ◽  
Author(s):  
Andreas Georg Scherer ◽  
Guido Palazzo ◽  
Dorothée Baumann
Keyword(s):  
Global Governance ◽  
Global Economy ◽  
Corporate Citizenship ◽  
Transnational Corporation ◽  
Political Activity ◽  
Business And Society ◽  
Corporate Political Activity ◽  
The Social ◽  
Private Actors

Abstract:We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity.

Emerging Informal Network Structures in Global Governance Inside the Anti-Money Laundering Regime

2008 ◽  
Vol 77 (4) ◽  
pp. 509-531 ◽  
Author(s):  
Marie Wilke
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Global Governance ◽  
Governance System ◽  
Public Networks ◽  
Transgovernmental Networks ◽  
The Right ◽  
Private Actors ◽  
Regulatory Decisions

AbstractDuring the last decades a global governance system consisting of various decision-making arenas, shifting regulatory decisions from the domestic to the global level, has emerged. It includes informal but institutionalised transgovernmental networks, private actors such as financial institutions, hybrid private-public networks and enforcement cooperations. This essay argues that the system exhibits a democratic deficit. By analysing this claim based on the 'Anti Money Laundering Regime' (AML regime), in section two it will become clear that the deficit does not just derive from loose procedural problems such as insufficient transparency but in general from the apolitical and rather technical nature of the system itself. Section three will then proceed to analyse proposed reactions, mainly the idea of a global administrative law. However, it will not only consider the immanent critiques, but also address the problem of a functionalised world and raise and discuss the question whether the approach of 'instrumentalising' international law is the right reaction and first and foremost the future role of international law.

Non-state authority and global governance

2010 ◽  
Vol 36 (S1) ◽  
pp. 113-135 ◽  
Author(s):  
DIMITRIOS KATSIKAS
Keyword(s):  
Global Governance ◽  
Analytical Tool ◽  
Transnational Governance ◽  
Private Authority ◽  
Starting Point ◽  
State Authority ◽  
Private Power ◽  
State Governance ◽  
Private Actors

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.

scholarly journals Are There Any Inherently Public Functions for International Law?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 302-306
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Self Determination ◽  
Human Right ◽  
Private Actors

In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.

The Role of Business in Global Governance

2010 ◽  
Author(s):  
Annegret Flohr ◽  
Lothar Rieth ◽  
Sandra Schwindenhammer ◽  
Klaus Dieter Wolf
Keyword(s):  
Global Governance

A migration industry for skilled migrants: the case of relocation services

2018 ◽  
Vol 15 (4) ◽  
pp. 545-559 ◽  
Author(s):  
Florian Tissot
Keyword(s):  
International Schools ◽  
Basic Needs ◽  
Skilled Migration ◽  
Meso Level ◽  
Key Informants ◽  
The Family ◽  
Private Actors ◽  
Migration Industry

The aim of this article is to clarify the role of the organisations that support skilled migrants after a relocation, using the analytical concept of migration industry. The concept is used as a tool to explore the gap between the macro and the micro levels and by that stresses the crucial meso-level when it comes to conceptualizing (skilled) migration. I use 30 semi-directive interviews with skilled migrants and six interviews with key informants in the migration industry as a basis for the analysis, leading me to distinguish three main services at the heart of this industry. Each service is covered by distinct private actors: the basic needs of the family by relocation offices, the education of the children by international schools, and the careers of the partner by outplacement agencies.

Rethinking Private Authority

2013 ◽  
Author(s):  
Jessica F. Green
Keyword(s):  
Green Building ◽  
World Politics ◽  
Multilateral Environmental Agreements ◽  
The Past ◽  
Delegation Of Authority ◽  
Private Authority ◽  
Global Environmental ◽  
Private Actors ◽  
Treaty Implementation

This book examines the role of nonstate actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. It 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, the book 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. The book 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. It 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 the book's arguments. The book 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.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

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