A Substantive Theory of Transnational Governance

Author(s):  
Tim Bartley

Social scientists have theorized the rise of transnational private authority, but knowledge about its consequences remains sparse and fragmented. This chapter builds from a critique of “empty spaces” imagery in several leading paradigms to a new theory of transnational governance. Rules and assurances are increasingly flowing through global production networks, but these flows are channeled and reconfigured by domestic governance in a variety of ways. Abstracting from the case studies in this book, a series of theoretical propositions specify the likely outcomes of private regulation, the influence of domestic governance, the special significance of territory and rights, and several ways in which the content of rules shapes their implementation. As such, this theory proposes an explanation for differences across places, fields, and issues, including the differential performance of labor and environmental standards.

Author(s):  
Tim Bartley

A vast new world of transnational standards has emerged, covering issues from human rights to sustainability to food safety. This chapter develops a framework for making sense of this new global order. It is tempting to imagine that global rules can and should bypass corrupt, incapacitated, or illegitimate governments in poor and middle-income countries. This assumption must be rejected if we want to understand the consequences of global rules and the prospects for improvement. After showing how a combination of social movements, global production networks, and neoliberalism gave rise to transnational private regulation, the chapter builds the foundations for the comparative approach of this book. The book’s comparative analysis of land and labor in Indonesia and China sheds light on two key fields of transnational governance, their implications in democratic and authoritarian settings, and the problems of governing the global economy through private regulation.


Author(s):  
Alexandra Hughes

This chapter charts the contribution of economic geography to the field of research concerned with corporate social responsibility (CSR) and standards. Following explanation of the historical and political–economic context of CSR and the rise of codes and standards as tools in the private regulation of the global economy, it places the critical spotlight on studies of ethical and labour standards in global supply chains. Within this area, the different critical insights into CSR and standards offered by the global value chains and global production networks frameworks, as well as postcolonial critique, theories of governmentality, and sociologies of standards and marketization, are summarized and debated. Finally, the chapter discusses some of the recent economic, geographical, and regulatory challenges to the ways in which CSR and standards are operating and transforming in practice, from the global economic downturn to the influence of ‘rising powers’ and emerging economies.


Author(s):  
Katharyne Mitchell ◽  
Key MacFarlane

In recent years social scientists have been interested in the growth and transformation of global cities. These metropolises, which function as key command centers in global production networks, manifest many of the social, economic, and political tensions and inequities of neoliberal globalization. Their international appeal as sites of financial freedom and free trade frequently obscures the global city underbelly: practices of labor exploitation, racial discrimination, and migrant deferral. This chapter explores some of these global tensions, showing how they have shaped the strategies and technologies behind urban crime prevention, security, and policing. In particular, the chapter shows how certain populations perceived as risky become treated as pre-criminals: individuals in need of management and control before any criminal behavior has occurred. It is demonstrated further how the production of the pre-criminal can lead to dispossession, delay, and detention as well as to increasing gentrification and violence.


10.1068/a3788 ◽  
2005 ◽  
Vol 37 (11) ◽  
pp. 1903-1918 ◽  
Author(s):  
David P Angel ◽  
Michael T Rock

In this paper we examine the emergence of firm-based global environmental standards as an approach to managing the environmental performance of complex global production networks. Firm-based global environmental standards exist when a firm defines a uniform set of process and product environmental performance requirements that must be adhered to by all of a firm's facilities around the world, even if these firm-based standards exceed the requirements of local and national environmental regulations. We identify increasingly stringent end-market environmental regulation, as well as growing concern over the need to protect a firm's reputational capital and operating legitimacy, as two key drivers of the adoption of firm-based environmental standards. Our analysis suggests, however, that firms are responding to these external drivers in part because of the characteristics of global production networks—a production form that depends on the ability to produce from any manufacturing plant to any end market. The paper examines the impact of firm-based environmental standards through case studies of a cement plant in Thailand and an electronics manufacturing plant in Penang, Malaysia. In line with the literature on new institution economics, the case studies demonstrate that firm-based standards are providing a platform for learning and innovation within the firm.


Author(s):  
Michael T. Rock ◽  
David P. Angel

How successful are multinational corporations (MNCs) in extending their firm-based environmental standards to their wholly owned subsidiaries and local suppliers, particularly the small and medium sized firm suppliers in developing economies who operate as part of the global production networks of MNCs? Three developments suggest this is not an idle question. To begin with, the economic influence of MNCs is simply staggering. As Dowell et al. (1999: 4) state, the intra-firm transactions of the more than 40,000 MNCs with approximately 250,000 affiliates worldwide account for about 40% of world trade; foreign direct investment is roughly five times official development assistance, and the sales of the ten largest MNCs are larger than the GNP of the 100 poorest countries. This suggests that MNCs along with their affiliates and their suppliers have the potential for exerting substantial influences on local, national, regional, and global environments. Because most of the value added and employment in industry in most developing countries, including the developing economies of East Asia, is accounted for by small and medium sized firms that lie beyond the reach of most governments’ environmental regulatory agencies and because we suspect that the most viable path to technological upgrading and environmental improvement in the low income economies lies in finding ways to increase the participation of indigenous small and medium sized enterprises (SMEs) in the global value chains of multinationals, it is important to ask whether an upgrading strategy based on linking indigenous SMEs to the global value chains of MNCs can also be used to affect the environmental performance of SMEs. While not all the SMEs in any one developing economy are ever likely to be reached through the supply chains of MNCs, there is substantial evidence that governments working in concert with MNCs in vendor development programs linking SMEs to MNCs in some places such as Taiwan Province of China, Malaysia, and Singapore have affected the technological upgrading activities of indigenous small and medium sized firms. To date, there is little rigorous evidence to suggest that these vendor development programs have affected the environmental behavior of small and medium sized firms in the East Asian newly industrializing economies.


Author(s):  
Tim Bartley

Activists have exposed startling forms of labor exploitation and environmental degradation in global industries, leading many large retailers and brands to adopt standards for fairness and sustainability. This book is about the idea that transnational corporations can push these rules through their global supply chains, and in effect, pull factories, forests, and farms out of their local contexts and up to global best practices. For many scholars and practitioners, this kind of private regulation and global standard-setting can provide an alternative to regulation by territorially bound, gridlocked, or incapacitated nation states, potentially improving environments and working conditions around the world and protecting the rights of exploited workers, impoverished farmers, and marginalized communities. But can private, voluntary rules actually create meaningful forms of regulation? Are forests and factories around the world being made into sustainable ecosystems and decent workplaces? Can global norms remake local orders? This book provides striking new answers by comparing the private regulation of land and labor in democratic and authoritarian settings. Case studies of sustainable forestry and fair labor standards in Indonesia and China show not only how transnational standards are implemented “on the ground” but also how they are constrained and reconfigured by domestic governance. Combining rich multi-method analyses, a powerful comparative approach, and a new theory of private regulation, this book reveals the contours and contradictions of transnational governance.


2020 ◽  
Vol 16 (1) ◽  
pp. 95-117
Author(s):  
Anna Beckers

AbstractReviewing the burgeoning legal scholarship on global value chains to delineate the legal image of the global value chain and then comparing this legal image with images on global production in neighbouring social sciences research, in particular the Global Commodity Chain/Global Value Chain and the Global Production Network approach, this article reveals that legal research strongly aligns with the value chain image, but takes less account of the production-centric network image. The article then outlines a research agenda for legal research that departs from a network perspective on global production. To that end, it proposes that re-imagining the law in a world of global production networks requires a focus in legal research on the legal construction of global production and its infrastructure and a stronger contextualization of governance obligations and liability rules in the light of the issue-specific legal rules that apply to said infrastructure.


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