Voluntary Sustainability Standards: State of the Art and Future Research

In this feature paper, we introduce voluntary sustainability standards (VSS) and canvas the research that has been conducted on VSS from different academic disciplines. We identify four main areas of research on VSS and explore them. First, we focus on research on the institutional design of VSS, which highlights the diversity among VSS. Next, we explore studies that try to assess the impact of VSS on key sustainability dimensions. Third, we zoom in on studies that analyse the uptake or adoption of VSS. Finally, we focus on the interaction between VSS and public policies. For each of the four areas, we summarise the main research findings and identify opportunities for future research.

Socio-Economic Origins of Constitutional Review in Central Asia: Political Economy and Politico-Historical Context as Defining Factors

This article pursues two main objectives. First, to identify the main factors behind the establishment of constitutional review in Central Asia. Second, to define how those factors have shaped the institutional design of constitutional courts. In doing so, this article revisits standard theories of comparative constitutional law in terms of the origin of judicial review. While the insurance theory dominates the present global discourse on judicial review, it cannot completely and accurately account for the origin of constitutional review in Central Asia. Rather, this article conveys that the main impetus and motivation behind the establishment of constitutional courts and their institutional designs has been the economic interests of Central Asian states, determined by the region’s political and historical context.

Resilience to crisis and resistance to change: a comparative analysis of the determinants of crisis outcomes in Latin American regional organisations

Latin American regionalism displays a long history of crises, which have affected almost all regional organisations (ROs) across different waves of regionalism. The article conducts the first comparative analysis of the outcomes of crises in Latin American ROs across time, tackling the following questions: What have been the outcomes of the crises faced by Latin American ROs? Under what conditions does a crisis result in the survival or breakdown of the affected RO in Latin America? We adopt a multi-method approach that combines QCA with process tracing to identify the causal pathways to the survival or breakdown of ROs across a universe of eight crises. The findings show that Latin American ROs have been resilient to crises, which resulted in RO survival in seven cases out of eight. The QCA reveals how the distributive nature of interstate conflicts and the availability of majority voting are both sufficient conditions for Latin American ROs to survive a crisis. Analysis of the outlier case of UNASUR shows that normative conflicts that take place in the absence of majority voting constitute a ‘perfect storm’ configuration that can lead to RO breakdown. The findings also show that Latin America ROs’ tendency to survive crises is associated with the preservation of the status quo in terms of institutional design, which in some cases is achieved through the temporary flexibilisation of existing rules. Differently from the case of the EU, then, the crises of Latin American ROs have not led to the deepening of regional integration, but rather to institutional inertia.

A Battle for Sovereignty

This article examines the role, status and perceptions of the Serbian cultural heritage in Kosovo from both Kosovo Albanian and Serbian perspectives. The analysis focuses on two cases, which attracted particular resistance on each of the two sides: the passing of legislation in the Kosovar parliament in 2012 that aimed to protect Serbian cultural heritage and the 2015 unsuccessful Kosovo bid for unesco membership. Both moments demonstrate how cultural heritage is primarily approached from the statehood perspective and used to additionally deepen inter-ethnic distances. The authors shed more light on the discrepancies between the international peacebuilding efforts and the internationally imposed legal framework, challenging the reduction of the peacebuilding efforts to institutional design, while dominant discourses of both Serbian and Albanian elites essentially deepen the enmity and serve as resistance mechanisms to the international peacebuilding strategies.

Truth and Privilege

Truth and Privilege is a comparative study that brings together legal, constitutional and social history to explore the common law's diverging paths in two kindred places committed to freedom of expression but separated by the American Revolution. Comparing Nova Scotia and Massachusetts, Lyndsay Campbell examines the development of libel law, the defences of truth and privilege, and the place of courts as fora for disputes. She contrasts courts' centrality in struggles over expression and the interpretation of individual rights in Massachusetts with concerns about defining protective boundaries for the press and individuals through institutional design in Nova Scotia. Campbell's rich analysis acts as a lens through which to understand the role of law in shaping societal change in the nineteenth century, shedding light on the essential question we still grapple with today: what should law's role be in regulating expression we perceive as harmful?

Investment Arbitration and the Chimera of an Ideal Adjudicative Community

Investment arbitrators – the men and women who adjudicate investor-State disputes – have become an object of study in their own right. Some stakeholders believe that investment arbitration’s institutional design creates perverse economic incentives, leading arbitrators to adopt strategic behaviours and biasing their decision-making processes. The United Nations Commission on International Trade Law is currently considering different models for reshaping the way adjudicators are selected and appointed. The rationale behind this reform seems to be to recruit a brand-new troupe, replete with new faces. But, more worryingly, there seems to be an obsession with the professional profile of adjudicators: prior experience in the field is increasingly perceived as a handicap, and repeat players are to be avoided like the plague. This article examines the evolution of the college of investment arbitrators and enquires about its potential future as a professional community.

Democratic Constitutions, Electoral Commissions and Legitimacy – The Example of Australia

This article explores the structure, management and institutional design of commissions in Australia and unpacks how these institutions operate within the Australian political landscape. Part 1 looks at the structure of Australian electoral commissions and how they maintain structural independence. Part 2 seeks to better understand Australian electoral institutions, through an examination of how they have manoeuvred administrative and political challenges and emergencies when they have arisen. Finally, Part 3 employs a neo-institutionalist lens to focus on the internal and external dynamics that assist or hinder the operation of commissions in Australia and how legitimacy and institutional trust can be created, maintained and harmed by electoral agencies in the Australian context.

Structural Power in Sustainability Transitions: Case Studies of Energy Storage Integration Into Regional Transmission Organization Decision Processes

Highly technical rules for regional electricity markets shape opportunities for new technologies and the pace of transition to a cleaner and more distributed power system. We compare three case studies of regional transmission organizations and identify common mechanisms that describe the relationship between institutional design and administrative policy decisions. We compare industry actors, old and new, across these case studies to better understand structural power and institutional stability through four mechanisms drawn from the literature: (1) self-reinforcing interests, (2) participation in and position of groups, (3) influence over communication and information, and (4) control over problem framing and pace of decisions. A focus on the mechanisms that operate within RTO governance provides insight into needed RTO governance reform.

Associative Democracy: From ‘the real third way’ back to utopianism or towards a colourful socialism for the 21st century?

Associative Democracy (AD) has been developed as a specific response to statist socialism and neoliberal capitalism, drawing on older traditions such as associationalism, democratic socialism, and cooperative socialism. As the ‘real third way’, it is distinct from neoliberal privatization and deregulation in the Blair–Schröder varieties of social democracy and in the conservative Reagan–Thatcher–Cameron varieties. This article summarizes what seemed to make AD an attractive realist utopia: its combination of economic, societal and political democracy; its focus on democratic institutional pluralism in all these regards; its considered moral/political minimalism; and its practical experimentalism. It recapitalizes some of the important economic, societal and political changes during the last decennia that seem to make AD plainly utopian again. It focuses on an outline of basic principles and institutions of socio-economic alternatives to capitalism because, if neoliberalism rules supreme, no viable alternatives can emerge and grow. Even if there is not one institutional design that fits all countries and contexts, we can show what the basic tenets of such alternatives are and how such a colourful democratic socialism relates to and can integrate other approaches such as ‘circular economy’, ‘foundational economy’ and ‘radical social innovation’. The hope is that AD’s broad institutional pluralism and its emphasis on practical experimentalism show new ways of thinking which are urgently needed for sustainable and socially fair economic development and for renewing representative democracy.

Indigenous Peoples and Multiscalar Environmental Governance: The Opening and Closure of Participatory Spaces

There has been an unprecedented inclusion of Indigenous peoples in environmental governance instruments like free, prior, and informed consent; reducing emissions from deforestation and forest degradation (REDD+) projects; climate adaptation initiatives; and environmental impact assessment. We draw on theories of participatory governance to show how locally implemented processes have been shaped by their interactions with invited, closed, and indigenous-led spaces at multiple scales. Empirically, our article is based on field research in Latin America, semistructured interviews, and a systematic literature review. We find four main barriers that have (re-)produced environmental injustices in environmental governance: first, a lack of influence over the institutional design of governance instruments; second, the exclusion of Indigenous peoples in the domestication of global instruments; third, policy incoherencies constraining the scope for decision-making; and fourth, weak cross-scale linkages between Indigenous-led spaces. This article helps to elucidate constraints of participatory spaces and identify leeway for transformation toward environmental justice.