Hybrid laws: constitutionalizing private governance networks

s.a.: Das Recht hybrider Netzwerke. Zeitschrift für das gesamte Handelsrecht und Wirtschaftsrecht 165, 2001, 550-575.. Italienische Fassung: Diritti ibridi: la costituzionalizzazione delle reti private di governance. In: Gunther Teubner, Costituzionalismo societario. Armando, Roma 2004 (im Erscheinen)

Contracting worlds : the many autonomies of private law

Deutsche Fassung: Vertragswelten: Das Recht in der Fragmentierung von private governance regimes. Rechtshistorisches Journal 17, 1998, 234-265. Italienische Fassung: Mondi contrattuali. Discourse rights nel diritto privato. In: Gunther Teubner, Diritto policontesturale: Prospettive giuridiche della pluralizzazione dei mondi sociali. La città del sole, Neapel 1999, 113-142. Portugiesische Fassung: Mundos contratuais: o direito na fragmentacao de regimes de private governance. In: Gunther Teubner, Direito, Sistema, Policontexturalidade, Editora Unimep, Piracicaba Sao Paolo, Brasil 2005, 269-298

Carrots and Sticks in Private Climate Governance

When public governance fails to address important environmental threats— such as climate change—private governance by firms, not-for-profits, individuals, and households can produce significant reductions in greenhouse gas emissions. Private governance can take the form of either a carrot or a stick, using incentives or punishments. Shareholder activism as a form of private governance of corporations has largely been confrontational, leading most climate-related actions to fail. This Article examines the potential for private governance to take a more collaborative approach and to frame shareholder engagement with management in terms of opportunity. It also examines private governance successes at reducing household emissions and finds that these too emphasize making it attractive and convenient for households to act

Keynote: Motivating Private Climate Governance: The Role of the Efficiency Gap

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set quantified greenhouse gas (GHG) emissions targets and are adopting policies to reduce emissions, almost two-thirds of United States GHG emissions arise from the thirty states that do not have GHG targets. Private governance initiatives offer an opportunity to fill the gap

The internet and public–private governance in the European Union

The EU plays a significant role in public policy aspects of Internet governance, having created in the late 1990s the dot eu Internet Top Level Domain (TLD). This enables users to register names under a European online address label. This paper explores key public policy issues in the emergent governance system for dot eu, because it provides an interesting case of new European transnational private governance. Specifically, dot eu governance is a reconciliation resulting from a governance cultural clash between the European regulatory state and what can be described broadly as the Internet community. The EU has customised the governance of dot eu towards a public–private dispersed agencification model. The paper extends the evidence base on agencification within trans-European regulatory networks and the emergence of private transnational network governance characterised by self-regulation

On \u3cem\u3ePrivate Governance\u3c/em\u3e

Edward Peter Stringham’s book Private Governance: Creating Order in Economic and Social Life (2015) is a compelling defense of the proposition that private governance is more widely used and more effective than most people think. Stringham looks to history to see how people solved problems of fraud and cheating without government intervention and provides example after compelling example to contradict the strong claim that a government or any third-party enforcer is necessary for voluntary exchange. While Stringham doesn’t take on the tough problem that private governance is not sufficient for its task, his book is intended to be the beginning, not the end, of thinking about private governance

Keeping private governance private: is FIFA blackmailing national governments?

Governance by non-state actors has received increased attention. However, it is still controversial to what extent private governance regimes operate in an effective ‘shadow of hierarchy’. We focus on international football where a private governance regime actively claiming autonomy from public authorities has been established since 1904. We provide comparative case study evidence that FIFA as football’s global regulator has been able to force national governments and regulators to abandon interference in football’s matters even in case of blatant failures of private governance. Research supports the claim that private regimes providing unique governance contributions represent an institutional equilibrium able to resist challenges. Moreover, private governance arrangements that generate positive feedbacks for political stakeholders can shape their political environment. FIFA’s victories are highly problematic since they discourage national governments to fight misconduct in sport while it can be doubted that private governance alone can deal with the regulatory problems at stake

Private Governance Responses to Climate Change: The Case of Global Civil Aviation

This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten emitting country. National and international governmental bodies have taken important steps to address civil aviation, but the measures adopted to date are widely acknowledged to be inadequate. Civil aviation poses particularly difficult challenges for government climate mitigation efforts. Many civil aviation firms operate globally, emissions often occur outside of national boundaries, nations differ on their respective responsibilities, and demand is growing rapidly. Although promising new technologies are emerging, they will take time to develop and adopt. This Article argues that private initiatives can overcome many of these barriers. Private initiatives can motivate civil aviation firms to act absent government pressure at the national level and can create pressure for mitigation that transcends national boundaries. The Article argues that it is time to develop a private climate governance agenda for civil aviation and identifies examples of the types of existing and new initiatives that could be included in the effort. If public and private policymakers can overcome the tendency to focus almost exclusively on public governance, private initiatives can yield large and prompt emissions reductions from global civil aviation, buy time for more comprehensive government measures, and complement the government measures when they occur

Fracking, Federalism, and Private Governance

The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency. Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and then uses a concrete policy proposal — the development of sustainable shale gas credits — to argue that these private entities are well positioned to facilitate the development and horizontal and vertical diffusion of innovative public governance strategies. In other words, these entities are fulfilling the experimentation function once assigned to states in so-called “laboratory federalism.” The Paper ends on a cautionary note, however. Private governance efforts often suffer from a lack of openness, balance, and accountability. Worse, there is reason to fear that familiar procedural reforms aimed at fixing those problems for public agencies may work far less well in the private context

Using a Policy Mix for Pollution Control – A Review of Economic Literature

This article provides a review of economic studies analyzing the use of multiple policies – a socalled policy mix – to cope with single pollution problems. To guide and structure the review, an analytical framework is developed and applied. The framework integrates transaction costs into the analysis of pollution problems and policies to overcome them. Moreover, it understands a pollution externality not only as a market failure but more generally as the failure of private governance structures. Based on this insight, two rationales for using a policy mix are identified. First, a policy mix may help to correct for multiple reinforcing failures of private governance structures, such as pollution externalities and technological spillovers. Second, a policy mix can be employed if the implementation of single first-best policies brings about high transaction costs – e.g., when marginal pollution damages are heterogeneous or polluters are unlikely to comply with the policy. For each rationale, the relevant literature is presented. Based on the review, avenues for future research are identified.policy mix, review, environmental policy, pollution control, externality, transaction costs, Coase