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New Governance & Legal Regulation: Complementarity, Rivalry, and Transformation

Published on May 24, 2007
David M. Trubek23
Estimated H-index: 23
Louise G. Trubek10
Estimated H-index: 10
New approaches to regulation have emerged to deal with inadequacies of traditional command and control systems. Such "new governance" mechanisms are designed to increase flexibility, improve participation, foster experimentation and deliberation, and accommodate regulation by multiple levels of government. In many cases, these mechanisms co-exist with conventional forms of regulation. As new forms of governance emerge in arenas regulated by conventional legal processes, a wide range of configurations is possible. The purpose of this Article is to provide a preliminary mapping of such relationships, using examples drawn from the European Union and the United States. When traditional law and new governance are yoked together in a hybrid form, we might speak of a real transformation in the law. In other cases, systems of law and new governance may exist in parallel but not fuse together. Where both systems co-exist but do not fuse, there are numerous possible configurations and relationships among them. One might launch the other, as when formal law is used to mandate a new governance approach. Or, they might operate independently yet both may have an effect on the same policy domain. Finally, in some areas one system may take over the field, either because new governance methods replace traditional law altogether, or because opposition to innovation halts efforts to employ new approaches.
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  • Citations (57)
Cited By57
Published in Forest Policy and Economics 3.10
Aurelian Mbzibain3
Estimated H-index: 3
(University of Wolverhampton),
Symphorien Ongolo4
Estimated H-index: 4
(GAU: University of Göttingen)
Abstract The consequence of state controlled forestry in Cameroon has been the overexploitation of forest resources often in conflict with local forest dependent communities and state conservation objectives. The failure of state controlled forestry to achieve sustainable forest management has led to the emergence of new network like arrangements amongst which is independent forest monitoring (IFM) by civil society. The aim of this paper is to scrutinize the factors which affect the effectivenes...
Published on Jul 1, 2018in Journal of Accounting and Public Policy 2.27
Danielle McConville5
Estimated H-index: 5
('QUB': Queen's University Belfast),
Carolyn J. Cordery11
Estimated H-index: 11
(Aston University)
Abstract Internationally, there are strong calls for charities’ formal annual reporting to include non-financial performance information. Without the international standards common in other sectors, national accounting standard-setters often regulate charities’ reporting. Lacking evidence on approaches to encouraging/mandating charity performance reporting, and the effectiveness of these approaches, we ask: “How have different jurisdictions responded to calls for increasing performance reporting...
Published on Mar 1, 2018in Crime Law and Social Change 0.95
Mark T. Nance5
Estimated H-index: 5
(NCSU: North Carolina State University)
Most explanations of the Financial Action Task Force argue that material coercion plays a key role in the consolidation and diffusion of the global anti-money laundering regime. This paper looks carefully at the decision-making within FATF and argues that, at its most impactful, FATF operates in line with the principles of “experimentalist governance.” Experimentalism emphasizes broad, participatory standard setting, contextualized implementation, intensive but diagnostic monitoring, and routini...
Published on Jul 1, 2017in Journal of Business Ethics 3.80
Mia Mahmudur Rahim7
Estimated H-index: 7
(UniSA: University of South Australia)
Developing countries need to reform legislation to ensure the global supply firms in ready-made garment (RMG) industry is adequately addressing obligations of social responsibility. Literature typically focuses on strategies for raising responsible standards in global buying firms within the RMG industry, but fails to focus on implementing strategies for suppliers in developing countries. This article addresses this gap by specifically focusing on the RMG industry in Bangladesh, the home of the ...
Published on Jan 1, 2017
Muhammad Azeem (LUMS: Lahore University of Management Sciences)
Chapter six summarizes the argument that the judiciary as a state institution is inherently limited in its emancipatory value, and as facilitating the reproduction of state and political inequality. This claim has serious bearing on the central role that is given to the judiciary in development by the World Bank, USAID and other powerful ‘stakeholders’, as also by local actors and civil society. The implications of this argument is briefly linked to theoretical schools within the critical legal ...
Published on Jan 1, 2016in Law & Policy 1.46
Cameron Holley8
Estimated H-index: 8
(UNSW: University of New South Wales)
Since the 1980s there have been significant shifts from traditional environmental enforcement toward networks, cooperation, and more pluralized forms of governance. The most recent iterations of these new approaches are increasingly characterized as New Environmental Governance (NEG). A range of common characteristics that include collaboration, participation, adaptation, and nonbinding guidelines and agreements define NEG approaches. Despite a growing NEG literature, it is unclear whether and h...
Published on Jan 1, 2016
Marlese von Broembsen (UCT: University of Cape Town)
This chapter focuses on tensions and regulatory gaps impacting public procurement reform in the private sector (supply chain) doing business with government in South Africa. Through a careful examination of supply chain practices based on fieldwork, Von Broembsen documents opportunities that public procurement legislations create for black suppliers and demonstrates that formal rather than substantive empowerment is being met. Analysis of the operative dynamics of the “law-politics-business” mat...
Published on Jun 8, 2015in Regulation & Governance 2.79
Greg Distelhorst8
Estimated H-index: 8
(University of Oxford),
Richard M. Locke21
Estimated H-index: 21
(Brown University)
+ 1 AuthorsHiram M. Samel3
Estimated H-index: 3
(University of Oxford)
Poor working conditions in global supply chains have led to private initiatives that seek to regulate labor practices in developing countries. But how effective are these regulatory programs? We investigate the effects of transnational private regulation by studying Hewlett-Packard's (HP) supplier responsibility program. Using analysis of factory audits, interviews with buyer and supplier management, and field research at production facilities across seven countries, we find that national contex...
Published on Feb 27, 2015
Colleen Sheppard6
Estimated H-index: 6
(McGill University)
English Abstract: Socio-economic inequality and poverty constitute critical human rights challenges in an increasingly globalized world. Not only do they result in material inequities that affect everyday life; they also undermine psychological and social well-being. In this article, issues of economic injustice and social exclusion are examined through the lens of constitutional rights. It explores three different dimensions of the nexus between economic justice and constitutionalism, including...