Harnessing Private Regulation

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.

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Transnational Standards and Empty Spaces

10.1093/oso/9780198794332.003.0001 ◽

2018 ◽

Author(s):

Tim Bartley

Keyword(s):

Global Economy ◽

Comparative Approach ◽

Transnational Governance ◽

Production Networks ◽

Global Production Networks ◽

Global Order ◽

Private Regulation ◽

Middle Income ◽

Middle Income Countries ◽

Making Sense

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.

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Rules without Rights

10.1093/oso/9780198794332.001.0001 ◽

2018 ◽

Cited By ~ 65

Author(s):

Tim Bartley

Keyword(s):

Best Practices ◽

Comparative Approach ◽

Global Supply Chains ◽

Transnational Governance ◽

Private Regulation ◽

Marginalized Communities ◽

Nation States ◽

Labor Exploitation ◽

Local Contexts ◽

The World

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.

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