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1 – 10 of over 3000The need for food safety and food quality standards is acknowledged by public regulators, private actors, and the society. The purpose of this paper is to identify the types of…
Abstract
Purpose
The need for food safety and food quality standards is acknowledged by public regulators, private actors, and the society. The purpose of this paper is to identify the types of actors in the multilevel transnational food chain regulatory governance and how their interlinking affects regulatory outcomes over time.
Design/methodology/approach
Food chain regulatory standards emerge within a complex process beyond the state. Based on interdisciplinary theoretical perspectives, namely regulatory governance and political economy, this paper provides a integrative framework of analysis by identifying the types of actors and their interactions in the food chain regulatory governance.
Findings
Food chain regulatory standards setting have been mainly studied either from the public regulator or the firm self-regulating point of view. This paper demonstrates how the political and economics dynamics of the interactions among public and private actors operate within the transnational food standards setting process. The study identifies the groups of interdependent actors (public and private) that interact within the transnational food chain regulatory process and develop public-private regulations, self-regulations, and co-regulations over time. In this process, the actors’ different power, operational and regulatory capacity, experience, resources affect the regulatory outcome with socio-economic and governance implications.
Research limitations/implications
The paper does not examine in detail how these interactions operate empirically on specific regulations.
Practical implications
The paper offers an integrative thorough understanding of the food chain regulatory standard setting process, relevant for academics, policy makers, the industry, and society.
Originality/value
The paper constitutes new research by identifying the actors and interactions in the integrative regulatory governance of the food chain standards.
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Doron Goldbarsht and Hannah Harris
This paper aims to explore the case of counter-terrorist financing (CTF) within the transnational regulatory network (TRN) of the Financial Action Task Force (FATF). The paper…
Abstract
Purpose
This paper aims to explore the case of counter-terrorist financing (CTF) within the transnational regulatory network (TRN) of the Financial Action Task Force (FATF). The paper demonstrates how the structure and operation of the FATF reflect those of a TRN and shows how the FATF has been successful in securing formal compliance with CTF policies.
Design/methodology/approach
The paper stresses that formal compliance does not guarantee actual compliance or effective enforcement. It is argued that the FATF and the CTF regime must balance concerns for legitimacy with those of flexibility and efficiency. Traditionally, TRNs have focused on flexibility, efficiency and informal cooperation over legitimacy. This paper demonstrates that legitimacy concerns cannot be ignored.
Findings
A lack of legitimacy may ultimately result in non-compliance and ineffectiveness. On this basis, current efforts to build legitimacy through the FATF are noted but deemed insufficient. If this balance is not struck, the FATF may be doomed to failure through an overreliance on coercive methods. Particularly in the case of CTF, coercion is insufficient for meaningful compliance. Global enforcement by diverse states is a necessary condition for the success of the regime.
Originality/value
This paper will fill the gaps existing in the literature by examining CTF, as well as the FATF as an example of TRN. This approach differs from other literature in the field, which deals solely with the effectiveness of the FATF and the global CTF without considering the effect of legitimacy on compliance.
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The purpose of this paper is to extend research on contemporary forms of oversight surrounding professional work in an era characterized by increased skepticism regarding…
Abstract
Purpose
The purpose of this paper is to extend research on contemporary forms of oversight surrounding professional work in an era characterized by increased skepticism regarding professional claims and the rise of independent regulatory authorities. The authors investigate the interplay between key actors as well as the shifting role boundaries in a distinct regulatory space, following the introduction of a new public oversight framework.
Design/methodology/approach
The analysis draws on the notions of regulatory space and boundary work to better understand the development of independent audit oversight in France. The authors adopted an interpretive approach to conduct a longitudinal case study based on 33 interviews and documentary data produced from 2003 to 2012.
Findings
The study provides a narrative of the boundary work carried out by the French audit profession as it tried to reinvent its role in the new regulatory order. In the case, boundary work engendered a hybrid regulatory pattern, named “co-regulation,” reflecting both the logic of independent regulation and the logic of self-regulation. The main consequence of this is that zones of mutual involvement were constructed – thereby suggesting that to become a reality, independent oversight of professional work needs to accept some operational dependence from professionals.
Originality/value
The study illustrates the elusiveness of boundaries surrounding actors’ role within contemporary forms of professional regulation. More generally, hybrid development suggests that professions are proactive and, to some extent, successful when it comes to developing alliances and manipulating changes within their regulatory space.
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Concerns on money laundering (ML) and terrorist financing increased, as ML accounted 2%–5% of the global GDP, with Switzerland, the USA, Canada, India and Russia having high…
Abstract
Purpose
Concerns on money laundering (ML) and terrorist financing increased, as ML accounted 2%–5% of the global GDP, with Switzerland, the USA, Canada, India and Russia having high laundering rates. Banks were fined over US$320bn in 2008, but money laundering still accounted for 3.6% of global GDP in 2009, thereby indicating the need for effective regimes. Therefore, this study aims to critically analyze the antimoney laundering (AML)/CFT regime of Somalia, identify loopholes in the regime, raise awareness and propose recommendations for regime improvement.
Design/methodology/approach
The qualitative research approach is used to compare Somalia’s AML/CFT regime with the corresponding regime of Malaysia through the black letter method combined with document analysis. Malaysia is selected as a benchmark for two reasons: firstly, it is an Islamic country like Somalia, and secondly, Malaysia has complied with integrity-related standards.
Findings
This study revealed that an impactful AML/CTF regime is reached by closing loopholes in the law, reevaluating and improving regulatory agencies and measures, facilitating formal financial services and collaborating with regional and international standard setters. According to the results, Somalia AML/CFT regime is counterproductive in criminalizing offenses; regulating digital currencies and mobile money, disclosures and nonfinancial business and provisions; and governing training requirements for regulatory agencies and financial institutions.
Originality/value
To the best of the author’s knowledge, this paper is the first of its kind in the study of Somalia’s regime building. Also, this study incorporates rich scholarly discourse on effective regime building.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Nathan Lillie and Miguel Martínez Lucio
Capital, through its practices and narratives of global competition, is able to play unions in different locations off against one another through the construction and…
Abstract
Purpose
Capital, through its practices and narratives of global competition, is able to play unions in different locations off against one another through the construction and exploitation of difference. Trade unions and their activists have responded through formal institutional responses and with new forms of network‐based cooperation which is, at best, limited to action supported by the interests of union actors involved at a given juncture. This article seeks to argue that these forms of organizational responses are in themselves insufficient to allow unions to overcome the prisoner's dilemma inherent in their operating at a lower geographic level than capital.
Design/methodology/approach
The paper brings together ideas and insights from various interventions made by the authors and is a based on a review of a large part of the literature.
Findings
To regain control over labour markets would require either more systematic and structured union organizations of a transnational scope or a more concerted attempt at new forms of networking and the construction of a convincing radical counter‐narrative to that of global capitalist competition. The paper also argues that on close inspection the internationalization of capital itself exhibits significant Achilles Heels and may actually facilitate these new labour developments.
Practical implications
The paper argues that trade unions need to build their international coordinating strategies through a range of democratic and participative approaches. It also claims that transnational corporations are much more exposed by globalization than many commentators admit, trade unions and worker activists can and do exploit these gaps.
Social implications
The power of transnational corporations fails to create consistent regimes of regulation and social progress. These in turn create a series of evasive strategies that do not contribute to consistent international dialogue.
Originality/value
The article asserts that the network structure of transnational labour unionism is in itself an ineffective response to capitalist globalization and the narrative of global competition.
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This contribution conceptualizes the politicization of MNCs from outside – the processes by which MNCs become confronted with demands for regulation and engage in political…
Abstract
This contribution conceptualizes the politicization of MNCs from outside – the processes by which MNCs become confronted with demands for regulation and engage in political contestation with other non-state actors. It compares two global industries, athletic footwear and toys, to show that the dynamics of politicization follow different trajectories, which are only partially to explain with structural differences across industry fields. If politicization leads to increasing political functioning of business or to a depoliticization of criticism depends to a great extend on the agency of business and their capacity to strategically counter mobilization, but also on the difficulties for activist to construct continuing collective action across a diverse range of cultural-institutional settings.
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The purpose of this paper is to discuss the impact of Global Electronic Commerce (GEC) on transnational regulatory governance and to suggest a novel way of understanding its…
Abstract
Purpose
The purpose of this paper is to discuss the impact of Global Electronic Commerce (GEC) on transnational regulatory governance and to suggest a novel way of understanding its implications for national and transnational governance structures.
Design/methodology/approach
The paper has two components. The first part endeavours to establish a basis from which to observe regulatory governance of GEC and, in doing so, suggests a framework that draws together the relevant elements of transnational GEC governance. The second part examines the central determinants in shaping a functioning framework for GEC, namely, copyrights, data privacy protection and jurisdiction.
Findings
The findings are twofold. Owing to limitations deriving from institutional structural divergences; variations in cultural, political and commercial interests; and the relative power of non‐state actors, the cases first indicate how GEC has made multilateral negotiations between states more complex. Second, given the complexity of cross‐border governance and the variation in interests across its regulatory subsectors, GEC calls for an increasing degree of cultural harmonization across all regulatory subsectors.
Originality/value
In the absence of major views or paradigms, a novel approach to understanding the regulatory governance of GEC between states is a welcome addition to the study of transnational governance. Such an approach seeks to elucidate the impact of GEC on the development of transnational regulatory mechanisms, on the one hand, and the transformations that the governance of GEC imposes on transnational negotiation processes, on the other hand. It also seeks to understand how these underpinnings affect formation of holistic governance structures for GEC.
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Markus Helfen, Elke Schüßler and Sebastian Botzem
Corporate elites are increasingly held responsible for issues of sustainability including working conditions and workers’ rights in global production networks. We still know…
Abstract
Corporate elites are increasingly held responsible for issues of sustainability including working conditions and workers’ rights in global production networks. We still know relatively little about how they respond to concrete stakeholder initiatives aiming to restrict corporate voluntarism through transnational regulation. In this paper we report comparative findings on corporate legitimation strategies in response to requests by labor representatives to sign Global Framework Agreements (GFAs). These agreements are intended to hold multinational corporations (MNCs) accountable for the implementation of core labor standards across their supply chains. We propose to broaden management-focused analyses of corporate legitimation strategies by applying a field-oriented perspective that considers the embeddedness of management in a broader web of strategic activity and variable opportunity structures. Our findings suggest that legitimation strategies are developed dynamically along with the rules, positions, and understandings developing around specific regulatory issues in sequences of interactions between elites and challenging groups.
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As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging…
Abstract
As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging practices of legal mobilization in response to global governance through a case study of the “right to food sovereignty.” The claim of food sovereignty has been mobilized transnationally by small-scale food producers, food-chain workers, and the food insecure to oppose the liberalization of food and agriculture. The author analyzes the formation of this claim in relation to the rise of a “network imaginary” of global governance. By drawing on ethnographic research, the author shows how activists have internalized this imaginary within their claims and practices of legal mobilization. In doing so, the author argues, transnational food sovereignty activists co-constitute global food governance from below. Ultimately, the development of these practices in response to shifting forms of transnational legality reflects the enduring, mutually constitutive relationship between law and social movements on a global scale.
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