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Index

Published online by Cambridge University Press:  27 July 2023

Edited by
Panagiotis Delimatsis ,
Stephanie Bijlmakers  and
M. Konrad Borowicz
Panagiotis Delimatsis
Affiliation:
Tilburg University, The Netherlands
Stephanie Bijlmakers
Affiliation:
Tilburg University, The Netherlands
M. Konrad Borowicz
Affiliation:
Tilburg University, The Netherlands

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Chapter
Information
The Evolution of Transnational Rule-Makers through Crises , pp. 357 - 362
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Index

3GPP (3rd Generation Partnership Project)
rules of leadership selection, 302–303
accountability, 78–81
through collective oversight, 166
defining and conceptualizing, 221–222
five dimensions of, 222, 230–238
in transnational regulatory regimes, 222–223
accountability framework
weakness at time of Russian doping scandal, 225–227
AFi (Accountability Framework initiative), 148
alignment of values with strategic goals
and ISO, 277–281
anti-doping regime
accountability response, 238–240
at time of Russian doping scandal, 225–227
prior to Russian doping scandal, 223–228
role of state, 227–228
structure, 224
API (American Petroleum Institute), 197
criticisms of role as standard-setter, 203–204
organizational changes
transnational dimension, 217–218
organizational response to DWH accident, 204–205
origins and growth, 198–199
resilience in wake of DWH disaster, 218–219
resistance to governmental safety regulations, 199–200
apparel sector, 157–159
labour governance in Bangladesh, 159–161
Athlete Biological Passports, 227
autonomous agency
capacity and capability for, 317–318
Bangladesh Accord for Building and Fire Safety, 154–156, 159, 161–163, 172–173
as collaborative governance, 159–161
collective action problems, 168–172
collective leverage, 166
collective oversight, 166
highly focused approach, 167
legally enforceable commitment, 164–165
pooling of resources, 166–167
pre-competitive collaboration, 164
transnational co-determination, 163–164
worker voice in, 165–166
Bangladesh RMG sector, 159–161
Barclays
and LIBOR manipulation, 107–108
Basel Accords, 89–90, 119
BBA (British Bankers’ Association), 31, 102
reforms in financial crisis, 106–107
BCBS (Basel Committee of Banking Supervision), 116–119, 129–130
membership, extended, 125–126
peer assessment program, 126–129
resilience
endogenous factors, 125–129
exogenous factors, 122–125
weaknesses, 119–122
Bernstein, S., 177
Bonsucro, 145, 151
break-bulk cargo, 249
BSEE (Bureau for Safety and Environmental Enforcement), 197, 201–203
BSEE-COS co-regulatory scheme, 215–216
oversight of third-party audit scheme, 211–215
role as meta-regulator, 209–211
CAC (collective action clauses), 93–94
capacity and capability
distinction between, 318
CAS (Court of Arbitration for Sport), 225, 236
CDOs (collateralized debt obligations), 63
CENELEC, 327
certification fatigue, 136
Chain of Custody, 146
requirements, 142
China
and the ITU, 67–74
new IP proposal, 71–72
rise of, 287–289
challenge for IEC, 336–338
as global technology leader, 290–296
responses of IEC, 338
China Standards 2035, 70, 291
China Telecom
proposal for facial recognition standards, 72–73
CJEU (Court of Justice of the European Union), 28
clothing sector. See apparel sector
collaboration
in risk mitigation and remediation, 148–152
pre-competitive
and Bangladesh Accord, 164
collaborative governance
Bangladesh Accord, 161
collective action dilemma, 156
collective action problems
and Bangladesh Accord, 168–172
collective leverage
and Bangladesh Accord, 166
consumer movement
rise and resurgence, 339–341
containerization
early days of, 251–254
standardization, 253–256
controllability
and anti-doping regime, 234–236
co-regulation
and SEMS regulations, 207–209
corporations
influence in public standard-setting bodies, 74–76
COS (Center for Offshore Safety)
BSEE-COS co-regulatory scheme, 215–216
creation, 204
governance, 204–205
role in implementing SEMS regulations, 205–207
crises, 2
and resilience, 29–30, 36–37
organizational, 6–7
as critical moments, 155
contours of, 3–6
definition of, 350
as distinct from regulatory failures, 351–355
impact on regulatory processes, 351
TPR responses to, 350–355
types of, 262
democracy, 77
democratic legitimacy, 76–78
derivatives, 52, 60–63
OTC, 63
deterritorialization, 50
DEVPRO (ISO Programme for Developing Countries), 269
creation of, 267
Dodd-Frank Act (2010), 63–64
DSSI (Debt Service Suspension Initiative), 87, 96–98
DWH (Deepwater Horizon) oil spill, 197, 200–201
ecosystem resilience, 23
engineering resilience, 23
European Network for Debt and Development, 98
Europeanization, 28
facial recognition standards, 68
China Telecom proposal, 72–73
Fair Labour Association, 136
Federal Deposit Insurance Corporation, 62
finance, 30–34
and politics, 57–59
Financial Conduct Authority (FCA), 32
financial inclusion, 60
financial instruments and institutions
development of, 59–64
financialization of daily life, 60
flags of convenience, 251
flexibility in standard-setting
of ISO, 270–276
forum shopping, 55
fragmegration, 50
fragmentation, 348
and globalization, 48–56
free riding, 2–3
concept of, 39–40
of private ordering, 22, 39
proactive
transition to, 40–43
FSB (Financial Stability Board), 118–119
FSC (Forest Stewardship Council), 34
Policy for Association, 143–144
G20 (Group of 20), 118–119
Gang of Six, 85, 98
gender equality
in IEC standard-setting, 341
GFSI (Global Food Safety Initiative), 174–176, 346, 348
food safety standards improvements, 187–189
globalization of benchmarking, 189–190
institutionalizing legitimacy, 192–194
legitimacy dynamics, 190–192
openness and transparency, 185–187
pluralization of constituents, 181–185
rise of, 179–181
global governance
material standards in, 256–257
Global South
participation in IEC standard setting, 330–336
GlobalGAP, 179
globalization, 243–244
and fragmentation, 48–56
in scholarship on private lawmaking, 245–246
globalization/fragmentation dialectic, 53
GMO (genetically modified organisms), 146
GSTC (Global Sustainable Tourism Council), 34
heterarchy, 47, 49
uneven, 56
HRDD (human rights due diligence), 134–136
expanding requirements, 143–148
impact on VSS, 143–152
relevant aspects for VSS, 141–143
as threat and opportunity for VSS, 138–141
and VSS, 152–153
Huawei
rise as global technology leader, 290–296
human rights, 81–82
hybridization
of private and public, 53–54
ICT standardization
competition for leadership, 287–289
IEC (International Electrotechnical Commission), 70, 310–313
and consumer movement, 339–341
essential attributes, 314–317
gender equality in standard-setting, 341
resilience
and competition, 325–330
and the Global South, 330–339
learning, 341–342
pursuit of, 319–322
and technological change, 322–325
IEEE-SA (Standards Association of the Institute of Electrical and Electronics Engineers)
rules of leadership selection, 303–304
IETF (Internet Engineering Task Force)
rules of leadership selection, 304–305
IIF (Institute of International Finance), 85–87
in 1980s, 87–89
in 1990s, 89–91
in 2000s, 91–96
during Covid-19 pandemic, 97–98
standard-setting and organizational resilience, 98–100
institutionalization
of accountability framework, 238–239
of legitimacy, 192–194
nested, 239
internet protocols, 71–72
IOC (International Olympic Committee), 220–221, 223
and liability, 233–234
responsiveness, 237–238
at time of Russian doping scandal, 225–227
transparency, 231
ISA (International Federation of the National Standardizing Associations), 264
ISDA (International Swaps and Derivatives Association), 33–34, 113
ISEAL (International Social and Environmental Accreditation and Labelling) Alliance, 34, 152
ISO (International Organization for Standardization), 69–70, 261–262, 311–312, 326
business model, 283–285
institutional structure and governance, 281–283
meeting needs of developing countries, 266–267
origins and growth, 264–266
resilience of, 285–286
traits of resilience, 269–285
ITA (Independent Testing Authority), 235
ITU (International Telecommunication Union), 66
and human rights, 81–82
China’s choice for, 67–71
recent regulatory battles at, 67–74
rules of leadership selection, 301–302
JO-IN (Joint Initiative on Corporate Accountability and Workers’ Rights), 34
legitimacy
democratic, 76–78
democratic vs. expertise-based, 339–341
and GFSI, 190–194
in transnational private rule-making, 176–179
three pillars for, 178
in transnational regulatory regimes, 222–223
leverage
through collective action, 166
liability
and anti-doping regime, 232–234
LIBOR (London Interbank Offered Rate), 31–33
Barclays settlement, 107–110
and BBA reforms, 106–107
origins and evolution, 104–106
reform and replacement, 110–114
scandal, 101–103
manufacturing sector, 34–36
Mashaw’s five parameters of accountability, 221
meta-regulation, 208–209
MMS (Minerals Management Service), 199, 202
monopoly of legitimate violence, 55
MSC (Marine Stewardship Council), 34
NADOs (National Anti-Doping Organizations), 225
NCPs (National Contact Points), 140
neoliberalism
and private collective action, 23–24
new materialist approaches, 256–257
New Vertical Communication Networks, 71
NYSE Euronext, 32
OECD report Compendium of International Organisations’ Practices (2021), 75–76
partnerships
coordination of activities
and ISO, 276–277
pentangles, 57
personalist autocracy, 50
politics
and finance, 57–59
Principles for Stable Capital Flows and Fair Debt Restructuring, 93–96
private collective action
and neoliberalism, 23–24
new theory of, 43–45
private governance
European example, 24–27
private regulators, 2
private regulatory bodies, 21–22
privatization of governance, 55
public standard-setting bodies
influence of corporations, 74–76
RADOs (Regional Anti-Doping Organizations), 225
RCAP (Regulatory Consistency Assessment Program), 126–129
REDD+, 152
regulatory arbitrage, 55
rentier capitalism, 60
resilience, 351–352
concept of, 6–7, 313
and crises, 29–30, 36–37
dark side to, 7
and ecosystems theory, 23–24
principles of
and ISO, 269–285
theoretical sketch of, 317–319
Resolution Stay Protocol, 33
responsibility
and anti-doping regime, 236
responsiveness
of anti-doping regime, 236–238
REVEAL (Resilience and Evolution of Economic Activism and the Role of Law), 3
risk mitigation and remediation
collaboration in, 148–152
RSPO (Roundtable on Sustainable Palm Oil), 144, 146, 150
Russian doping scandal, 221, 228–230
sabotage, 60, 64
SDOs (standards development organizations)
Chinese participation, 287–288, 291–294, 329–330
competition with IEC, 325–330
governance
fragility of, 296–297
models, 297–299
integrity of processes, 299–300
leadership
legal and institutional dimension, 306–308
rules of selection, 300–306
SDRM (Sovereign Debt Restructuring Mechanism), 86, 91–93
sectoral differentiation, 56–57
securitization, 31, 60–63
SEMP (Safety and Environmental Management Program), 199–200
regulations, 201–203, 206
co-regulation, 207–209
regulations II, 206–207
sensors, 323
shadow banking, 62–63
shareholder value capitalism, 60
shipping
pre-containerized, 249–252
SIVs (Structured Investment Vehicles), 63
Social Accountability International, 136
SOFR (Secured Overnight Financial Rate), 111, 113
soft law
difference from TPR, 344
resilience of, 123–124
sovereign debt restructuring
contractual framework
in Covid-19 pandemic, 96–98
SPVs (Special Purpose Vehicles), 63
stakeholder embeddedness, 318
standard-setting
flexibility in, 270–276
and organizational resilience, 99–100
supply chain model, 155
TBT agreement (WTO Agreement on Technical Barriers to Trade), 267–268, 278–279
TPR (transnational private regulation), 1, 343–346
and regulatory failures, 135–138
relationship with public regulators, 347–350
responses to crises, 350–355
way forward, 355–356
tradability
of financial instruments, 60
tragedy of the commons, 156
transnational co-determination
and Bangladesh Accord, 163–164
transnational law, 243
transnational neopluralism, 57
transnational regulatory networks, 117
transnational regulatory space
organization of, 345–347
transparency, 80
of anti-doping regime, 230–232
UN specialized agencies, 66
US Emergency Banking Act (1933), 62
VEA (voluntary economic activism), 22, 40, 43, 45, 253, 306
venue shopping, 54
Vienna Agreement, 277
Voluntary Principles for Debt Transparency, 96
VSS (voluntary sustainability standards), 35–36, 133–135, 137
and HRDD, 152–153
impact of, 143–152
relevant aspects, 141–143
threat and opportunity, 138–141
goals, 138
WADA (World Anti-Doping Agency), 220–221, 223–225
autonomy vis-à-vis IOC, 235–236
and controllability, 234–236
investigation of Russian doping scandal, 228–230
and liability, 233–234
and responsibility, 236
responsiveness, 237–238
at time of Russian doping scandal, 225–227
transparency, 230–231
wearable technologies, 323
worker safety
as collective action problem, 157–159
worker voice
in Bangladesh Accord, 165–166
WTO (World Trade Organization), 349

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  • Index
  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book: The Evolution of Transnational Rule-Makers through Crises
  • Online publication: 27 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009329408.023
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  • Index
  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book: The Evolution of Transnational Rule-Makers through Crises
  • Online publication: 27 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009329408.023
Available formats
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  • Index
  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book: The Evolution of Transnational Rule-Makers through Crises
  • Online publication: 27 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009329408.023
Available formats
×