This paper examines the UK’s response to a recent European Clinical Trials Directive, namely the Department of Health, Central Office for Research Ethics Committee guidance, Governance Arrangements for NHS Research Ethics Committees. The revisions have been long awaited by researchers and research ethics committee members alike. They substantially reform the ethical review system in the UK. We examine the new arrangements and argue that though they go a long way toward addressing the uncertainty surrounding ethics committee function, (...) the system favours the facilitation of research over the protection of the dignity and welfare of research participants. (shrink)

In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research and industrial (...) needs, governance arrangements beyond the state have addressed the challenge head-on. This article focuses on the governance arrangements of the International Organization for Standardization (ISO), which has led to the development of numerous “horizontal anticipatory standards” with an important role in setting the foundation for science, technology and market development. During the course of its operation ISO has broadened its scope to address not only technical issues related to the concept and the size of nanomaterials but also broader aspects of the technology, including health, environment and safety issues. The increasing relevance of the ISO to regulate economic relations and achieve certain public policy goals has given rise to many concerns about its legitimacy. The important questions are whether these governance arrangements may be deemed as being legitimate and where this legitimacy is derived from? What are the main sources of legitimacy at the transnational level and how we can apply them to analyse nanotechnology standardization? This article provides concise answers to these questions. It focuses at the normative concepts of democratic and scientific legitimacy and explores the institutional structures and processes by which nanotechnology standards are established. (shrink)

This, the third seminar organised by the AREC university sector committee, included short presentations followed by parallel workshops. These proposed and explored basic principles for ethical review in the context of current models within the university REC sector. In this report, following an introduction, each of the speakers/workshop leaders summarizes their own perspective on the issues raised and discussed.

BackgroundBiobanks have recently been established in several low- and middle-income countries in the Arab region of the Middle East. We aimed to explore the views of biobank managers regarding the challenges, ethical issues, and governance arrangements of their biobanks.MethodsIn-depth semi-structured qualitative interviews were conducted with a purposive sample of eight biobank managers from Egypt, Jordan, and Sudan. Interviews were performed either face-to-face, by phone, or via Zoom and lasted approximately 45–75 min. After verbal consent, interviews were recorded and (...) then transcribed. The authors performed a thematic analysis of the transcripts independently and then integrated the themes via a consensus process.ResultsBiobank managers discussed the main challenges in establishing their biobanks. These included the staff’s lack of experience and training, limited funds, deficit awareness of biobanks, obtaining funding from different sources. Only four reported they were active in distributing biospecimens and health data to researchers. Six biobanks used a broad consent model, one used tiered consent, and another allowed participants to opt-out of being recontacted. Five managers avoided partnerships with pharmaceutical companies due to concerns with unfavorable reactions from the community. Five managers did not have clear policies for returning research results to the donors. Five expressed challenges with sample and data sharing with international collaborators; all five used material transfer agreements. The biobank managers revealed variable governance arrangements and activities with community involving awareness and educational efforts rather than active engagement. Several expressed the importance of transparency with the operations of their biobanks and gaining the trust of their stakeholders.ConclusionManagers of biobanks in LMICs in the Arab Middle East encounter financial, operational, and social challenges toward their sustainability efforts. Discussions with key stakeholders are warranted to manage ethical issues involving informed consent, privacy, data sharing, and the return of results. We recommend that biobank managers in the Arab Middle East form collaborative networks within the region and internationally, develop trusting governance relationships with their stakeholders, and pursue engagement activities with their communities to enhance trust. (shrink)

The consumption of halal food may be seen as an expression of the Muslim identity. Within Islam, different interpretations of ‘halal’ exist and the pluralistic Muslim community requests diverse halal standards. Therefore, adaptive governance arrangements are needed in the halal food market. Globalization and industrialization have complicated the governance of halal food. A complex network of halal governors has developed from the local to the global level. In this paper, we analyze to what extent halal certification bodies (...) in the Netherlands address the needs of the Muslim community and how they are influenced by international halal governance. The Netherlands serves as a case study with its growing Muslim community and its central position in international trade. The data comes from literature review and eleven qualitative semi-structured interviews with the most prominent actors in the Dutch halal governance system. Our analysis shows that the halal governance system in the Netherlands is weakly institutionalized and hardly adaptive to the needs of a heterogeneous Muslim community. Improvements are needed concerning stakeholder engagement, transparency, accessibility, impartiality and efficiency. (shrink)

In this article I provide a critical perspective on governing the global corporation. While the papers in the 2009 special issue of Business Ethics Quarterly explore the political role of corporations I argue that they lack a sophisticated analysis of power acrossinstitutional and actor networks. The argument that corporate engagement with deliberative democracy can enhance the legitimacy of corporations does not take into account the effects of institutional, material and discursive forms of power that determine legitimacycriteria. As a result corporate (...) versions of citizenship mediate versions of social responsibility and morality, which are reflected in the institutional and political economic norms that are produced by this power/knowledge. In order to overcome the limits of corporate social responsibility there is a need to develop more democratic forms of global governance of corporations. A radical revisioning of democratic governance would also need to overcome the limits posed by sovereignty and would require new forms of multi-actor and multi-level translocal governance arrangements in an attempt to create forms of power that are more compatible with the principles of economic democracy. (shrink)

Food retailers are powerful actors of the agro-industrial food system. They exert strong lock-in effects that hinder transitions towards more sustainable agri-food systems. Indeed, their marketing practices generally result in excluding the most sustainable food products, such as local, low-input, small-scale farmers’ products. Recently in Belgium, several initiatives have been created to enable the introduction of local products on supermarket shelves. In this article, we study three of those initiatives to analyse if the development of local sourcing in supermarkets opens (...) up an opportunity for a transition towards more sustainable agri-food systems. We conceptualise transitions as a shift in governance and ethical values and adopt a pragmatist approach of ethics combined with the systemic perspective of transition studies, to evaluate the impact of these initiatives. Our analysis shows that they mainly contribute to the reproduction of the incumbent agri-food system. It also highlights that first, to be a driver for sustainability transitions, food ethics need to be systemic i.e. relate to a systemic understanding of problems and perspective of sustainability, including social justice. And second, it highlights that governance arrangements involving not only representative organisations of the various agri-food and non-agricultural actors, but also actors upholding ethical values that are currently missing in conventional supply chains and representing excluded and marginalised interests, favour the uptake of such systemic ethics by incumbent actors. Hence, systemic ethics and inclusive governance are key features for initiatives to contribute to a sustainability transition. (shrink)

Social purpose initiatives rarely take place in one sector or policy domain. They are likely to cross sector, community, local, national and indigenous boundaries and, in so doing, require alternative governance arrangements that are responsive and sustainable. This article focuses on the process of forging cross boundary governance processes drawing on a case study characterised by complex cross sector demands. The subject of the case study is a paradigm-breaking primary health and well-being initiative for a region of (...) New Zealand with longstanding healthcare challenges but contemporary possibilities. We were invited by the owners of this initiative to record and reflect on the challenges and successes, and from this to identify what might be possible for future innovations. In doing so we draw on the adaptive governance literature to frame the governance challenges and offer five paradoxes requiring collective navigation. We recognise the importance of our need to engage with Indigenous scholarship in future analyses and conclude with a series of recommendations on how such paradoxes are navigated for those needing to build governance practice in innovative social purpose initiatives. (shrink)

School-based education in England has undergone significant changes since 2010, with a huge expansion of academies, schools outside local authority control, funded directly by central government. Academies and local authority (LA) maintained schools are subject to different legislative and regulatory frameworks. This paper focuses on the governance of LA maintained schools, single academy trusts (SATs) and schools that are part of multi-academy trusts (MATs). The research involved analysing legislative provision, policy documents, and documents addressing the governance arrangements (...) of a sample of 23 secondary schools. Our findings reveal a fragmented state-funded secondary school system as regards overall governance, school admissions, the curriculum, and the use of funding. Significantly schools in MATs, which are governed by the trust board, lack the autonomy of either SATs or maintained schools and are instead under the ultimate control of the trust board. The paper argues that there is a need for greater consistency regarding the governance of state-funded schools. (shrink)

The rise of precision medicine has led to an unprecedented focus on human biological material in biomedical research. In addition, rapid advances in stem cell technology, regenerative medicine and synthetic biology are leading to more complex human tissue structures and new applications with tremendous potential for medicine. While promising, these developments also raise several ethical and practical challenges which have been the subject of extensive academic debate. These debates have led to increasing calls for longitudinal governance arrangements between (...) tissue providers and biobanks that go beyond the initial moment of obtaining consent, such as closer involvement of tissue providers in what happens to their tissue, and more active participatory approaches to the governance of biobanks. However, in spite of these calls, such measures are being adopted slowly in practice, and there remains a strong tendency to focus on the consent procedure as the tool for addressing the ethical challenges of contemporary biobanking. In this paper, we argue that one of the barriers to this transition is the dominant language pervading the field of human tissue research, in which the provision of tissue is phrased as a ‘donation’ or ‘gift’, and tissue providers are referred to as ‘donors’. Because of the performative qualities of language, the effect of using ‘donation’ and ‘donor’ shapes a professional culture in which biobank participants are perceived as passive providers of tissue free from further considerations or entitlements. This hampers the kind of participatory approaches to governance that are deemed necessary to adequately address the ethical challenges currently faced in human tissue research. Rather than reinforcing this idea through language, we need to pave the way for the kind of participatory approaches to governance that are being extensively argued for by starting with the appropriate terminology. (shrink)

Stewardship—the caring for fellow human beings as well as the nonhuman world—is receiving increasing attention from scholars in the field of global environmental change. Recent publications underscore that stewardship is becoming a key norm within the global international system of states, but that in remaining state-centric, stewardship fails to create a deeper systemic transformation of the international system’s normative structure. In this article, we examine whether stewardship also underpins hybrid governance arrangements, which are a combination of public requirements (...) and private standards, with a specific emphasis on certification. We argue that a stewardship ethos requires citizenship, compassion and sufficiency. We, thus, contribute to the burgeoning literature on certification by focusing on normative principles that are fundamental for sustainability governance, but have so far been neglected in governance research. Empirically, we are able to reveal broader implications of the normative transformations underway in global sustainability governance. To add depth to our analysis, we concentrate on palm oil, an agricultural commodity, which serves for food purposes and as a substitute for fossil fuels to mitigate global warming. Palm oil is representative of the interlinkages between social and environmental objectives, which are at the core of the notion of stewardship as conceptualized in this article. We find that stewardship underpins hybrid governance arrangements but momentarily it is realized only in niches. We argue that in order to move to a state of global stewardship, we need a bolder public policy agenda which respects environmental limits, acknowledges boundaries for the global poor, and allows for the expression of emotions in public dialogue. (shrink)

We are in an era of uncertainty over whose rules will govern global economic integration. With the growing market share of Chinese firms and the power of the Chinese state it is unclear if Western firms will continue to dominate transnational governance. Exploring these dynamics through a study of contract rules in the global cotton trade, this article conceptualizes commodity chain governance as a contested process of institution-building. To this end, the global commodity chain/global value chain framework must (...) be revised to better account for the broader institutional context of commodity chain governance, institutional variation across space, and strategic action in the construction of legitimate governance arrangements. I provide a more dynamic model of GCC governance that stresses how strategic action, existing institutions, and dominant discourses intersect as firms and states compete for institutional power within a commodity chain. This advances our understandings of how commodity chain governance emerges and changes over time. (shrink)

As the economy has grown increasingly financialized, the relationship between financial innovation and instability has attracted more attention. Previous research finds that the proliferation of complex financial innovations, like asset securitization and new financial derivatives, helped to erode the market governance arrangements that kept excessive bank risk-taking in check, inviting instability. This article presents an alternative way of understanding how financial innovations and market governance arrangements combine to shape instability. Market governance arrangements also shape (...) how financial firmsreceiveinnovations, leading to greater or lesser instability at particular times and places. I illustrate this argument by tracing the effects of changing corporate governance arrangements at large US banks in the 1990s and 2000s. Like non-financial firms in the preceding decade, banks adopted reforms associated with the shareholder value model of corporate governance. These changes to internal bank governance arrangements affected the agendas of bank executives in ways that encouraged expanded use of securitization and derivatives. Drawing from this case, I argue that a full understanding of instability in the financialized era requires closer attention to the (institutionally-structured) interests of financial innovationusers—not just to features of financial innovations themselves. (shrink)

Drawing on a longitudinal case study of a 10‐year cross‐sector partnership for development in Colombia, this paper makes three contributions to current discussions on new collaborative governance approaches in which business, non‐governmental organizations and development agencies jointly address development challenges. First, our study explores how partnerships can be successful in achieving longer term development while being designed as short‐term governance arrangements. Second, we shed light on how power asymmetries can shape partnership governance. Many studies have highlighted (...) the negative aspects of donor involvement in cross‐sector partnerships. We identify, however, that an interplay of formal and informal governance in partnerships can provide a positive enabling framework for partner relationships to grow and mature. Third, the case highlights that the studied partnership employed governance mechanisms that facilitate local ownership and empower small‐scale farmers, which effected (longer term) value chain relationships. In this regard, our case study helps to understand governance processes and conditions under which transformative local partnerships can emerge and sustain in post‐conflict settings. The paper adds observations on the collaborative governance content that is required for a more integrative research approach to corporate contributions to development. (shrink)

: A series of imperial decrees of the 1820s ordering the establishment of a Greco-Uniate Theological Collegium and appropriate consistories contributed to the spread of the autocratic synodal system of government and the establishment of control over Greek Uniate church institutions in the annexed territories of Right-Bank Ukraine. As a result, the Greco-Uniate Church was put on hold in favor of the government's favorable grounds for the rapid localization of its activities. Basilian accusations of supporting the Polish November Uprising of (...) 1830-1831 made it possible to liquidate the OSBM and most monasteries. The transfer of the Pochaiv Monastery to the ownership of the Orthodox clergy in 1831 was a milestone in the liquidation of the Greco-Uniate Church and the establishment of a Russian-style Orthodox mono-confessionalism. On the basis of archival documents, the political motivation of the emperor's decree to confiscate the Pochayiv Monastery from the Basilians with all its property and capital was confirmed. The transfer to the category of monasteries of the 1st class and the granting of the status of a lavra indicated its special role in strengthening the position of the autocracy in the western region of the Russian Empire. The orders of the Holy Synod outline the key tasks of ensuring the viability of the Lavra as an Orthodox religious center: the introduction of continuous worship, strengthening the personal composition of the population, delimitation of spiritual responsibilities, clarifying the affiliation of the printing house. However, maintaining the rhythm of worship and financial and economic activities established by the Basilians proved to be a difficult task, the solution of which required ten years of hard work. In order to make quick changes in the monastery, decisions were made by the emperor and senior government officials, and government agencies were involved at the local level, which required the coordination of actions of all parties to the process. (shrink)

With this special issue, we would like to promote research on changes in the funding of the sciences, social sciences, and humanities. Since funding secures the livelihood of researchers and the means to do research, it is an indispensable condition for almost all research; as funding arrangements are undergoing dramatic changes, we think it timely to renew the science studies community’s efforts to understand the funding of research. Changes in the governance of science have garnered considerable attention from (...) science studies and higher education research; however, the impact of these changes on the conduct and content of research has not received sufficient attention, and theoretical insights into the connections between funding practices and research practices are few and far between. The aim of this special issue is to contribute to our theoretical understanding of the changing nature of research funding and its impact on the production of scientific knowledge. More specifically, we are interested in the interplay between funding and research practices: What is the impact of institutionalised funding arrangements on the production of scientific knowledge? (shrink)

Global Governance Futures addresses the crucial importance of thinking through the future of global governance arrangements. It considers the prospects for the governance of world order approaching the middle of the twenty-first century by exploring today's most pressing and enduring health, social, ecological, economic, and political challenges. Each of the expert contributors considers the drivers of continuity and change within systems of governance and how actors, agents, mechanisms, and resources are and could be mobilized. The (...) aim is not merely to understand state, intergovernmental, and non-state actors. It is also to draw attention to those underappreciated aspects of global governance that push understanding beyond strictures of traditional conceptualizations, and that offer better insights into the future of world order. Three sections enable readers to appreciate better the sum of forces likely to shape world order in the near and not-so-near future: "Planetary," changes wrought by continuing human domination of the Earth and by war; current and future geopolitical, civilizational, and regional contestations; and life in and between urban and non-urban environments. "Divides," including threats to human rights gains; the plight of migrants; those who have and those who do not; persistent racial, gender, religious, and sexual-orientation-based discrimination; and those who govern and those who are governed. "Challenges," of food and health insecurities; ongoing environmental degradation and species loss; the current and future politics of international assistance and data; and the wrong turns taken in the control of illicit drugs and crime. Designed to engage advanced undergraduate and graduate students in international relations, organization, law, and political economy as well as the general reader, this book invites readers to adopt both a backward- and forward-looking view of global governance. It will spark discussion and debate as to how dystopic futures might be avoided and change agents mobilized. (shrink)

This paper posits that differences in corporate governance structure partly result from differences in institutional arrangements linked to business systems. We developed a new international triad of business systems: the Anglo-American, the Communitarian and the Emerging system, building on the frameworks of Choi et al. (British Academy of Management (Kynoch Birmingham) 1996, Management International Review 39, 257–279, 1999). A common factor determining the success of a corporate governance structure is the extent to which it is transparent to (...) market forces. Such transparency is more than pure financial transparency; as it can also be based on factors such as governmental, banking and other types of institutional transparency mechanism. There may also be a choice for firms to adopt voluntary corporate disclosure in situations where mandatory disclosure is not established. The Asian financial crisis of 1997–1999 and the more recent corporate governance scandals such as Enron, Andersen and Worldcom in the United States and Ahold and Parmalat in Europe show that corporate governance and business ethics issues exist throughout the world. As an illustration we focus on Asia’s emerging1 markets, as, both in view of the pressure of globalization and taking into account the institutional arrangements peculiar to the emerging business system, these issues are important there. Particularly for those who have to find an accommodation between the corporate governance structures and disclosure standards of the Emerging system and those of the Anglo-American and Communitarian systems. (shrink)

Food systems are made of a myriad of actors, visions and interests. Collaborative governance arrangement may foster their transformation towards greater sustainability when conventional means, such as state-oriented planning, technological developments or social innovations provide insufficient impetus. However, such arrangements may achieve transformative results only under certain conditions and in specific contexts. Despite an abundant literature on participatory schemes, the success for collaborative governance arrangements remains partially understood and deserves academic attention, in particular in the field (...) of food systems reform. This article provides an in-depth analysis of an empirical case study in the Walloon Region (Belgium), where the administration for sustainable development initiated a six-month participatory process to collectively construct a roadmap towards a sustainable regional food system. The article explores the extent to which the process has allowed transformative voices to emerge, and assesses whether the outcome provides a promising tool for adopting a transformative policy at the regional scale. It argues that the facilitation process insufficiently attenuated existing power relations and highlights key underlying factors (including time, resources, expertise and coalition building) that, like in classical negotiation settings, strengthen or weaken specific actors. It discusses the link between the results of the participatory process and the potential for policy-makers to build upon these to guide further the region’s food system towards a sustainable future. (shrink)

In her 2015 article, Helena Olofsdotter Stensöta notes that ‘the ethics of care is often used as a lens to dissect the current arrangement of care provision (or rather non-care provision) in polici...

There is a growing body of literature that has sought to undermine systems of ethical regulation, and governance more generally, within the social sciences. In this paper, we argue that any general claim for a system of research ethics governance in social research depends on clarifying the nature of the stake that society has in research. We show that certain accounts of this stake—protecting researchers’ freedoms; ensuring accountability for resources; safeguarding welfare; and supporting democracy—raise relevant ethical considerations that (...) are reasonably contested. However, these accounts cannot underpin a general claim in favour of, or against, a system of research ethics governance. Instead, we defend governance in social research on the grounds that research, as an institutionalised form of enquiry, is a constitutive element of human flourishing, and that society ought to be concerned with the flourishing of its members. We conclude by considering the governance arrangements that follow from, and are justified by, our arguments. (shrink)

This study uses panel data to investigate the different roles of the Chinese government in influencing companies’ decision making about corporate environmental reporting (CER) via a two-stage process. The results show that the Chinese government appears to mainly influence the decision whether to disclose or not, but has limited influence on how much firms disclose. The results also show that the traditional model of authoritarian capitalism (under which state-owned enterprises [SOEs] are the major governance arrangement) is transforming into a (...) new model. In the new model of authoritarian capitalism, the Chinese government uses newer, more sophisticated tools to manage both state-owned and non–state-owned companies. In addition, these new governance arrangements appear to be more efficient than the traditional model. The findings of this study have implications for both the Chinese government and for Chinese companies, as well as making important contributions to the literature and knowledge of CER in China. (shrink)

ABSTRACT Most pharmaceutical research carried out today is focused on the treatment and management of the lifestyle diseases of the developed world. Diseases that affect mainly poor people are neglected in research advancements in treatment because they cannot generate large financial returns on research and development costs. Benefit sharing arrangements for the use of indigenous resources and genetic research could only marginally address this gap in research and development in diseases that affect the poor. Benefit sharing as a strategy (...) is conceptually problematic, even if one, as we do, agrees that impoverished indigenous communities should not be exploited and that they should be assisted in improving their living conditions. The accepted concept of intellectual property protection envisages clearly defined originators and owners of knowledge, whereas the concept of community membership is fluid and indigenous knowledge is, by its very nature, open, with the originator(s) lost in the mists of time. The delineation of ‘community’ presents serious conceptual and practical difficulties as few communities form discrete, easily discernable groups, and most have problematic leadership structures. Benefit sharing is no substitute for governments’ responsibility to uplift impoverished communities. Benefit sharing arrangements may be fraught with difficulties but considerations of respect and equity demand that prior informed consent and consultation around commercialisation of knowledge take place with the source community and their government.1. (shrink)

For the past several decades, jurists have invested significant efforts in developing the law in general—and private law in particular—in terms of pluralism. However, the conceptualization of corporate law and governance according to pluralist principles rarely exists. This Essay is the first in the legal literature to address this deficiency by providing a unique pluralist theory of corporate governance regimes. It distinguishes between the plurality of corporate law’s sources, values, and principles, and discusses the implications for governance. (...) Moreover, based on the social systems’ thinking and the framework of complexity, this Essay provides theoretical grounds for skepticism about any policies or structures applicable to all times and contexts. Therefore, rather than perceiving corporate governance as being identically applicable to all corporations, the law must meet the challenge of complexity by designing governance arrangements following a firm-specific perspective. Furthermore, I argue that in conditions of complexity, corporate governance eco-systems should be designed with a firm-specific view that incorporates the effect of the corporation participants’ heterogeneity, the heterogeneity of its internal power relations, and the heterogeneity of industries and markets. These novel arguments have profound implications for redesigning fundamental legal doctrines—such as fiduciary duties of controlling shareholders, regulation of related party transactions, the officers’ duty of care, and the company purpose. (shrink)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

This article seeks to bring a focus to the significance of trade and finance in corporate governance outcomes. It explores the theoretical and historical link between micro-economic-level firm structure and macro-economic institutions such as trade and finance. The more open the economy, it argues, the more difficult it is in the long run to sustain an insider model. It then argues that changes in interdependent aspects of macro-economic policy in the UK and the US—primarily trade liberalization and the end (...) of capital controls—combined with the presence of developed capital markets and a self-regulatory ethos, allowed institutional investors to refocus the market-level rules on shareholders despite the managerial bias of their legal systems, and enabled the emergence of the outsider shareholder-oriented systems present there today. The article then argues that core insider systems such as those in Germany and France operated with different financing arrangements which meant that they were less susceptible to immediate change. However, in the long run global economic conditions have continued to push shareholder-oriented norms on insider systems. The article concludes that if these conditions persist, then governments will lose, or may indeed already have lost, sovereignty with regard to choice of corporate governance system. (shrink)

Health and Social Justice (Ruger 2009a) developed the ?health capability paradigm,? a conception of justice and health in domestic societies. This idea undergirds an alternative framework of social cooperation called ?shared health governance? (SHG). SHG puts forth a set of moral responsibilities, motivational aspirations, and institutional arrangements, and apportions roles for implementation in striving for health justice. This article develops further the SHG framework and explains its importance and implications for governing health domestically.

Most pharmaceutical research carried out today is focused on the treatment and management of the lifestyle diseases of the developed world. Diseases that affect mainly poor people are neglected in research advancements in treatment because they cannot generate large financial returns on research and development costs. Benefit sharing arrangements for the use of indigenous resources and genetic research could only marginally address this gap in research and development in diseases that affect the poor. Benefit sharing as a strategy is (...) conceptually problematic, even if one, as we do, agrees that impoverished indigenous communities should not be exploited and that they should be assisted in improving their living conditions. The accepted concept of intellectual property protection envisages clearly defined originators and owners of knowledge, whereas the concept of community membership is fluid and indigenous knowledge is, by its very nature, open, with the originator(s) lost in the mists of time. The delineation of ‘community’ presents serious conceptual and practical difficulties as few communities form discrete, easily discernable groups, and most have problematic leadership structures. Benefit sharing is no substitute for governments’ responsibility to uplift impoverished communities. Benefit sharing arrangements may be fraught with difficulties but considerations of respect and equity demand that prior informed consent and consultation around commercialisation of knowledge take place with the source community and their government.1. (shrink)

The objective of this study is to describe researchers', health-care providers' and other stakeholders' views of ethical review and research governance procedures. The study design involved qualitative semi-structured interviews. Participants included 60 individuals who either undertook research in the subspecialty of cancer genetics (n = 40) or were involved in biomedical research in other capacities (n = 20), e.g. research governance and oversight, patient support groups or research funding. While all interviewees observed that oversight is necessary to protect (...) research participants, ethical review and research governance (ERG) arrangements were described negatively throughout these interviews. Interviewees identified a number of problems with ERG, including: over-bureaucratization, over-standardization of information requirements for different types of research, a lack of standardization in the types of information required by different committees for the same research and a lack of consistency in different committees' responses. A number of solutions were proposed including streamlining application procedures and harmonizing committees' responses and information requirements. Recent reports suggest that ethical review procedures and research governance arrangements threaten the possibility of undertaking clinical research in the UK, hence the introduction of the Integrated Research Application System (IRAS) is long overdue. However, while IRAS may solve some of the problems identified by interviewees, it remains to be seen to what extent it will impact upon the very negative perceptions of ethics and research governance procedures reported here. (shrink)

This article examines India’s response to the global soil health crisis. A longstanding centre of agricultural production and innovation, India has recently launched an ambitious soil health programme. The country’s Soil Health Card (SHC) Scheme intervenes in farm-scale decisions about efficient fertiliser use, envisioning farmers as managers and soil as a substrate for production. India is also home to one of the world’s largest alternative agriculture movements: natural farming. This puts farmer expertise at the centre of soil fertility and attends (...) to the wider ecological health of soils. Despite emerging as a mode of resistance to dominant agricultural systems, natural farming is now being delivered in increasingly bureaucratic ways by India’s state governments. This article offers Himachal Pradesh as a case study in how the soil is governed, drawing on 38 semi-structured interviews with scientists, agricultural officers, non-governmental organisation leaders, and activists. Rather than assess approaches to soil health according to their ecological bottom line, we examine the differing forms of knowledge, expertise and ‘truth’ in the SHC and Natural Farming approaches. Our analysis reveals discontinuities in how farmers are imagined, as well as continuities in how quasi-spiritual language combines in a bionationalist project, positing assumptions about the correct arrangement of life in nationalist terms. We point to a shift toward hybrid and pick-and-mix approaches to soil health, as farmers and their organisers are increasingly invested with the capacities to combine multiple options. We see a fracturing of expertise and the opening up of epistemic pluralism in responses to the soil fertility crisis. (shrink)

For many students of global governance who explore the myriad institutions, rules, norms, and coordinating arrangements that transcend individual states and societies, what really marks the contemporary era is not the absence of such governance but its “astonishing diversity.” In addition to “long-standing universal-membership bodies,” such as the United Nations, writes Stewart Patrick, “there are various regional institutions, multilateral alliances and security groups, standing consultative mechanisms, self-selecting clubs, ad hoc coalitions, issue-specific arrangements, transnational professional networks, technical (...) standard-setting bodies, global action networks, and more.” The proliferation and diversification of governance mechanisms—yielding a jumble of formal and informal arrangements—has supplanted the simpler image of state representatives gathering at official assemblies. Many scholars believe this pluralism opens important new avenues for tackling a growing array of complex transnational problems, particularly at a time when the responsiveness of traditional multilateral institutions is being called into question. (shrink)

Could we plausibly believe in the fundamental tenets of classical liberalism and, at the same time, support the state’s raising of immigration barriers? The thesis of this paper is that if we accept the main tenets of classical liberalism as essentially correct, we should regard immigration barriers as essentially illegitimate. Considered under ideal conditions, immigration barriers constitute an unjustified infringement on individuals’ ownership rights, since it is difficult to identify a purpose that such an infringement could have that would outweigh (...) the disadvantages created by eliminating important competitive pressures on governments. Considered under nonideal conditions, the problem is, roughly, that immigration barriers cannot be seen as the choice of a lesser evil in the face of either an expected extension of the redistributive state or an expected threat on liberal institutions. On the contrary, since they relax the constraints faced by governments, immigration barriers should be seen as a major contributor in creating the conditions for the perpetuation of the sort of political arrangements that classical liberals resist. If individual sovereignty is to be protected, the sovereignty of the state over a particular territory should not include a prerogative to determine who is to inhabit it. (shrink)

The objective of this paper is to balance two major conceptual tendencies in science policy studies, continuity and discontinuity theory. While the latter argue for fundamental and distinct changes in science policy in the late 20th century, continuity theorists show how changes do occur but not as abrupt and fundamental as discontinuity theorists suggests. As a point of departure, we will elaborate a typology of scientific governance developed by Hagendijk and Irwin ( 2006 ) and apply it to new (...) empirical material. This makes possible a contextualization of the governance of science related to the codification of the “third assignment” of the Swedish higher education law of 1977. The law defined the relation between university science and Swedish citizens as a dissemination project, and did so despite that several earlier initiatives actually went well beyond such a narrow conceptualisation. Our material reveals continuous interactive and rival arrangements linking the state, public authorities, the universities and private industrial enterprises. We show how different but coexisting modes of governance of science existed in Sweden during the 20th century, in clear contrast with the picture promoted by discontinuity theorists. A close study of the historical development suggests that there were several periods of layered governance when interactions and dynamics associated with continuity as well as discontinuity theories were prevalent. In addition, we conclude that the typology of governance applied in the present paper is fruitful for carrying out historical analyses of the kind embarked upon in spite of certain methodological shortcomings. (shrink)

This paper explores the Shanghai 2010 World Expo to show how spectacle serves a governing function of the Chinese developmental state. I introduce soil exegesis as a method to excavate sedimented power relations of spectacle, undergirding the expo’s presentation. This approach investigates how spectacle is a state-territorializing project and pedagogical venture that relies on and denies the state socialist-era’s waste, to produce a ‘new nature’ and perform socio-technical management of crisis and crowds. Dynamic rearrangement of soil quality and composition facilitated (...) the urban redevelopment zone of sustainable futures, while interactive-technocratic environments inserted visitor bodies into expo surveillance systems and infrastructure without reference to the embedded political ecology of the mass event within Shanghai and beyond. The article concludes by considering ethical legacies of the event and the ways ‘sustainable spectacle’ operates through waste administration and environmental performance that ‘greenwash’ the socialist past and obstruct other governing arrangements. (shrink)

Because religious piety induces individuals to be more honest and risk averse, it makes managers less likely to exploit shareholders, thereby mitigating the agency conflict and potentially influencing governance arrangements. We exploit the variation in religious piety across the U.S. counties and investigate the effect of religious piety on anti-takeover provisions. Our results show that religious piety substitutes for corporate governance in alleviating the agency conflict. Effective governance is less necessary for firm with strong religious piety. (...) As a result, religious piety leads to weaker governance, as indicated by more anti-takeover defenses. We exploit historical religious piety as far back as 1952 as our instrumental variable. Religious piety from the distant past is unlikely correlated with current corporate governance directly, except through contemporaneous religious piety. Our instrumental variable analysis, which is far less vulnerable to endogeneity, corroborates the conclusion. (shrink)

Public acceptance is often seen as a key reason why water-recycling technology is rejected. A common assumption is that projects fail because the general public is unable to comprehend specialist information about risk and the belief that if the public were better informed, they would accept change more readily. This article suggests that rhetoric about acceptance is counterproductive in progressing sustainability as it does not address issues relating to institutional arrangements and reinforces a dichotomy between expert and lay groups. (...) Instead, it is argued that institutional change is needed to build opportunities for constructive public engagement. The failure to implement sustainable water use through recycling can be understood as the result of several factors including present cost structures for water, institutional conservatism, administrative fragmentation, and inadequate involvement of communities in planning. Achieving sustainable water use through recycling may require better coordination between agencies and integrated government policies. (shrink)

This paper explores how fair trade social enterprises manage paradoxes in stakeholder-oriented governance models. We use narrative accounts from board members, at governance events and board documents to report an exploratory study of paradoxes in three FTSEs which are partly farmer-owned. Having synthesized the key social enterprise governance literature and framed it alongside the broader paradox theory, we used narratives to explore how tensions are articulated, how they can be applied within an adapted paradox framework, and how (...) governance actors seek to mitigate paradoxes. The paper contributes to current debates in social enterprise scholarship concerning hybridity :455–476, 2010; in Institutional logics in action, Part B, 2012), hybrid organizing :397–441, 2014) and operational tensions :407–442, 2013) by illustrating empirically how the central social/enterprise paradox manifests in FTSEs governance arrangements. We build on the paradox categories proposed by Lüscher and Lewis :221–240, 2008) and adapted in Smith et al. :407–442, 2013) by developing a recursive model of legitimacy-seeking governance processes, conceptualizing how boards seek to mitigate, but not necessarily resolve, paradoxes. (shrink)

Changes in modern societies originate the perception that ethical behaviour is essential in organization’s practices especially in the way they deal with aspects such as human rights. These issues are usually under the umbrella of the concept of social responsibility. Recently the Report of the International Bioethics Committee of UNESCO on Social Responsibility and Health has addressed this concept of social responsibility in the context of health care delivery suggesting a new paradigm in hospital governance. The objective of this (...) paper is to address the issue of corporate social responsibility in health care, namely in the hospital setting, emphasising the special governance arrangements of such complex organisations and to evaluate if new models of hospital management (entrepreneurism) will need robust mechanisms of corporate governance to fulfil its social responsiveness. The scope of this responsible behaviour requires hospitals to fulfil its social and market objectives, in accordance to the law and general ethical standards. Social responsibility includes aspects like abstention of harm to the environment or the protection of the interests of all the stakeholders enrolled in the deliverance of health care. In conclusion, adequate corporate governance and corporate strategy are the gold standard of social responsibility. In a competitive market hospital governance will be optimised if the organization culture is reframed to meet stakeholders’ demands for unequivocal assurances on ethical behaviour. Health care organizations should abide to this new governance approach that is to create organisation value through performance, conformance and responsibility. (shrink)

This article explores the strategic management of government affairs in companies active in the EU. The article relies on a unique large-N dataset on the functioning and staffing of EU government affairs. The analysis shows that companies delegate government affairs functions to in-house managers with specific competences, who stay in office for long periods and who have an extensive knowledge of the core competences of the company, thanks to their educational background and work experience in the private sector. These findings (...) suggest that how companies strategically manage and staff government affairs in Brussels rests on the distinct structure of business–government relations in the EU, which are based on the exchange of technical information and the establishment of credibility and long-run trust arrangements. (shrink)

Recent developments around the sharing economy bring to the fore questions of governability and broader societal benefit—and subsequently the need to explore effective means of public governance, from nurturing, on the one hand, to restriction, on the other. As sharing is a predominately urban phenomenon in modern societies, cities around the globe have become both locus of action and central actor in the debates over the nature and organization of the sharing economy. However, cities vary substantially in the interpretation (...) of potential opportunities and challenges, as well as in their governance responses. Building on a qualitative comparative analysis of 16 leading global cities, our findings reveal four framings of the sharing economy: ‘societal endangerment,’ ‘societal enhancement,’ ‘market disruption,’ and ‘ecological transition.’ Such framings go hand in hand with patterned governance responses: although there is considerable heterogeneity in the combination of public governance strategies, we find specific configurations of framings and public governance strategies. Our work reflects the political and ethical debates on various economic, social, and moral issues related to the sharing economy, and contributes to a better understanding of the field-level institutional arrangements—a prerequisite for examining moral behavior of sharing economy organizations. (shrink)

Public or stakeholder participation in environmental governance has been strongly advocated within the United Nations (UN) since the early 1990s. A relatively new mechanism for global climate finance that emphasises stakeholder engagement is the Green Climate Fund (GCF), a UN strategy for channelling funds from the Global North to the Global South. Drawing on previous critical approaches to multi-stakeholder involvement in global governance, this article explores stakeholder involvement within the GCF. The study combines ideas from institutional logics and (...) resource dependency to provide a better understanding of how stakeholder arrangements are shaped in climate organisations. Results show that the GCF stakeholder arrangement favours private sector stakeholders – stakeholders that take a technical and apolitical approach to climate finance – and disfavours smaller, less resourceful stakeholders as well as those who perform a politicised watchdog function. (shrink)

Recent developments around the sharing economy bring to the fore questions of governability and broader societal benefit—and subsequently the need to explore effective means of public governance, from nurturing, on the one hand, to restriction, on the other. As sharing is a predominately urban phenomenon in modern societies, cities around the globe have become both locus of action and central actor in the debates over the nature and organization of the sharing economy. However, cities vary substantially in the interpretation (...) of potential opportunities and challenges, as well as in their governance responses. Building on a qualitative comparative analysis of 16 leading global cities, our findings reveal four framings of the sharing economy: ‘societal endangerment,’ ‘societal enhancement,’ ‘market disruption,’ and ‘ecological transition.’ Such framings go hand in hand with patterned governance responses: although there is considerable heterogeneity in the combination of public governance strategies, we find specific configurations of framings and public governance strategies. Our work reflects the political and ethical debates on various economic, social, and moral issues related to the sharing economy, and contributes to a better understanding of the field-level institutional arrangements—a prerequisite for examining moral behavior of sharing economy organizations. (shrink)

A reading of Solon's elegy to eunomia through Castoriadis's seminal theory of autonomy as the explicit and reflective self-institution of society can elucidate the question of what constitutes sound governance. Solon proposes that the dignified realm of mortal life is the ethos of citizenship in a political state. Accordingly, this regime, which relies on intrinsic justification, needs to be understood in ethico-political terms. Its inherent ordinance is the rule of justice - the reciprocity of equitable proportion governing relations among (...) citizens. It is the responsibility of these citizens to safeguard the governing reciprocity, and when they neglect it, the entire state suffers the dire consequences of hubris. The political order that best observes and promulgates the rule of justice is good governance, which functions both as self-limitation and as a balancing measure by arranging the contest of civic forces into a fitting harmony. (shrink)

Biobanks that are run on an opt-in basis depend on people having the motivation to give and to trust in those who control their samples. Yet in the UK trust in the healthcare system has been in decline and there have been a number of health-related scandals that have received widespread media and public attention. Given this background, and the previous public consultations on UK Biobank, the paper explores the way people express their trust and mistrust in the area of (...) medical and genetic information through discussions in six focus groups held in different areas of Britain. The themes that emerged in the discussion were the special character of genetic data; the ease with which information spreads; the public/private divide in genetic research; the potential of genetic information to harm people; choice, consent and lack of control; and the difficulty of establishing trustworthy governing arrangements. The expert agenda of policy-makers and medical ethics does not address the broader concerns expressed by participants. It seems that public consultation and the language of openness and transparency may not be sufficient to establish trust in the governance of genetic databases. Donors will be asked to give freely without any return but the participants' perception of those using the samples is that they are motivated by success and profit rather than healthcare priorities. In this context altruism seems naive and even dangerous. In order to place their trust well people need evidence of a relationship with obligations and expectations on both sides. (shrink)

Cet article examine la concurrence entre des structures de gouvernance des entreprises. Il y est souligné qu’une panoplie de structures “constitutionnelles” peut être observée dans le cadre marchand et que cette variété a servi des objectifs transactionnels importants sur un plan historique. L’article met en contraste les approches coasienne et autrichienne de l’explication des structures de gouvernance. Nous examinons la tendance récente du déplacement de la propriété des entreprises vers les investisseurs par opposition aux arrangements coopératifs et “mutuels”. L (...) ’ a r gument a t ion sout i ent que l’intervention étatique peut être une explication importante des tendances récentes au Royaume Uni, notamment dans le domaine des institutions financières. Les suggestions selon lesquelles des modèles de gouvernance des entreprises par les “partenaires” devraient être introduits à travers l’intervention de l’Etat ignorent à la fois les coûts de transaction et l’importance d’assurer l’affectation du talent entrepreneurial en direction des ressources économiques.This paper considers competition between governance arrangements for firms. It is argued that a variety of ‘constitutional’ structures can be observed in the market and that historically this variety has served important transactional purposes. The Coasian and Austrian approaches to the explanation of governance arrangements are contrasted. Recent trends towards investor ownership of firms and away from co-operative and ‘mutual’ arrangements are considered. It is argued that government regulatory intervention may be an important explanation for recent trends in the UK, especially in the area of financial institutions. Suggestions that ‘stakeholder’ models of firm governance should be introduced through state intervention ignore considerations both of transactions costs and the importance of ensuring the allocation of entrepreneurial talent to the direction of economic resources. (shrink)

On August 28, 2008, Michael Marmot, Chair of the Commission on Social Determinants of Health, formally handed over the Commission’s Final Report to Margaret Chan, the Director-General of the World Health Organization, at the Palais des Nations in Geneva. It was a significant moment. Dr. Chan addressed a hall packed with representatives of the world’s communications media in a speech that was remarkably direct. Dr. Chan reiterated the Commission’s position that to improve health and health equity action needs to be (...) taken not just across the health sector but across all social and economic policy areas, and stated, “Social deprivation is not a matter of fate. It is a marker of policy failure.” This was a bold statement from one of the world’s leading diplomats. Policy failure! The phrase echoes the Commission’s assertion that “a toxic combination of poor social policies, unfair economic arrangements and bad politics is killing people on a grand scale.” The Commission’s messages are far reaching. (shrink)

Bridoux and Stoelhorst (2022) employ Nobel laureate Elinor Ostrom’s institutional design principles to develop two models of stakeholder governance. They argue that these “community governance” models will help achieve a fairer distribution of stakeholder value compared with approaches that centralize governance in the hands of management. We identify four characteristics, however, that thwart any straightforward application of these community governance models to business firms: ease of exit; lack of legacy social capital; heterogeneity of interests; and power (...) imbalances. We then conclude, following Ostrom herself, that governance often requires external institutional arrangements that stakeholder theorists have not fully appreciated. (shrink)