Publication: Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards
Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards
| dc.contributor.author | Bartley, T. | |
| dc.date.accessioned | 2022-01-23T18:56:52Z | |
| dc.date.available | 2022-01-23T18:56:52Z | |
| dc.identifier.uri | https://open.fsc.org/handle/resource/843 | |
| dc.title | Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards | en |
| dcterms.accessRights | Public | |
| dcterms.accessRights | Limited access | |
| dcterms.issued | 2011 | |
| dcterms.language | en | |
| dcterms.type | Journal Article | |
| dspace.entity.type | Publication | |
| fsc.evidenceCategory | FSC impact-related | |
| fsc.focus.sustainDimension | Political, legal, systemic | |
| fsc.focus.tenureOwnership | Community | |
| fsc.subject | Forests | |
| fsc.subject | Certification | |
| fsc.topic.political | National Forest Policy | |
| is.availability.fullText | Full text available | |
| is.contributor.member | Forest Stewardship Council | |
| is.coverage.geographicLevel | Global | |
| is.evaluation.collection | Case studies | |
| is.evaluation.counterfacts | No | |
| is.evaluation.notes | Quite a theoretical article on public, private, customary governance interactions with an interesting case study of FSC certification in Indonesia. It illustrates how these 'different layers' of rules interact and shape transnational governance by voluntary standards. Important when trying to understand uptake. | |
| is.evaluation.quotes | "Accordingly, this Article develops a framework for conceptualizing the intersection of multiple rules and the actors associated with each. It then examines the dynamics of layering with illustrations from two fields — sustainable forestry and fair labor standards — as implemented in Indonesia." | |
| is.evaluation.quotes | "Land disputes between communities and companies have kept some forests from getting certified and have led to suspensions in several others. Two FSC-certified forests — PT Diamond Raya in Riau province and PT Intracawood in East Kalimantan—have struggled to keep their certifications in the face of charges that they paid insufficient attention to community claims. | |
| is.evaluation.quotes | "Rather than viewing private regulation as either transcendent or technical, a more promising route involves paying attention to its substantive intersections with domestic law, regulation, and other rules. This means accepting that nationally-based "old" forms of governance still matter and that variation in the politics surrounding them can deeply shape the effectsof private regulation. In this vein, scholars of transnational governance have begun to theorize the conditions for "hard" and "soft" governance to co-exist in a state of rivalry, complementarity, or hybridity." | |
| is.evaluation.quotes | The conflict of rules (FSC standards and adat customary law vs. Indonesian formal law) has put a premium on the FSC's mechanism of assessing whether communities have given "free and prior informed consent" to harvest forest land. On one hand, this mechanism represents an alternative channel for communities to legitimate their claims. But on the other hand, attempts to assess "free and prior informed consent" are wrought with difficulty. Often, "prior" consent is impossible, since a company has already received a logging concession from the government before consultations with local communities begin.67 Getting consent of "the community" is also made problematic by power differentials within communities and longstanding patterns of exploitation and bribery." | |
| is.evaluation.quotes | "Overall, the field of forest certification inIndonesia has been quite dynamic and often contentious, though the amount of certified forest land has remained comparatively low." | |
| is.evaluation.quotes | "Despite numerous attempts to increase it, the amount of FSC-certified forest land in Indonesia remains limited — far less than in Brazil and comparable to much smaller countries like Bolivia and Lithuania. One reason for this (though not the only one) has to do with conflicts between land rights rules and the actors that support different sets of rules." | |
| is.evidenceType | Synthesis paper | |
| is.extent.number | 2 | |
| is.extent.volume | 12 | |
| is.focus.sectors | Agriculture | |
| is.focus.sectors | Forestry | |
| is.focus.systemElement | MandE outcomes and impacts | |
| is.focus.systemElement | MandE performance monitoring | |
| is.identifier.code | Impacts | |
| is.identifier.doi | https://doi.org/10.2202/1565-3404.1278 | |
| is.identifier.fscdoi | http://dx.doi.org/10.34800/fsc-international693 | |
| is.identifier.schemeName | Forest Stewardship Council | |
| is.identifier.schemeType | Voluntary Sustainability Standards | |
| is.item.reviewStatus | Peer reviewed | |
| is.journalName | Theoretical Inquiries in Law |