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The effectiveness of transnational non-state governance: The role of domestic regulations and compliance assessment in practice

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  • Malets, Olga

Abstract

The paper examines how a domestic institutional environment and third-party compliance assessment shape the effects and effectiveness of certification and labeling. Certification represents a form of transnational non-state market-driven governance of the environmental and social performance of firms. Based on an extensive qualitative analysis, this paper explores two factors that influence the forest certification program of the Forest Stewardship Council. First, the institutional setup and the implementation and enforcement of domestic law can restrict the effectiveness of certification if certification requirements contradict or significantly exceed national law or the institutional environment presents significant challenges to certification. Second, I show that third-party auditing, auditors, and certifiers play a crucial role in this challenging institutional environment. I adopt a dynamic approach to the analysis of these elements, focusing on how domestic law and institutions and transnational standards interact over time. Contrary to existing literature, which emphasizes certification and auditing methods and procedures, it is not only how the assessment system is set up but the ways it is applied in practice that shape the implementation of voluntary certification standards and induce certified forestry operations to modify their practices.

Suggested Citation

  • Malets, Olga, 2013. "The effectiveness of transnational non-state governance: The role of domestic regulations and compliance assessment in practice," MPIfG Discussion Paper 13/12, Max Planck Institute for the Study of Societies.
    • Handle: RePEc:zbw:mpifgd:1312
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    References listed on IDEAS

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    1. Marie-Laure Salles-Djelic & Sigrid Quack, 2003. "Theoretical Building Blocks for a Research Agenda Linking Globalization and Institutions," Post-Print hal-01892014, HAL.
    2. Graeme Auld & Lars H. Gulbrandsen, 2010. "Transparency in Nonstate Certification: Consequences for Accountability and Legitimacy," Global Environmental Politics, MIT Press, vol. 10(3), pages 97-119, August.
    3. Bartley Tim, 2010. "Transnational Private Regulation in Practice: The Limits of Forest and Labor Standards Certification in Indonesia," Business and Politics, De Gruyter, vol. 12(3), pages 1-36, October.
    4. Marie-Laure Salles-Djelic & Sigrid Quack, 2003. "Globalization and institutions : redefining the rules of the economic game," Post-Print hal-01892012, HAL.
    5. repec:hal:spmain:info:hdl:2441/5oojir5leh8icq847ddt2lej75 is not listed on IDEAS
    6. Leonhard Dobusch & Sigrid Quack, 2013. "Framing standards, mobilizing users: Copyright versus fair use in transnational regulation," Review of International Political Economy, Taylor & Francis Journals, vol. 20(1), pages 52-88, February.
    7. Newsom, Deanna & Bahn, Volker & Cashore, Benjamin, 2006. "Does forest certification matter? An analysis of operation-level changes required during the SmartWood certification process in the United States," Forest Policy and Economics, Elsevier, vol. 9(3), pages 197-208, December.
    8. Kalfagianni, Agni & Pattberg, Philipp, 2013. "Fishing in muddy waters: Exploring the conditions for effective governance of fisheries and aquaculture," Marine Policy, Elsevier, vol. 38(C), pages 124-132.
    9. Belton, Ben & Haque, Mohammad Mahfujul & Little, David C. & Sinh, Le Xuan, 2011. "Certifying catfish in Vietnam and Bangladesh: Who will make the grade and will it matter?," Food Policy, Elsevier, vol. 36(2), pages 289-299, April.
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