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Rule-Making Feedbacks through Intermediation and Evaluation in Transnational Private Governance

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  • Graeme Auld
  • Stefan Renckens

Abstract

Feedback from rule-making is an important facet of regulatory processes. By examining the operations of the Marine Stewardship Council (MSC), a transnational private certification program, we explore two types of feedback that operate within and outside R-I-T relationships and potentially influence agenda-setting and rule-reformulation. Within R-I-T relationships, intermediation feedback results from the knowledge that intermediaries acquire as they translate rules into practical forms applicable to specific regulatory targets. Intermediaries may communicate this knowledge to the regulator to strategically inform rule-reformulation. But the regulator may also have access to this information if transparency obligations come with the responsibility of performing intermediation functions. Outside R-I-T relationships, evaluation feedback involves external evaluative audiences—actors outside the regulatory process that hold an interest in evaluating and influencing that process. Transparency about R-I-T relationships should strengthen this feedback, though lack of information will not prevent external evaluators from rendering judgments and seeking to influence rule-reformulation.

Suggested Citation

  • Graeme Auld & Stefan Renckens, 2017. "Rule-Making Feedbacks through Intermediation and Evaluation in Transnational Private Governance," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 93-111, March.
    • Handle: RePEc:sae:anname:v:670:y:2017:i:1:p:93-111
    DOI: 10.1177/0002716217690185
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    References listed on IDEAS

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    1. Lars H. Gulbrandsen & Graeme Auld, 2016. "Contested Accountability Logics in Evolving Nonstate Certification for Fisheries Sustainability," Global Environmental Politics, MIT Press, vol. 16(2), pages 42-60, May.
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    3. Jean-Pierre Galland, 2017. "Big Third-Party Certifiers and the Construction of Transnational Regulation," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 263-279, March.
    4. 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.
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    Cited by:

    1. Stefan Renckens & Graeme Auld, 2022. "Time to certify: Explaining varying efficiency of private regulatory audits," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 500-518, April.
    2. Allison Marie Loconto, 2017. "Models of Assurance," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 112-132, March.
    3. Jean-Pierre Galland, 2017. "Big Third-Party Certifiers and the Construction of Transnational Regulation," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 263-279, March.
    4. Jeroen van der Heijden, 2017. "Brighter and Darker Sides of Intermediation," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 207-224, March.
    5. Kira J.M. Matus & Michael Veale, 2022. "Certification systems for machine learning: Lessons from sustainability," Regulation & Governance, John Wiley & Sons, vol. 16(1), pages 177-196, January.
    6. Kenneth W. Abbott & David Levi-faur & Duncan Snidal, 2017. "Theorizing Regulatory Intermediaries," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 14-35, March.
    7. Phillip Paiement, 2019. "Jurisgenerative role of auditors in transnational labor governance," Regulation & Governance, John Wiley & Sons, vol. 13(2), pages 280-298, June.
    8. Tetty Havinga & Paul Verbruggen, 2017. "Understanding Complex Governance Relationships in Food Safety Regulation," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 58-77, March.

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