The article engages with the recent studies on multilevel regulation. The starting point for the argument is that contemporary multilevel regulation—as most other studies of (postnational) rulemaking—is limited in its analysis. The limitation concerns its monocentric approach that, in turn, deepens the social illegitimacy of contemporary multilevel regulation. The monocentric approach means that the study of multilevel regulation originates in the discussions on the foundation of modern States instead of returning to the origins of rules before the nation State was even created, which is where the actual social capital underlying (contemporary) rules can be found, or so I wish to argue. My aim in this article is to reframe the debate. I argue that we have an enormous reservoir of history, practices, and ideas ready to help us think through contemporary (social) legitimacy problems in multilevel regulation: namely all those practices which preceded the capture of law by the modern State system, such as historical alternative dispute resolution (ADR) practices.
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The literature on responsive regulation argues that citizens should be involved in regulatory practices to avoid capture between regulator and regulatee. It also argues that including citizens can add an important perspective to regulatory practices. However, we know little about how citizens' perspectives are brought into regulatory practices. This paper draws on existing qualitative research to compare and analyze four cases of experimental participatory regulation in Dutch health care, focusing on the theoretical assumptions that citizen involvement (a) prevents capture, and (b) stimulates the inclusion of new perspectives. Our results show that involving citizens in regulation can increase transparency and trust in regulatory practices and familiarizes regulators with other perspectives. It is, however, up to the regulator to work on deriving benefits from that involvement—not only the practical work of organizing participatory regulation, but also the conceptual work of reflecting on their own assumptions and standards. We do find evidence for weak forms of capture and argue for the need to extend capture to involve multiple actors. We reflect on these results for theory development and regulatory practice.
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EuroSonic NoorderSlag (ESNS) actively engages with around 130 festivals across Europe as part of the ESNS Exchange program. As a leading partner in this initiative, ESNS aims to transition into a fully sustainable festival in the coming years. It recognizes its role in spearheading the sustainability aspect of the ESNS Exchange and the industry at large. However, the current lack of information regarding the industry's sustainability practices poses a challenge, leaving ESNS uncertain about the necessary steps to improve the market as a whole. The NHL Stenden Professorship Transformational Media, ESNS and the minor Music Management are collaborating on a joint project to address this issue. The project aims to assess the current state of sustainable practices in European Music Festivals and analyse how these festivals communicate their initiatives. Additionally, students in the Music minor program will create and test a prototype to encourage festivals to communicate about their sustainability activities.
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This study evaluates the effectiveness of the European Union's Corporate Sustainability Reporting Directive (CSRD) in quantitatively measuring the transition of companies to a circular economy. First, using the most recent literature review on circularity metrics, a complete overview of the currently available circularity metrics is developed. Subsequently, it is determined which circularity metrics can be generated with the available quantitative datapoints of CSRD. The metrics that can be generated were analyzed on their ability to cover all circular strategies, to represent different Product-as-a-Service systems and to acknowledge the key role of Critical Raw Materials in a circular economy. The study finds that, with data disclosed under CSRD, metrics can be generated to cover all circular strategies. However, gaps remain in representing pay-per-use and pay-perperformance systems and the use of Critical Raw Materials. Recommendations are to include ‘Product utilization’ and ‘Mass of Critical Raw Materials used’ in the data disclosed under CSRD and to have an independent institution report data to enable benchmarking of performances. Finally, this study concludes with an overview of the metrics which enable to measure circular transitions using data disclosed by CSRD
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This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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Some researchers insist that sustainability should be represented as a continuous quest, doubting that there is the ‘right’ way to be sustainable. Acknowledging the immensity of sustainability challenges, this article takes a different perspective, arguing that without understanding of concrete barriers and seeking solutions, the challenge of addressing unsustainable practices becomes unsurmountable. This article will summarize research in sustainability literature that indicates that sustainability requires a constant human population, as well as ecologically benign method of production. This article will survey a number of helpful frameworks that address the key obstacles to sustainability, namely population growth, and unsustainable production and consumption. These frameworks are discussed in the context of business-level solutions and production systems. As illustrated by examples of best practices as well as potential pitfalls associated with each system, these systems have the potential to move the quest for sustainability beyond ‘business as usual.’ https://doi.org/10.1007/s10668-015-9723-1 LinkedIn: https://www.linkedin.com/in/helenkopnina/
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There are over 1400 age-friendly cities and communities worldwide, and the efforts to create a better quality of life for older people progressively intersect with sustainability goals. The intentions and behaviours concerning sustainability among older are, however, not yet well understood. Therefore, there is a need for assessing these intentions and behaviours through the use of a transparently constructed and validated instrument which can be used to measures the construct of environmental sustainability among older people. The aim of this study is to develop a questionnaire measuring how older people view the theme of environmental sustainability in their daily lives, with a focus on the built environment, providing full transparency and reproducibility. The process of development and validation of the SustainABLE-16 Questionnaire followed the COSMIN protocol, and has been conducted in five phases. This rigorous process has resulted in a valid, psychometrically sound, comprehensive 16-item questionnaire. This instrument can be applied to assess older people's beliefs, behaviours and financial aspects regarding environmental sustainability in their lives. The SustainABLE-16 Questionnaire was created in Dutch and in British English.
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Sustainability is one of the most important challenges of our time. How can we develop prosperity, without compromising the life of future generations? Companies are integrating ideas of sustainability in their marketing, corporate communication, annual reports and in their actions. The concept of sustainability has more recently also been linked to project management. Studies show that considering sustainability should not be regarded a responsibility of just the project sponsor or executive, also the project manager has a strong influence on the sustainability aspects of a project. This paper explores the concept of sustainability and its impact on the competences of the project manager. The paper also reports an analysis of 56 case studies on the integration of the concepts of sustainability in the way organizations initiate, develop and manage projects. This study showed that the average level of sustainability consideration in the actual situation of 25.9%. For the desired situation, this score is almost 10 percent higher, showing an ambition to take sustainability more into consideration. The study also showed that the way sustainability currently is considered in projects, should be categorized as the traditional ‘less bad’ approach to sustainability integration and not a more modern social responsibility approach
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There are many different uses of the term sustainability as well as its derivatives, such as social sustainability, environmental sustainability, sustainable development, sustainable living, sustainable future, and many others. Literally, the word sustainability means the capacity to support, maintain or endure; it can indicate both a goal and a process. In ecology, sustainability describes how biological systems remain diverse, robust, resilient and productive over time, a necessary precondition for the well-being of humans and other species. As the environment and social equality became increasingly important as a world issue, sustainability was adopted as a common political goal. The concept of sustainability the way most of us use it today emerged in the 1960s in response to concern about environmental degradation. This degradation was seen by some to result from the consequences of industrial development, increase in consumption and population growth and by others as poor resource management or the result of underdevelopment and poverty. Sustainability was linked to ethical concerns, typically involving a commitment to justice between generations involving issues such as equal distribution of wealth, working conditions and human rights, and possibly between humans and nonhumans, as discussed in chapters of Robert Garner, Holmes Rolston III and Haydn Washington. We can distinguish between different types of sustainability, for example between social (in terms of promoting equality, health, human rights), economic (in terms of sustaining people’s welfare, equitable division of resources) and environmental (in terms of sustaining nature or natural resources for humans and for nonhuman species) sustainability, as well as combinations of them. The study of sustainability involves multidisciplinary approaches, anthropology, political ecology, philosophy and ethics and environmental science. This type of multidisciplinary combination enables us to explore this new form of institutionalized sustainability science in a neoliberal age of environmental knowledge production and sustainability practice. This is an Accepted Manuscript of a book chapter published by Routledge/CRC Press in "Sustainability: Key Issues" on 07/19/15, available online: https://doi.org/10.4324/9780203109496 LinkedIn: https://www.linkedin.com/in/helenkopnina/
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This paper explores the integration of indicators that reflect the concepts of sustainability into business cases and business case evaluation methods. It is based on the observations that sustainability is one of the most important challenges of our time and that sustainable development requires change of the way we use resources, produce products, share our wealth, and so on. And as change is inescapably related to innovation and projects, sustainable development is related to projects. Business cases of projects should therefore reflect this relationship and include criteria for the assessment of sustainability aspects. Based on an identification of business case evaluation methods, and an overview of frameworks for sustainability indicators, an analysis is made of the inclusion of the indicators and principles of sustainability in business cases and business case evaluation methods. The analysis will conclude that the integration sustainability considerations into business cases of projects, is more than a set of additional criteria to be considered. Integration of sustainability considerations suggests a more holistic and elaborated perspective on business case evaluation than the Return on Investment question, that is dominating business cases and business case evaluation today.
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