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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This paper presents four Destination Stewardship scenarios based on different levels of engagement from the public and private sector. The scenarios serve to support destination stakeholders in assessing their current context and the pathway towards greater stewardship. A Destination Stewardship Governance Diagnostic framework is built on the scenarios to support its stakeholders in considering how to move along that pathway, identifying the key aspects of governance that are either facilitating or frustrating a destination stewardship approach, and the required actions and resources to achieve an improved scenario. Moreover, the scenarios and diagnostic framework support stakeholders to come together to debate and scrutinise how tourism is managed in a way that meets the needs of the destination, casting new light on the barriers and opportunities for greater destination stewardship.
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In this paper we position sustainable tourism of the Wadden. The aim is to clarify the complex issues at stake and therewith provide a framework for future actions and policies.
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Multinational enterprises (MNEs) have become global players in the current globalized labour market and their economic activities are no longer territorially limited, but they extend in different countries, thereby leading to the development of global supply chains. Against this background, companies’ operations are increasingly conducted by foreign subsidiaries and they are being outsourced to business partners worldwide. In both cases, lower working conditions and production costs in foreign countries are one of the driving factors leading to this business choice.
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This is a case study which discusses the journey of a successful Ethiopian dairy entrepreneur. It turned out that the inclusiveness of the small holder farmer into the chain with fair incentive sharing mechainsms and guarenteed market access made her chain more efficient, reliable and profitable.
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In Germany, public transport organizations are mainly owned by public authorities. Procurement in Hamburg involves the buses and infrastructure instead of transport services. The procurement process for buses and infrastructure is performed by the transport companies. Such processes must meet German and European public regulations. Therefore, public tender and procurement procedures for buying buses by German Public Transport Operators (PTOs) can be more complex and lengthier than procurement by private PTOs in other countries. As a result, the public transport companies are not primarily driven by profitability, but also by obligations towards the public and political aims. Obligations can comprise to provide affordable, environmentallyfriendly transport services for the citizens. In Hamburg, the public authority incorporates obligations (requirements) for the e-buses in their tendering documents. In Utrecht, as well as most of the rest of the Netherlands, public transport is carried out by private companies, under an operating contract (concession) with a public transport authority. In Utrecht, this authority is the province of Utrecht. The e-buses are the operators’ private property and they are obliged to account to the province of Utrecht for their implementation of public transport. When the province of Utrecht procures the operation of public transport services by means of a European tendering process, private transport companies can offer a bid for this tender. Both, the authority and operators, want to provide good public transport for their customers, but they both have different goals. The operators want to earn a reasonable profit margin on public transport, while the authority wants to fulfil certain public policy goals. The tendering process is where these two come together. It is a strong mechanism to get the best ‘value for money’ out of the market – for example, the most public transport, or the highest number of e-buses running in the area, within the available budget of the public transport authority.
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De versnippering van de internationale samenleving vermindert de kans op een overkoepelend model van global governance. Meer waarschijnlijk is het ontstaan van bepaalde processen van bestuur die zich ontwikkelen als reactie op specifieke mondiale vraagstukken. Dit artikel beschrijft het proces van implementatie van de US Foreign Corrupt Practices Act (FCPA) als een voorbeeld van een dergelijk bijzonder proces. Het FCPA 'model' wordt gekenmerkt door samenwerking en onderhandeling tussen de publieke en private sector. In dit model is het samenwerken voor het bieden van maatschappelijke veiligheid gebaseerd op wederzijds belang. De mogelijkheid van onderhandelde regelingen heeft een positief effect op het management van corruptie door bedrijven, dat zich verspreidt over de hele invloedsfeer van de onderneming. Tegelijkertijd biedt het de overheid toegang tot de informatie die nodig is om corruptie op te sporen, te onderzoeken en te vervolgen. Het in kaart brengen van dergelijke processen biedt nuttige inzichten over nieuwe benaderingen die nodig kunnen zijn om goed bestuur voor een veilige wereld te bereiken. ABSTRACT The fragmentation of international society reduces the likelihood of a single overarching model of global governance. More likely, is the emergence of particular processes of governance that develop in response to specific global issues. The paper describes the process of implementing the US Foreign Corrupt Practices Act (FCPA) as an example of one such particular process. The FCPA 'model' is characterized by co-operation and negotiation between the public and private sector. In this model, partnering for the provision of security is based on mutual self- interest. The possibility of negotiated settlements has a positive effect on the management of corruption by corporations with a ripple effect throughout the corporations' sphere of influence. At the same time, it provides governments with access to the information necessary to detect, investigate and prosecute corruption. Mapping such processes provides useful insights about new approaches that may be needed to attain good governance for a safe world.
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Can you remember the last time the ground gave way beneath you? When you thought the ground was stable, but for some reason it wasn’t? Perhaps you encountered a pothole on the streets of Amsterdam, or you were renovating your house and broke through the floor. Perhaps there was a molehill in a park or garden. You probably had to hold on to something to steady yourself. Perhaps you even slipped or fell. While I sincerely hope that nobody here was hurt in the process, I would like you to keep that feeling in your mind when reading what follows. It is the central theme of the words that will follow. The ground beneath our feet today is not as stable as the streets of Amsterdam, your park around the corner or even a poorly renovated upstairs bedroom. This is because whatever devices we use and whatever pathways we choose, we all live in hybrid physical and digital social spaces (Kitchin and Dodge 2011). Digital social spaces can be social media platforms like Twitter or Facebook, but also chat apps like WhatsApp or Signal. Crucially, social spaces are increasingly hybrid, in which conversations take place across digital spaces (WhatsApp chat group) and physical spaces (meeting friends in a cafe) simultaneously. The ground beneath our feet is not made of concrete or stone or wood but of bits and bytes.
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Energy efficiency has gained a lot of prominence in recent debates on urban sustainability and housing policy due to its potential consequences for climate change. At the local, national and also international level, there are numerous initiatives to promote energy savings and the use of renewable energy to reduce the environmental burden. There is a lot of literature on energy saving and other forms of energy efficiency in housing. However, how to bring this forward in the management of individual housing organisations is not often internationally explored. An international research project has been carried out to find the answers on management questions of housing organisations regarding energy efficiency. Eleven countries have been included in this study: Germany, the United Kingdom (more specifically: England), France, Sweden, Denmark, the Netherlands, Switzerland, Slovenia, the Czech Republic, Austria and Canada. The state of the art of energy efficiency in the housing management of non-profit housing organisations and the embedding of energy efficiency to improve the quality and performance of housing in management practices have been investigated, with a focus on how policy ambitions about energy efficiency are brought forward in investment decisions at the estate level. This paper presents the conclusions of the research
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This study proposes a systematic value chain approach to helping businesses identify and eliminate inefficiencies. The authors have developed a robust framework, which food-sector entrepreneurs can use to increase profitability of an existing business or to create new profitable opportunities. The value chain approach provides win-win opportunities for players within the value chain. To test the robustness of the framework, the authors use food waste as an example of a critical inefficiency and apply it to two different food sector business cases, each operating in diverse conditions. Because the suggested framework addresses the core elements and parameters for the existence and competitiveness of a business, the model can be adapted to other sectors.
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