Track 7b. Global Governance
(after Rio+20)
Track Chairs:
Claribel Lancaster. Faculty of Humanities, Tshwane University of Technology, Pretoria South Africa.
Martijn Scheltema. EUR Sustainable Faculty. Erasmus University, Rotterdam, Netherlands.
Contacts: LancasterC@tut.ac.za; m.scheltema@law.eur.nl
Goals and objectives of the track
Global governance structures to facilitate and enhance sustainable development are quite diverse and range with the topic at hand (for example climate change, environment, circular economy, human rights). This track explores the different ways in which global governance structures may contribute to sustainable development.
For example, in global supply chains connected to agriculture certification mechanisms are implemented to enhance sustainability. However, contractual models, amongst others implementing certification, are far from flawless and desperately need improvement. To date these models, amongst others, fail to align corporate culture throughout supply chains, often lack effective dispute resolution systems, are poorly enforced, contain unclear norms or standards which are not interpreted and applied consistently, lack mechanisms to provide (sustainability related) reliable information to the ultimate buyer and do not implement a balanced division of risks throughout the supply chain.
Other private and multi-stakeholder initiatives exist as well. However, these other private (self-regulatory) global governance structures are often considered to be ineffective, because of free-rider problems, ‘greenwashing’ (i.e. make consumers believe (e.g. through the use of ecolabels) that a product is sustainable, which is only partially or not true), lack of legitimacy, market disruption, poor enforcement, poor dispute resolution systems and the setting of standards which do not satisfactory meet public policy standards. What has to be done to improve these systems? Is a ‘one size fits all’ solution feasible or does this depends on the market, circumstances or country at hand? Furthermore, many disciplines are conducting research on these private and multi-stakeholder initiatives with diverse results. How may insights from different disciplines be aligned?
Further issues are connected to global governance too. For example, to what extent do governments need to be involved in a global governance structures and what should be the nature of their involvement. Government involvement may improve the functioning of private systems, but may also have adverse effects. Thus analysis of (effective) government intervention seems necessary.
The field of economic development law has received some attention from academics and lawyers alike, with many disputing it as a relevant field of law. Would sustainable development issues be addressed under this topic? Can legislation as direct mechanism to regulate sustainability in industries and supply chains be used to further the goals of sustainability? That said, the number of treaties (between governments) decreases in favor of multi-stakeholder and private global governance structures.
Apparently, many stakeholders confide in the latter. The question that should be asked is whether it is justified, the conditions applicable or the measures that should be allowed for government interference by way of prescribed policy and legislation.
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