Governance Instruments Research Articles

Fisheries local action groups, small‐scale fisheries and territorial development

AbstractIn comparison to the wealth of critical evaluation of LEADER (i.e., Liaison entre actions de développement de l'économie rurale), there has been no consolidated attempt to reflect on the contribution of Fisheries Local Action Groups (FLAGs), now entering their third EU programming period. Set up in the image of LEADER, and a novel governance instrument within the Common Fisheries Policy (CFP), FLAGs aim to activate local responses that build resilience and adaptability within the fisheries sector and wider communities. In addition to introducing the accompanying articles that make up this special issue of Sociologia Ruralis, our article gives an account of the emergence of community‐led local development (CLLD) in fisheries and the attributes that have characterised the application of the LEADER approach within a fisheries‐territorial development context. In many cases, FLAGs have led to improved relationships between the small‐scale fishing sector and wider local social and economic networks, helping the sector reimagine its role within local economies. Yet outcomes vary as the FLAG approach has been applied across different cultural and institutional settings. There are indications that the system is becoming enveloped by wider priorities of coastal development and blue growth. Yet FLAGs may well provide a successful test case for widening participation in the CFP and upscaling integration of the fishing industry within local and regional economies. For CLLD in general, they are a reminder of the value of a differentiated CLLD approach tailored to different sectoral‐territorial contexts.

Environmental vulnerability as a public priority: The view of local economic elites

AbstractThe study explains the factors leading local economic elites (LEEs) to consider vulnerability to natural hazards (VNH) a priority public problem. An Optimal Scaling Regression model was estimated based on information from 57 Latin American and Caribbean (LAC) cities. The estimation included variables related to risk exposure, social conditions, and disaster management instruments. The central factors that explain why LEEs consider VNH a priority problem are the level of real exposure to natural risks and a high proportion of the local population living in poverty. LEEs seem to assume that the social deprivations that accentuate environmental vulnerability should be treated independently of the problem of equity; LEEs seem to relativize the VNH problem as the size of the city increases by assuming that VNH does not affect the whole city; government instruments for the management of natural hazards do not exert any influence on the perception of LEEs on environmental vulnerability. The findings help us to understand the low collective effectiveness of emergency management instruments in the LAC region.

On FRAND as a Means of Information Access

Abstract FRAND (fair, reasonable and non-discriminatory) is a highly debated acronym that has been scrutinised, expounded and tested in scholarly works, courtrooms, and policy discussions. Initially employed as a remedy means and access tool in sector-specific and standards-setting contexts, FRAND has recently made its way into the emerging EU data governance regime. Given this new position, it is appropriate to examine FRAND critically as a universal access mechanism of the information law domain at large. Drawing on a narrative of FRAND in SEP licensing, this article reflects on the innate capacity of FRAND to act as a flexible governance instrument. Examining regulatory forces and patterns guiding the interpretation of FRAND, the article presents the interplay of self-governance, national and EU layers of regulation. As shown, the determination of FRAND is firmly grounded on institutional and procedural norms, both in a standardisation context and beyond. The analysis highlights the fact that such a regulatory approach has costs and opportunities. To harness the flexibility of FRAND as a universal information access tool, it is essential to gain more clarity as to the content and goals of FRAND-enabled transactions. It is also critical to ensure that the efficiency of such a regulatory approach does not come at the cost of compromising on the protection afforded by EU fundamental rights and freedoms.

The global governance of marine plastic pollution: rethinking the extended producer responsibility system

The harm caused by marine plastic pollution to the wider environment highlights its importance as a governance issue. The Fifth United Nations Environment Assembly (UNEA) adopted a resolution, “End Plastic Pollution: Towards an International Legally Binding Instrument”, which represents a shift towards globalism in the governance of marine plastic pollution. This resolution focuses on the circular economy of plastics and highlights the role of corporations in contributing to a more socially responsible society, thereby increasing emphasis has been placed on the Extended Producer Responsibility (EPR) system that integrates the two factors referred to above. This paper provides a full technical explanation of the EPR system and its implementation in entities such as the European Union, the United States, and China. The challenges faced when integrating the EPR system into international legal instruments for plastic governance were identified, including the different national perspectives, the absence of a supervisor in the public domain, the obscurity of its application, and the lack of supporting measures for the implementation of the system. Therefore, new standards and requirements in the governance of marine plastic pollution and the advantages associated with implementing the full-life-cycle obligations under the EPR system on plastic producers should be fully considered. On this basis, the positioning and implications of the EPR system should be clarified by obligation-oriented regulation and extension-based interpretation. Moreover, the extended and prolonged applicability of the system, including the original sources of marine plastic wastes and considerations of the full-life-cycle of plastics, should be achieved in pursuit of improvements and upgrades in application and complementary policies. If this can be achieved, it is hoped that the goals of protecting human health and controlling plastic pollution can be achieved, contributing to the development of an ocean-based economy and a better world.

A Painful Divorce: Law vs Digital Technologies

Abstract In this article we wish to point out – using the metaphor of a marital crisis – some of the reasons behind the growing conflict between digital technologies and the law. We identify various causes: a)Over the last years there has been a radical change in roles: once one looked at the law for solutions, now they are searched in digital technologies, seen as very efficient instruments of governance. b)Legal instruments are inadequate to cope with a phenomenon in constant evolution, and whose economic and socio-political weight is immense. c)Digital actors have become the most effective law makers, with rules not only prescriptive but directly executable. Our conclusions are that: a)The digital has changed international relations. We see “digital empires” and “digital colonies”: the EU has gradually fallen in the latter category. b)The EU approach, expressed by thousands of normative provisions, is ineffective and will be counter-productive in respect of its objectives. c)It would be preferable to adopt a “general principles” model able to govern not only the present issues but also the changes expected in the next years.

Land-use policy instruments for sustainable housing: insights from municipality planners in Finland

ABSTRACT Local land-use governance is critical for enhancing sustainable housing, which is a topical issue in implementing UN Sustainable Development Goals. Yet, information is lacking on how the use of land-use policy instruments and fulfilment of goals connect with each other. To fill this void, this study addresses local operationalization of sustainable housing aims, and their effects on the use of local land-use policy instruments in Finnish municipalities with legislative power to promote local sustainability through their own actions. The material of the study is based on online survey data collected in 2021 from land-use planners working in Finnish municipalities. According to our results based on quantitative analysis implemented with multi-variate methods, themes to promote sustainable housing in the Finnish municipalities are the Citizen focus enhanced by formal, and the Construction focus enhanced by informal approaches. Thus, despite the similar regulatory possibilities for their simultaneous promotion, local land-use governance instruments seem to be used in Finland to enhance either social or environmental sustainability. The phenomenon may exist also in other countries calling for more information on simultaneous promotion of different sustainability aspects in housing, e.g. by uptake of mixes of informal and formal land-use planning instruments in local decision-making.

Titles of Acts: Translation from English into Russian

The article examines titles of English acts such as ‘The Act of Settlement 1701’, ‘The Instrument of Government 1653’, ‘The Act of Supremacy; 1534, 1559, ‘The Reform Act’ 1832, 1867, 1884 and ‘The Test Act’ 1673, 1678 and their translation into the Russian language. The analysis of textbooks and manuals on law and state history of foreign countries in the Russian language shows that their authors refer to the titles that have firmly entrenched in the Russian language, even though some of them have been translated incorrectly. Some researchers provide their own mostly word-for-word translation or totally avoid mentioning the titles of acts in the text. At the same time, adequate translation is essential as it allows readers to elicit necessary information and gain extensive and comprehensive knowledge on the subject. The polysemy of legal terms and the underlying historical background make the process of translation into Russian even more complicated. The differences between legal systems and languages due to their unique historical and cultural development cause difficulties in the translation process even for the most advanced machine translation tools based on neural networks. In order for the translation to be accurate, and therefore the cognitive function to be fully performed in academic texts, it is necessary to be familiar with the field of legal science as a whole, to take into account the historical context as well as the background of a particular act. The lack of background knowledge and the inability to grasp the meaning, role and importance of this or that act of Parliament results in word-for-word erroneous translation that in its turn distorts the original meaning of the text. The polysemy of English terms makes it difficult to find the corresponding equivalent term in Russian. Descriptive translation based on background knowledge with due regard for language peculiarities, as well as the use of such tools as footnotes and comments, can contribute to achieving the purpose.

Governance by numbers 2.0: policy brokerage as an instrument of global governance in the era of information overload

ABSTRACT The article investigates how and when the two first movers in knowledge-based regulation – the OECD and the World Bank – developed policy brokerage as an instrument of global governance in the education sector. We also examine how their target clientele – national governments – responds to this instrument. Given the surplus of research evidence in today's digital economy, intergovernmental organisations have the challenge of standing out as trusted and credible knowledge brokers in a crowded space. The authors make the case for a comparative research programme – tentatively labeled ‘Governance by Numbers 2.0’ – that is informed by a multidisciplinary (history, political science, interdisciplinary policy studies) interpretive framework and that advances a transnational, relational method of inquiry which draws attention to the global/national nexus.

Trading our way to a greener future: how environmental rights trading reduces urban carbon emissions in China-empirical analysis based on China's emission rights trading.

Environmental rights trading (ERT) is considered one of the crucial instruments for environmental governance in China, accelerating urban low-carbon sustainable development. This study utilized the Chinese Emissions Trading System (ETS), which has been implemented most widely, longest, and most typical, to represent ERT and examine its contribution to urban carbon emission reduction. Through a quasi-natural experiment perspective, urban panel data were collected from 2003 to 2019, and a time-varying difference-in-differences model and moderating models were developed. The study indicates that ERT can significantly reduce carbon emissions in cities, with robust results. In addition, the carbon reduction effect of ERT varies by city region, type, and size. This phenomenon is more obvious in central and western cities and resource-based cities. Finally, a framework to strengthen the carbon reduction effect of ERT was creatively constructed. The strengthening effects of green innovation, industrial structure, and clean energy are evident. This helps provide evidence for ERT layout and extension, especially in countries with high carbon reduction needs such as China. ERT affects not only policymakers but also a greener future for every organization and individual in the city.

Shariʿa and Governance in Ottoman Egypt: The Waqf Controversy in the Mid-Sixteenth Century

AbstractIn the mid-16th century, the Ottoman government sought to expand its tax revenue from Egypt through a controversial initiative to levy taxes on endowments (waqf). The controversy produced a diverse range of responses from Ottoman scholar-bureaucrats, such as Ebussuud Efendi, who supported the initiative; Egyptian scholars, including Ibn Nujaym and al-Ghayti, who opposed it; and the Ottoman governor, who worked to resolve it. Despite the opposing positions of the diverse actors, shariʿa served as the common medium for the articulation and negotiation of their opinions and helped produce a compromise that became foundational for the Ottoman tax regime in Egypt. In this episode, shariʿa constituted an instrument of governance. Such a role for shariʿa differs from its conception as an autonomous field of scholarly interpretation, or the understanding of it as an inclusive normative system encompassing rules emerging from both the interpretative activities of scholars and the definitive edicts and orders of rulers. Shariʿa did not constitute the endpoint of rulemaking; rather, it provided the shared language of terms and concepts through which different actors participated in the process of formulating rules.

Conditionality as an Instrument of European Governance – Cases, Characteristics and Types

AbstractThe principle of conditionality has evolved in the European Union from a European foreign policy tool to an instrument of European governance. European conditionality developed as a hard mode of soft governance. This article describes the different forms and cases of using conditionality in European policy so far. Based on this analysis, it elaborates characteristics and patterns of European conditionality policy and tries to distinguish different types of conditionality. This article thus tries to conceptualise the principle, takes a view on the effect and development of the principle in the European Union and finally tries to develop a typology of European conditionality.

The role of territorial governance as an instrument for biological diversity conservation in the Atlantic Forest: Social learning from the Paraná River Biodiversity Corridor, Brazil

In Latin America, in the non-coastal portion of the Brazilian Atlantic Forest, there is the territory of Paraná River Biodiversity Corridor, which shares decision-making processes since 2010 and based on the performance of its Managing Network. In this context, the aim of this study was to evaluate the role of the Paraná River Biodiversity Corridor Managing Network as an instrument of territorial governance for biological diversity conservation actions. Methodologically, the method of participant observation of the Network's meetings was used, in association with the semi-structured questionnaire and content analysis of its technical reports. The results showed that the Network expands institutional action for biodiversity conservation in the territory, enhancing personal learning and the possibility of building shared agendas, for example, the elaboration of a Bioregional Management Plan for the Corridor. Out of every 10 planned actions, seven were completed, which demonstrates confidence in the Network in mediating inter-institutional actions. One of these actions was the approval of an ecological restoration project carried out in partnership by 16 Network members from 2017 to 2022, expanding results and optimizing financial costs. However, there are limitations related to the institutional structure of the Network members, who lack dialogic and administrative prerogatives that end up not favoring territorial integration. Finally, develop actions for the conservation of biological diversity must be planned in a dialogical and participatory way, on a regional scale and mediated, unconditionally, by robust governance arrangements.

Institutional rules for the up-take of regulatory experiments: A comparative case study

Experiments are an important governance instrument for fostering learning between actors, improving governance, and managing transition pathways for sustainable development. However, determinants of the up-take of the result of experiments are underexplored in the transition experimentation literature. Consequently, we explore the role of experimental design and institutions in this up-take. This paper examines the following research question: How is the up-take of regulatory experiments for sustainability transitions influenced by their design elements and what role do institutions play? The paper uses comparative qualitative content analysis to examine 27 international regulatory experiments. In analyzing the up-take of experiments, we focus on three dimensions: transferability, scalability, and unintended consequences. The analysis demonstrates that the transferability of regulatory experiments depends on its regulatory and geographical context as well as its timeframe and the selection of participants. The scalability appears to be mainly influenced by the timeframe and timing of the regulatory experiment as well as the communication of the experimenters with stakeholders and the support of political actors. Furthermore, the influence of unintended consequences from regulatory experiments depend on the diversity of the participants, the communication of the involved actors, and the use of several design options. Our results can inform policymakers and stakeholders about the design and role of institutions in regulatory experiments.

Local Government Administration and the Challenges of Bureaucratic Professionalism in Nigeria: A Study of Transition Committee in Local Government Councils in Anambra State (2015 to 2022)

The democratic essence of governance is expressed and most often experienced at the grass root. The instrument of government that conveys this is the local government through sound bureaucratic experts. But it appears that the introduction of the Transition Committee has encouraged the rescinding of bureaucratic professionalism in local government administration in Nigeria. This paper becomes imperatively tasked with ascertaining the impact of Transition Committee on bureaucratic professionalism in local government councils in Anambra State. Following this, two research questions were adopted to guide the study. First, does the introduction of Transition Committee down played bureaucratic professionalism in local government administration in Anambra State? Secondly, what factors attributed to Transition Committee are responsible for low performance of local government administration in Anambra State? Data were primarily sourced and complimented with secondary source precisely academic journals and government gazettes. Bureaucratic theory was used as relevant tool of analysis. From the study, it was discovered that majority of the members of Transition Committee in local government councils are people of poor academic qualifications with little or no bureaucratic knowledge. These personalities exhibit administrative rascality in their dealings with career civil servants and bureaucratic ignorance in the discharge of their functions. These have adversely affected bureaucratic professionalism in local government administration in Anambra State. Hence, the study recommends total administrative and financial independence in the local government councils by abrogating transition committee in local government.

The roles of policy documents, governance and strategy within the non-for-profit sector: A case of churches

In recent times, nonprofit organisations (NPOs) have been compelled to run their affairs professionally. Consistent with management theory a manager ought to plan, organise, lead and exercise control. The process of professionalisation, governance and strategy implementation could be enhanced using policy documents (such as constitutions, church orders, canos and manuals). Policies serve as key instruments in enabling a strategy agenda for such organisations. Policies articulate governance principles and align with the strategic imperatives. This paper explored the role of policies as instruments of strategic agenda enablement in church settings as NPOs. Qualitative research methods, in the form of semi-structured interviews and document analysis, were employed in conducting research among churches in the Gauteng province, South Africa. A total of 26 church managers were interviewed, and 12 policy documents from participating churches were analysed using ATLAS.ti software. As findings, policies ought to be better aligned to the governance architecture, vision, and strategic agenda of the organisation. This will make policies become proper instruments of governance and strategy implementation. Policy documents analysed entailed inferences of all four principles of management theory. A contribution is made in the areas of the aforementioned theory in a nonprofit context.

Державне регулювання процесу ініціювання інноваційних проектів за умов обмеженого фінансування

Державне регулювання процесу ініціювання інноваційних проектів за умов обмеженого фінансування

Implementation of ambiguous governance instruments in higher education

The article examines how higher education institutions respond to ambiguous governance instruments. A key focus is how ambiguity is tackled in the interpretation and implementation processes. Building on theoretical perspectives from institutional analysis of organisations, an empirical point of departure is the analysis of ten higher education institutions in Norway and their response on the introduction of development agreements. The findings point out two important dimensions in analysing implementation processes: focusing on the change dynamics and the degree of internal integration. In combination, these point towards distinct patterns in organisational responses to ambiguous policy instruments.

Penetapan Anggaran Pendapatan Belanja Daerah Dengan Peraturan Kepala Daerah

The regional budget or APBD is the main policy instrument for regional governments, occupying a central position in efforts to develop the capabilities and effectiveness of regional governments. The regional budget should be used as a tool for determining the amount of income and expenditure, a tool for decision making and distribution planning as well as a tool for authorizing future expenditure and a standard measure for assessing performance as well as a coordination tool for all activities in various work units. Minister of Home Affairs Regulation No. 3 of 2006 has provided time limits for each stage in preparing the APBD. In reality, it is not uncommon for local governments to be unable to meet these time limits. Delays in enacting Regional Budget Regulations result in delays in submitting APBD data. Regions that are late in submitting APBD data will be given sanctions in the form of delays in the distribution of balancing funds, and this delay can eliminate the opportunity for regions to obtain regional incentive funds.

Phosphorus Utilization Efficiency and Status of Phosphorus Reuse in China from 1990 to 2019

Phosphorus (P) is an essential element for supporting our life and is a non-renewable resource. This study applied dynamic material flow analysis to elucidate the phosphorus flow characteristics in China over the period from 1990–2019. Based on this, we developed a P resource efficiency index system and further explored the potential reasons for the changes in different areas by analyzing the inflow, outflow, and reuse of P in various modules. Results show that the phosphorus utilization efficiency (PUE) in crop planting increased from 63% in 1990 to 72% in 2019, while this figure in feeding livestock increased from 35% in 1990 to 42% in 2019 due to the utilization of straw. The figure in aquaculture remained low at 9% in 2019. The total P amount used for human consumption increased to 2562 Gg in 2019 due to changes in dietary habits, and the overall P recycling rate (PRR) for various human activities jumped to 58% in 2019. Based upon these results, several policy suggestions are proposed from governance, technology, and economic instruments perspectives.

Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon

Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates.
 Purposes of the Research: to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court.
 Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach.
 Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.