Governance Instruments Research Articles

Wewenang Sebagai Instrumen Penyelenggararaan Pemerintahan Dalam Sistem Negara Hukum

A rule of law is a state that places the law, the principle of an independent and partial judiciary, as supreme command in the governance order, so that the executors of the functions of government positions do not have free will. By literature research, The urgency of authority as an instrument of government in the administration of a rule of law is that it must adhere to, develop, and practice the principle of a rule of law, which is based on the principle of legality, so that the legal authority of government originates from law. In a rule-of-law state, authority is used as an instrument for administering government, so that the basis for taking action is clear; therefore. So that authority as a legal instrument is measured by whether or not there is legal authority as governmental authority.

Transparency: Should It Be a Stand-Alone Governance Principle?

The topics of corporate governance and transparency are discussed in this article. In recent years, the term "transparency" has expanded its application beyond the realm of non-governmental and supranational institutions and into the fields of international relations, public policy, administrative literature, and non-profit organisations. In order to determine whether or not transparency should be used on its own, qualitative study was carried out. The findings were conceptualised via the lens of corporate governance. The research comes to the conclusion that transparency can be used as a standalone principle of governance and describes three different descriptions of the concept: transparency as a public value that is embraced by society to combat corruption; transparency being identical to open decision-making by governments and non-profit organisations; transparency as a complicated instrument for good governance in programmes, policies, organisations, and countries; and transparency as a synonym for openness. In the first definition, responsibility and openness are described as being interwoven. Second, there is a risk to one's privacy and secrecy when information is readily available. Third, those in positions of power need to be forthright, accountable, and productive in their work. It is not appropriate for the idea of transparency to be a property of corporate governance; rather, it should be founded on the function that transparency serves in corporate governance.

Water governance challenges at a local level: implementation of the OECD Water Governance Indicator Framework in the General Pueyrredon Municipality, Buenos Aires Province, Argentina

Abstract Considering that the current water crisis is largely a governance crisis, improving water governance will help to address current and future water challenges. Water governance is defined as the range of political, institutional and administrative rules, practices and processes through which decisions are taken and implemented, stakeholders can articulate their interests and have their concerns considered, and decision makers are held accountable for water management. The Water Governance Principles proposed by the Organisation for Economic Co-operation and Development (OECD) contribute to the creation of tangible public policies oriented toward effectiveness, efficiency, reliability and participation. The aim of this research is to apply the OECD Water Governance Indicator Framework at a local level and to identify gaps and challenges for water governance in the General Pueyrredon Municipality (GPM), Buenos Aires Province (BAP), Argentina. This framework was used as a diagnostic tool to assess water governance policy frameworks (what), institutions (who) and instruments (how). In general terms, there is a robust legal framework, there are enforcement institutions regarding water management and there is a good connection with them. However, the main challenges identified were in the ‘how’, since most of the instruments are partly or not implemented.

Constitutional and Administrative Law in Nigeria: Are They Instruments of Governance?

Are constitutional and administrative laws in operation in the institutions and agencies of government in Nigeria? How effective are these laws at regulating the activities of the government in the country? Has the law enhanced the quality of services delivered by the government? What are the factors influencing the practice of public administration in Nigeria? Are these factors in consonance with administrative law? These are germane questions to which this study attempted to provide answers. It relies on secondary data, which were subjected to content analysis. The study argues that the 1999 Constitution of Nigeria, prepared by the government without legitimacy (the military), and handed over to the civilian administration some twenty-three years ago, with little or minor amendment to date, made the legitimacy of the government of Nigeria’s Fourth Republic questionable. And, apart from the faulty preparation of the constitution and some amendments made to it by the National Assembly, the elite, who appear to be above the law, do not allow the constitution to work. These elite are mainly among the legislature, the judiciary and the executive; they are all guilty of stemming and whittling down the power of the constitution, and the law of administration by their flagrant disregard for the rule of law and the constitution in their various capacities. This study therefore, concludes that, until Nigeria’s constitution is redrafted, and constitutional law and administrative law properly applied, quality or good governance will continue to elude the country.

История и политика трансформации экономических санкций в современных международных отношениях: от механизма принуждения к инструменту глобального управления (на примере санкционной политики США в отношении Китая)

Today, there is a transformation (change) in the understanding of economic sanctions in international politics. If earlier, economic sanctions had only a negative color and were understood as an instrument of coercion or manipulation, now with the advent of the phenomenon of global governance, economic sanctions have acquired a different, somewhat positive meaning, namely, an instrument of global governance. It is known that economic sanctions are used as a management tool in US foreign policy that helps in the realization of the national interests of the state. The article discusses the goals and objectives of the US government when using economic sanctions against the Chinese government. In this connection, the authors decided to conduct a Mapping analysis of the main goals and objectives of the US government to identify the effectiveness of the use of economic sanctions in global governance and the conduct of foreign policy by the country, using the example of US foreign policy actions

Corporate governance in ensuring the quality of financial and sustainability reporting in times of uncertainty

Purpose: The paper assesses the impact of uncertainty on financial and sustainability reporting. It also indicates the impact of corporate governance mechanisms in strengthening corporate reporting quality in times of uncertainty.Methodology/approach: The main research method is the analysis of the scientific and professional literature. The method of analysis and synthesis was used for inference.Findings: The article reveals key aspects of uncertainty in financial reporting and corporate sustainability reporting. It shows the impact of inherent uncertainty, as well as economic and business uncertainty. It interprets the empirical results presented in the literature on corporate governance mechanisms in ensuring corporate reporting quality in times of uncertainty. The article identifies the risk of fraudulent reporting as a consequence of uncertain conditions and reveals the features of corporate governance institutions and instruments that help mitigate this risk.Research limitations/implications: The article does not contain a detailed analysis of the legislative premises for the functioning of corporate governance mechanisms. Infer-ence unifies corporate governance systems and is based on empirical results presented in the literature. The limitations may set the path for future scientific research. The article explains the possibilities of using corporate governance mechanisms to ensure the quality of corporate reporting in times of uncertainty, and its implications may support managers, controllers, auditors, accountants and regulators.Originality/value: Due to the lack of exhaustive research in the research area, the article reduces the cognitive gap in the Polish literature.

Addressing a human rights paradox in the green transition: Guidance for invested mining operations to benefit local communities

Current understandings of ‘cleaner production’ include views that companies should act on problems involving human rights, resources, and community involvement. They should contribute to human development and social enhancement through minimization of risks to people and communities, and support their development. While theory-based knowledge on how investors may do this remains limited, some transnational business governance instruments provide guidance. This article discusses how the human rights paradox of the green transition to fight climate change can be turned into opportunities for investors to contribute to local communities hosting transition minerals mining. The analysis is based on guidance from the Organisation for Economic Co-operation and Development (OECD), a major market for transition minerals or energy-related products containing such minerals, and China, the world's largest buyer and manufacturer of transition minerals, The article identifies actions for investors to cascade human rights due diligence and relevant capacity through the investment chain in ways that both limit harmful impacts and contribute beneficially to communities' human rights.

EVALUATION OF THE USE OF GOVERNMENT CREDIT CARDS AS A MEANS OF PAYMENT FOR STATE EXPENDITURES TRANSACTIONS AT THE BPK REPRESENTATIVE FOR NORTH SUMATRA PROVINCE

Management of state finances is part of the government's instruments to achieve the aspired state goal of realizing a just and prosperous society.Management of State Finances is the overall activities of officials managing state finances in accordance with their position and authority, which includes planning, implementation, supervision and accountability. The development process will not run smoothly if state finances are disrupted or unstable. The form of state financial management is reflected in the State Revenue and Expenditure Budget (APBN).

Subcontracted capitalism and the polemical verification of rights: a Rancièrian interpretation of the politics of transnational private governance in Nike’s global production network

ABSTRACT While some scholars dismiss transnational private governance instruments, such as codes of conduct, social auditing and monitoring initiatives, as an instrument of corporate power, propaganda and control, others provide a positive assessment. This paper criticises both approaches by applying concepts developed by the French philosopher Jacques Rancière. Against the background of worker-driven discontent in the Nike supply chain, the paper argues why a Rancièrian reading may offer an alternative way of conceptualising the politics of transnational private governance, one that provides a more promising way to ‘ground’ it in both conceptual and empirical terms.

Urban resilience, digital technologies, and the economic recovery of a city from the pandemic

AbstractThe COVID‐19 pandemic has devastated the world economy, which has made global economic recovery a considerable challenge. When a city experiences disasters, it needs to utilize innovative governance instruments, such as digital technologies, to foster economic recovery resilience. This article proposes a theoretical framework aimed at revealing the interconnection between digital technologies and economic recovery resilience, and it presents the case of Hangzhou, China, to illustrate this framework. This article finds that digital technologies can foster economic recovery resilience by sustaining a collaborative network during disasters. This article also reveals that government‐sponsored platforms, public‐private partnerships, and citizen coproduction are the underlying dynamics through which digital technologies build resilience. This article provides a nuanced understanding of how digital technologies might impact the theory and practice of economic recovery resilience in the digital era.

Instruments of lesson-drawing: comparing the knowledge brokerage of the OECD and the World Bank

ABSTRACT This study examines the Organization for Economic Cooperation and Development (OECD) and the World Bank, the two largest global actors in the education sector, in their capacity as knowledge brokers. For these actors, positioning themselves between research and policy and circulating their versions of evidence has become a popular governance instrument to amplify their impact at the national level. To compare the strategies and targets of the OECD and the World Bank, we analyze three publication series: the OECD’s Education Policy Outlook and Reviews of National Policies for Education and the World Bank’s Systems Approach for Better Education reports. The results reveal significant differences between the OECD’s and the World Bank’s approaches to producing evidence and brokering knowledge. We interpret the differences against the backdrop of the idiosyncrasies of the two organizations: The World Bank sees itself as a transnational actor, and its knowledge production and brokerage are highly decontextualized transcending national experiences. By contrast, the OECD is an intergovernmental organization that views itself as a facilitator of cross-national peer exchange. Situating the findings within the broader framework of the global–national nexus, we argue that the World Bank’s approach promotes vertical policy learning, while the OECD’s approach pursues horizontal policy learning.

Reading at the Joseon Court: The Practice and Representation of Reading in the Sejong sillok (1418–1450)

Abstract: We know more about how Joseon people wrote, and the texts they produced, than about how and why they read. Existing scholarship has primarily investigated Korean premodern texts from a linguistic and bibliographical perspective, while comparatively few approaches have centered on the social and cultural aspects of their reading. The present paper offers an understanding of how the practice of reading represented a key component of the ideological and institutional configuration of the state during King Sejong’s reign (1418–1450) by analyzing reading activities taking place in the context of the royal court as recorded in the Joseon wangjo sillok (Veritable records of the Joseon Dynasty) and other selected documentary and literary sources, mainly from the Kyujanggak archives. The paper starts by exploring the practice of reading in state rituals, assessing its significance as a public demonstration of royal authority. It then investigates how reading constituted a primary activity performed by the king, the crown prince, and other young male members of the royal family. Finally, it considers how the ruler actively used reading as an instrument of governance, assigning the reading of specific books as a strategy for reinforcing ideological and administrative control in and outside the royal palace.

Legal Instruments of Social Control in Swiss and Polish Self-Government: A Doctrinal and Legal Study

Abstract One of the basic instruments of direct democracy is the referendum, which is particularly developed in Switzerland. In Poland, due to historical conditions, there is no tradition of using referendums; however, in recent years, the participation of citizens in public co-decision has started to be implemented through the instruments of governance (participatory democracy), i.e. the village council fund and participatory budgeting. Apart from the basic function, i.e. active participation in making public decisions, all the above-mentioned instruments should also fulfill another important role: it is social control in the financial sphere. Therefore, this study attempts to answer the following research question: do the instruments of direct and participatory democracy fulfil the function of social control in the field of public financial decisions, and if so, how? According to the adopted hypothesis, both the forms of direct and participatory democracy also constitute (contain) elements of social control of the activities of public authorities. And by their very nature, these legal instruments of social control are implemented in the form of ex ante external control. To verify this view, the study interprets the content of foreign and domestic acts of universally binding law (cantonal constitutions, statutory provisions).

The sustainable development goals: governing by goals, targets and indicators

How do the goals, targets and indicators of the Sustainable Development Goals (SDGs) serve as governance instruments in efforts to achieve the SDGs by 2030? This perspective addresses this question in three sections. First, it develops an account of how we should understand governance for the SDGs that highlights the role of targets and indicators, but also institutions and norms, in this model of ‘soft’ governance. Second, it then offers a brief assessment of how the SDGs have worked as governance innovation since 2015, highlighting changes in the infrastructure of the SDGs and some national contexts, but also limitations. This section also considers the place of national ownership as a principle, integral to the SDGs, which constrains the transformative potential of the goals and targets. A final section considers how elements and mechanisms of SDG governance might be developed further. It points toward the importance of scaling up pockets of innovation and goal achievement across jurisdictions and levels of governance, while raising questions about expectations for SDG achievement beyond 2030.

How effective are international framework agreements in subsidiary companies of multinational enterprises? A case study of the international framework agreement of Anglogold Ashanti, Ghana

This paper investigates issues relating to the two International Framework Agreements (IFA) of 2002 and 2009 of AngloGold Ashanti (AGA). IFAs have emerged as a necessary and innovative instrument of global industrial governance (Hammer, 2005) and the globalisation of business activities, and they influence financial direct investments and multinational corporations. The study investigated the effectiveness of IFA in the operations of AGA, focusing on stakeholders’ awareness/knowledge and appreciation of IFAs and the relevance and functionality of the IFA in the operations of AGA. The study occurred within the theoretical framework of sociology of law/legal sociology, which stipulates that an agreement is effective if it ensures designated effects and shapes social behaviour in a predetermined and socially appropriate manner. The methodology was qualitative with a case study design entailing data from desk research and interviews among selected mining stakeholder groups of national and local unions, AngloGold staff, government agencies, academics/researchers, other professionals and NGOs. The results showed that there was little or no awareness/knowledge of IFAs and, therefore, there was virtually no appreciation of the relevance and appreciation of these global agreements. Although AngloGold was purported to be an IFA signatory in all industrial relations literature as it deals with such framework agreements, there was no functioning IFA at AngloGold. While such agreements within the world of industrial relations are very relevant and functional especially outside Africa, this research has shown that local and national unions should be assisted by their global counterparts to deal with the challenges of international labour standards to make such IFAs very relevant and functional in Africa.

Multi-scaled city networks based on automotive industry value chain: a case study from Urban Agglomeration in the Middle Reaches of the Yangtze River

Researchers are increasingly focusing on city networks, but there has been little in-depth research on the spatial heterogeneity of city networks at different scales, which makes it easy to overlook the functional differences of various actors in the network at different scales. To fill this gap, this research employs a case study of the Urban Agglomeration in the Middle Reaches of the Yangtze River, using a combination of quantitative and qualitative methods to supplement multi-scaled data on the subject. This study reveals the emergence of three models of city networks in central China as a result of the automotive industry value chain, which spans from spare parts to automakers and sale/service. The first model is strongly connected city networks centered on the ‘Wuhan–Xiangyang–Shiyan’ economic belt and embeds itself in Hubei province. The second model is city networks centered on the ‘Changsha–Zhuzhou–Xiangtan’ Urban Agglomeration and embeds itself in Hunan province. The third model is flattened city networks that expand on their own in Jiangxi Province. The demand for vehicles fueled the growth of these city networks through spatial division of labor. However, there are still boundaries and distance that hinder expansion, and the fact that some automotive companies are state-owned has made them an essential instrument for the Chinese government to control regional city networks.

Multi-stakeholder partnerships for the SDGs: is the “next generation” fit for purpose?

Despite mixed results in the past, multi-stakeholder partnerships (MSPs) are considered important governance instruments for achieving the Sustainable Development Goals. This perspective discusses the ‘next generation’ of MSPs, comparing them to previous generations, and whether they can contribute to transformative change. The discussion is based on a first analysis of nearly 500 MSPs collected in the Transformative Partnership 2030 project, comprising a subset of initiatives on the Partnership Platform maintained by the United Nations. Three observations are made. First, only a small number of the 7000 or so entries on the Partnership Platform are active MSPs. Second, international organizations and national government are the main partners in MSPs. The most common functions are related to soft governance such as knowledge dissemination and information exchange. Third, MSPs mainly connect environmental and social SDGs, notably between climate change, biodiversity, health and education. They are less focused on the economic goals, addressing the drivers of unsustainable behavior. The perspective recommends an update of the Partnership Platform, more research on how to harness potential synergies across SDGs in MSPs and more attention to meta-governance of MSPs, at the UN level.

Optimising board oversight of compliance as a risk governance instrument

Technological advancements, extended understanding of board members' fiduciary duty and corporate scandals have put an increasing focus on board oversight of compliance as a risk governance instrument. To build and sustain board oversight of compliance, which satisfies regulatory obligations, organisational requirements and boards' needs, is an ongoing challenge and requires significant focus by compliance teams at financial services organisations. This paper outlines a framework for board compliance reporting as a two-way communication process to ensure that boards remain on top of their oversight obligations in today's era of trust, in which stakeholders are more broadly seeking an effective demonstration of organisations' compliance responsibilities. In this practice paper five core levers are defined which are required to be in place in the board compliance reporting, in order to optimise board oversight of compliance as a risk governance instrument: adaptability, empathy, active listening, transparency and effective dialogue.

Implementation Strategy of Port Clearance at UNTIA Fishing Port Makassar City, Indonesia

The contribution of Indonesia's fisheries sector in 2020 dropped by 0.63 percent compared to 2019, which grew to 6.24%. This shows that Indonesia's fisheries sector is facing problems, one of which is Illegal Unreported Unregulated Fishing (IUUF). The Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia stated that state losses due to IUUF reached 300 trillion rupiah per year. Efforts to prevent IUUF in Indonesia have been made by controlling fishing management through licensing mechanisms, fisheries supervision, and followed up with law enforcement. One of the government instruments to prevent IUUF through licensing mechanism is by issuing Sailing Approval Letter/Port Clearance (PC) for fishing vessels. This study aims to formulate a strategy for the implementation of Sailing Approval Letter licensing for fishing vessels at Untia Fishing Port (UFP), Makassar City. This research is a quantitative research with survey method. Data were obtained from observations, questionnaires to measure fishermen's perceptions and attitudes, and structured interviews. Data analysis was conducted by quantitative analysis to measure the attitude and perception of fishermen; and SWOT analysis to determine strategies to improve the service process of issuing PC at UFP-Makassar City. Based on the results of the regulatory search, the PC licensing service at UFP-Makassar City refers to Law No. 11/2020, Law No. 45/2009, and Law No. 17/2008, Government Regulation No. 27/2021, KP Minister Regulation No.3/2013 and Minister of Transportation Regulation No.82/2014. The level of satisfaction of fishermen with PC services at UFP-Makassar City is 82.32% (performance category "Good"). The elements with the lowest level of satisfaction are Handling customer complaints, Speed of service, and Ability and skills of service officers. The results of the Internal Factor analysis Strategy (IFAS) and external Factor analysis Strategy (EFAS) show that the position of UFP Makassar City in an effort to improve of PC licence services is in quadrant II (stability). The strategies that must be carried out are (a) Increase the capacity of harbourmaster in the field of information system technology; and (b) collaborate and elaborate between UFP Makassar City, Provincial and City Fisheries Offices and Universities through policy studies to encourage fishing vessels to move in UFP-Makassar City in Indonesia.

Making power visible: Business improvement districts and creative placemaking in Washington, DC

Business improvement districts represent a privatising urban governance instrument that visibly transforms urban landscapes. In the United States, the racialised impacts of business improvement districts require examination. Through a discussion of Washington, DC, a city profoundly injured by racist planning histories, we illustrate how business improvement districts, as part of a broader entrepreneurial regime, have driven gentrification citywide since the late 1990s. Focusing on the intersection of redevelopment and ‘creative placemaking’, we make visible the contradictions embedded in this business improvement district urbanism, which has harnessed the work of a network of actors to revalorise urban space while erasing working class places and in DC, its Black cultural, political and economic space.