International Governance Framework Research Articles

Regulatory Issues of Data and Algorithms for the Data-Driven Economy

Abstract Data and algorithms are the lifeblood of the data-driven economy. Big data and big algo are bringing new challenges and legal issues to the fore. This article deals with some aspects of these issues and tries to put forward an analytical framework for typifying, securing access to and use of data, and ultimately maximizing the generation and flow of data. This article then deals with algorithms and endeavours to propose six principles for auditing algorithms and a brand new international governance framework for algorithms and their auditing via a treaty and relevant mechanisms.

The Security Governance Challenge of Emerging Technologies

In recent decades, governments have been ineffectual at regulating dangerous emerging technologies like lethal autonomous weapons and synthetic biology. In today’s era of great power competition, changing course is difficult but imperative. Four areas of technological development illustrate the generic problem of responding to innovation: the complexity of the analysis required to determine the best governance responses, the difficulties of building a consensus for action, and the urgent need for institutional frameworks that facilitate anticipatory rather than reactive regulation. The international community needs new, standing international governance frameworks to address this growing challenge.

Toward an Intergovernmental Transparency Arrangement for Fossil Fuel Production

To achieve the Paris Agreement’s temperature goals, a managed decline of fossil fuel production is necessary. Heeding this message, there are growing calls for an international governance framework to facilitate cooperation on winding down fossil fuel production. Promoting transparency is of major importance for international cooperation on winding down fossil fuel production effectively and equitably. Specifically, to align fossil fuel production with climate change goals, a better understanding of global trends in current and planned production is required. However, at present such information is incomplete, inconsistent, and scattered across a range of transparency initiatives, and much of this information is reported or collected largely on a voluntary basis. This article therefore explores how an intergovernmental transparency arrangement could be designed, drawing on examples of intergovernmental transparency arrangements in various areas of international law and governance. The article concludes that an intergovernmental transparency arrangement for fossil fuel production should: (1) allow for differentiation, but subject to minimum requirements; (2) provide capacity-building support for developing countries; (3) combine technical and peer review; (4) ensure that follow-up activities are linked to the outcome of the review process; and (5) provide for non-state actor participation.

Domestic violence, women's health, and the sustainable development goals: integrating global targets, India's national policies, and local responses.

Domestic violence (DV) is a serious public health concern, affecting women's health and well-being. An international governance framework, through the United Nations' Sustainable Development Goals and national policies in India have committed the country to attempt elimination of violence against women. Even so, efforts remain starkly inadequate for altering conditions under which women experience DV. This review paper aims to develop an evidence-based, integrated life cycle model to alter conditions that perpetuate DV and related vulnerabilities in society. The analyses identify and determine community-based innovative practices and policies. We propose a collaborative 'R5 model' to incorporate a multi-stage response to break the cycle of gendered vulnerability. The model identifies five stages of vulnerability in the lives of victims of violence: rescue, recovery, rehabilitation, resilience, and reform. This approach can result in promoting a proactive state-society engagement to uphold the rights and the welfare of women. We recommend the 'R5 model' to bridge the global SDG targets, national policies, and local practices.

Mineral Resource Governance in the 21st Century and a sustainable European Union

Mineral Resource Governance in the 21st Century and a sustainable European Union

Governance of professional accounting bodies: a comparative analysis

PurposeThis study examines the governance structures, practices and related public disclosures of the world's largest professional accounting bodies (PABs). Key aims are to advance the limited available knowledge and guidance on PAB governance and highlight avenues for further research and debate on how PABs can strengthen their governance arrangements.Design/methodology/approachContent analysis of extant governance arrangements for the subject PABs was conducted using a range of secondary data and guided by available international governance frameworks. The authors focused on identifying critical differences across the studied PABs. The governance recommendations and future research themes presented emerged from an analysis of relevant knowledge on governance practices from the academic literature and other sources.FindingsThe paper presents a detailed comparison of PAB governance arrangements across the themes of strategic disclosures, committee arrangements and member engagement. From this analysis, 20 recommendations are presented that seek to fortify the capacity of PABs to uphold their professional and public interest responsibilities.Originality/valueThis is the first paper to systemically examine the governance arrangements of the world's largest PABs. It thus adds to knowledge about the efficacy of extant arrangements in facilitating accountable and transparent self-regulation of PAB responsibilities. Crucial future research opportunities are also highlighted to provoke and guide long-neglected debate on PAB governance.

Outbreaks of Vector-Borne and Zoonotic Diseases Are Associated With Changes in Forest Cover and Oil Palm Expansion at Global Scale.

Deforestation is a major cause of biodiversity loss with a negative impact on human health. This study explores at global scale whether the loss and gain of forest cover and the rise of oil palm plantations can promote outbreaks of vector-borne and zoonotic diseases. Taking into account the human population growth, we find that the increases in outbreaks of zoonotic and vector-borne diseases from 1990 to 2016 are linked with deforestation, mostly in tropical countries, and with reforestation, mostly in temperate countries. We also find that outbreaks of vector-borne diseases are associated with the increase in areas of palm oil plantations. Our study gives new support for a link between global deforestation and outbreaks of zoonotic and vector-borne diseases as well as evidences that reforestation and plantations may also contribute to epidemics of infectious diseases. The results are discussed in light of the importance of forests for biodiversity, livelihoods and human health and the need to urgently build an international governance framework to ensure the preservation of forests and the ecosystem services they provide, including the regulation of diseases. We develop recommendations to scientists, public health officers and policymakers who should reconcile the need to preserve biodiversity while taking into account the health risks posed by lack or mismanagement of forests.

BigFintechs and International Governance, Policymaking and the United Nations Sustainable Development Goals: the SDGs in the International Governance of Finance

Digital finance platforms - BigFintechs (BFTs) - have significant impacts, both positive and negative, on the path towards achieving the United Nations Sustainable Development Goals (SDGs). At present, however, there is no systematic or holistic international governance framework that manages potential negative impacts or effectively encourages positive impacts. As such, this Technical Paper of the UN Taskforce on Global Digital Finance Governance provides an overview of the ways in which a select set of SDGs are reflected in international governance and their potential lessons and implications for the governance of BFTs. The paper begins by discussing the international human rights system — a well-established ‘hard law’ framework — as it touches on almost the full range of the SDGs. From this, we turn to several other SDGs where there has been significant focus and where well-developed international approaches have emerged. In particular, we consider the international frameworks addressing, in turn: decent work and economic growth (SDG 8); gender equality (SDG 5); climate change (SDGs 12, 13, 14 and 15); and peace, justice and strong institutions (SDG 16). We begin with the international human rights law (IHRL) framework because of its unique complementarity to the SDGs. Analysis shows that more than 90 per cent of the SDG targets are intrinsically linked to specific provisions of international and regional human rights instruments and labour standards. However, while IHRL is typically associated with state-based actors, we discuss the important shift that is currently taking place as IHRL broadens its applicability to private actors as well, thus including BFTs. The growing movement and imminent applicability of mandatory corporate human rights due diligence is a significant shift for which many companies are unprepared, and few understand. At present, most companies do not appreciate the true nature and extent of their human rights impacts. We discuss some of the implications that transplanting or subsuming notions of state obligation may have on current notions of corporate (social) responsibility and what this could mean for BFT corporate strategy in relation SDG impacts. On the matter of decent work and economic growth (SDG 8), we discuss recent developments and issues of concern that are both internal and external to BFT operations. As BFTs hail from a wide expanse of sectors such as e-commerce, social media and ride hailing services, the challenges to labor and their working conditions are equally as complex and varied. Internally, pertinent labor issues can include the hazardous nature of workplace environments, such as warehouses and call centers; the contestation over the right to be considered a ‘worker’ rather than an independent contractor (in the ‘gig economy’), and the ensuing labor protections that are associated with the former; and the application of artificial intelligence (AI) to supervise labor in sometimes discriminatory ways. To highlight, we discuss the UK Supreme Court’s recent decision on Uber’s driver policies and the labor union decision at Amazon. With regards to external challenges, we discuss the issues of modern slavery and supply chain due diligence, and how they arise in the context of BFTs. In all cases, we highlight the need for BFTs and regulators to strike a balance between protecting vulnerable workers while developing appropriate governance frameworks that can fulfil the tremendous potential of platform-based business models. Our coverage of climate change (SDGs 12, 13, 14 and 15) complements Technical Paper 3.1. Whereas Technical Paper 3.1 presented some of the initiatives being pursued by prominent regulators, such as the European Commission, in this paper we broaden that scope to consider governance initiatives by the private sector as well. We situate BFTs within the sustainable finance context as either financiers or issuers and present relevant frameworks such as the Equator Principles (EPs) and the United Nations Principles for Responsible Investment (PRI). In so doing, we highlight how we are currently in a relatively nascent stage in the development of international governance ‘green’ and sustainable capital markets. This development will require considerable effort and alignment of purpose and initiative across both the public and private sectors. Finally, we provide an overview of governance initiatives pertaining to SDG 16 (peace, justice and strong institutions). The primary international governance frameworks in this domain are those for anti-money-laundering (AML), countering the financing of terrorism (CFT) and anti-corruption/anti-bribery. This discussion of how a range of existing approaches and their relationship to the SDGs are reflected in the international governance of BFTs demonstrates the significant impact that BFTs have in our drive towards achieving the SDGs. However, the discussion equally highlights that much work is still required if we are to effectively manage that impact. Given the potential of BFTs’ platform-based model to offer catalytic opportunities for economic development, particularly in developing countries, it is important for policymakers and regulators to develop appropriate governance frameworks that are infused with the right principles and values.

Hardening and softening of multilateral climate governance towards the Paris Agreement

ABSTRACT This article assesses the evolving ‘stringency’ of multilateral climate mitigation governance towards the 2015 Paris Agreement. To do so, we systematically distinguish four key dimensions of hard/soft governance: (1) formal legal status; (2) the nature of the obligations (procedural-substantive); (3) prescriptiveness and precision; and (4) implementation review and response. We find that the governance approach of the Paris Agreement is significantly softer than the 1997 Kyoto Protocol, but harder than the 2010 Cancun Agreements under the UN Framework Convention on Climate Change. As a result, the Paris Agreement has had a differentiated effect on the stringency of governance. On the one side, it has softened climate governance for countries that are parties to the Kyoto Protocol, most notably the European Union. On the other side, it has hardened the international governance framework for developing countries and industrialised countries that are not subject to the Kyoto Protocol, including the US, Japan, Canada, and Russia. The shifting climate geopolitics of the twenty-first century helps us understand this development.

Outbreaks of Vector-Borne and Zoonotic Diseases Are Associated With Changes in Forest Cover and Oil Palm Expansion at Global Scale

Deforestation is a major cause of biodiversity loss with a negative impact of deforestation on human health. This study explores at global scale whether the loss and gain of forest cover and the rise of oil palm plantations can promote outbreaks of vector-borne and zoonotic diseases. We examine the global trends between changes in forest cover in recent decades and epidemics of infectious diseases. We find that the increases in outbreaks of zoonotic and vector-borne diseases from 1990 to 2016 are linked with deforestation, mostly in tropical countries, and with reforestation, mostly in temperate countries. We also find that outbreaks are associated with the increase in areas of palm oil plantations. Our study gives new support for a link between global deforestation and outbreaks of zoonotic and vector-borne diseases but evidences that reforestation and plantations may also contribute to epidemics of infectious diseases. The results are discussed in light of the importance of forests for biodiversity, livelihoods and human health and the need to urgently build an international governance framework to ensure the preservation of forests and the ecosystem services they provide, including the regulation of diseases. We develop recommendations to scientists, public health officers and policymakers who should reconcile the need to preserve biodiversity while taking into account the health risks posed by lack or mismanagement of forests. Significance Statement: While deforestation is a major cause of biodiversity loss, few studies have investigated globally the impact of deforestation and land conversion to commercial plantations on human health. Our study gives new support for a link between global outbreaks of zoonotic and vector-borne diseases and either global deforestation or reforestation and commercial plantations. We conclude that is time to build an international governance framework to ensure the preservation of forests and the ecosystem services they provide, including the regulation of disease transmission.

Key components of international and European governance for quality of care

Abstract The legal status and binding nature of various international governance and guidance instruments to foster and support quality strategies in European countries differs substantially. This presentation introduces and discusses the four main elements of an integrated international governance framework for quality in health care: i) raising political awareness of the relevance of health care quality and creating a common vision on how to improve it; ii) implementing this vision into actual policy frameworks by sharing experience and practice between countries; iii) developing and providing standards and models (voluntary or mandatory) that can be transposed into national policy; iv) measuring, assessing and comparing quality by developing better information, better indicators and methodologies as well as dissemination strategies. The presentation will also focus on how quality in health care is addressed through EU policy, first through EU provisions and policies that are meant to ensure free movement of citizens and goods and establish an internal market, and by means of more horizontal and generic EU policies on quality and safety that stem from the mandate to support, coordinate or supplement national policies. It will further highlight how EU integration and policy touch upon quality in health care and how the approach has evolved over time.

‘TAMA’ economics under siege in Brazil: the threats of curriculum governance reform

This article considers the curriculum framework governing economics teaching in Brazilian higher education. We assess economics teaching according to three criteria: its pluralism or monism regarding economic theory and method; its treatment of economics’ wider socio-political dimensions; and its educational philosophical approach and goals. Against these criteria we conclude that Brazilian economics has been pluralist and open, particularly in comparison to other international governance frameworks. However, we argue that Brazil’s prevailing TAMA – There Are Many Alternatives – framework is threatened by strong disciplinary, institutional and wider political pressures with both domestic and global roots. These forces may force Brazilian economics teaching to be less open, becoming more like the existing hegemonic approaches, such as those operating in Anglo/US systems. These changes partly reflect the neo-liberalization of higher education.

Adopt a moratorium on heritable genome editing.

Eric Lander, Francoise Baylis, Feng Zhang, Emmanuelle Charpentier, Paul Berg and specialists from seven countries call for an international governance framework. Eric Lander, Francoise Baylis, Feng Zhang, Emmanuelle Charpentier, Paul Berg and specialists from seven countries call for an international governance framework.

Technology and Trust: The Challenge of Regulating Digital Platforms

This paper considers issues around digital platforms and their ethical responsibilities in the context of a wider crisis of institutional trust in liberal democracies. It discusses options for external regulation as self-regulation appears to have failed, which include industry codes of practice, the application of 'soft law', regulation through media policy, and international governance frameworks.

Drone Proliferation and the Challenge of Regulating Dual-Use Technologies

AbstractThe controversy surrounding military drones has generated many proposals for restricting or prohibiting existing drones, additional autonomous variants that may be created in the future, and the sale of drones to certain markets. Moreover, there is broad interest in regulating military drones, with proposals coming not only from academics but also from NGOs and policymakers. I argue that these proposals generally fail to consider the dual-use character of drones and that they therefore provide inadequate regulatory guidance. Drones are not confined to the military but rather spread across international and domestic security roles, humanitarian relief efforts, and dozens of civilian applications. Drones, their component technologies, the control infrastructure, and the relevant technical expertise would continue to develop under a military-focused regulatory regime as civilian technologies that have the potential to be militarized. I evaluate the prospects of drone regulation with the help of research on other dual-use technologies, while also showing what the study of drones can contribute to that literature. Drones’ ubiquity in nonmilitary roles presents special regulatory challenges beyond those associated with WMDs and missiles, which indicates that strict regulatory controls or international governance frameworks are unlikely to succeed. With this in mind, I further argue that future research should acknowledge that drone proliferation across military and civilian spheres is unavoidable and shift focus to considering how drone warfare may be moderated by countermeasures and institutional pressures.

Negotiating failure: understanding the geopolitics of climate change

Negotiating failure: understanding the geopolitics of climate change

On the Design of an International Governance Framework for Geoengineering

This paper explores the governance options surrounding geoengineering—the deliberate, large-scale manipulation of the Earth's climate system to counteract climate change. The authors focus solely on methods that affect the incoming solar radiation to the atmosphere, referred to as solar radiation management (SRM). They examine whether an international governance framework for SRM is needed, how it should be designed, and whether it is feasible. The authors propose a governance regime that initially has small membership and weak legalization, and is flexible in that future institutional reforms allow for broader membership and deeper commitments. The article provides supporting evidence for key aspects of the regime through past international treaties in arms control and environmental protection, including the Antarctica, Outer Space, and Montreal Protocol treaty regimes. For these cases, acting early and treating the respective problems as part of the “regulation of unexplored territory” produced more effective outcomes than the “national appropriation” approach that characterizes arms control.

What Can Be Expected from International Frameworks to Regulate Large-Scale Land and Water Acquisitions in Sub-Saharan Africa?

AbstractThis paper explores the use of international governance frameworks as being one of the ways to regulate large-scale land acquisitions (LSLAs). LSLAs are currently flourishing in both developed and developing countries, in particular in the sub-Saharan Africa region. Although they can potentially have many positive impacts in rural areas, many LSLAs have been shown to mainly produce negative impacts in poor countries with weak national policy and institutional frameworks and poorly defined rights for rural people. To successfully regulate the occurrence of LSLAs and their impacts, it needs to be understood that LSLAs are more complex than they are usually portrayed as being. Some of the complexities pertain to water issues; provenience of investors; legality and legitimacy of acquisitions; as well as the diversity of actors and the people affected. Against this background, five international frameworks are looked at: human rights, voluntary international guidelines, international global water governance regimes and bi-/multilateral river treaties, and voluntary private standards and codes. The paper concludes that the frameworks reviewed provide valuable guidance regarding LSLAs, but no single approach can help in dealing with the multitude of actors, situations, and impacts of LSLAs. Even if they are considered collectively, they can tackle many but not all challenges. Yet, their implementation could substantially improve the process and the impact of LSLAs, including their refusal. A key question is how these frameworks are deployed at the local level. Some rely on translation into national laws and on their implementation, others try to establish a direct linkage between the international and the local level. It is of great interest to study how international frameworks trickle down to local policy arenas, how they are used by stakeholders, and how they are finally shaping conflicts at the local level and affecting their results. In particular, their potential for empowering poor stakeholders should be of interest for research and development.

Effective Governance of Global Financial Markets: an Evolutionary Plan for Reform

AbstractTwo questions remain widely open when it comes to global financial markets. First, what is the raison d'être of open global markets? Second, is it possible to foster open markets without an international governance structure supervising them? Post‐crisis regulatory reform presents an acute paradox. While the content of international financial regulation is changing rapidly, the reform of governance structures is painfully slow. There is no formal governance structure dealing with cross‐border supervision of global financial institutions. In addition, there is no crystallized institutional capacity at the international level dealing with cross‐border crises and the resolution of global institutions. Other areas of concern are the global supervision of systemic risk and the absence of a reliable finance research watchdog dealing with the production of regulatory standards. This article outlines an international governance framework to deal effectively with these concerns. The adoption of the proposed plan would lead to breaking down the territorial link in the supervision of large financial institutions and of systemic risk, without causing intolerable loss of sovereignty. In addition, the proposed structure is premised on a set of explicit values. These would provide a strong signal to global markets that they need to shift their focus from speculation to development goals.

The Governance of Labor Migration in Southeast Asia

This article examines the international governance framework for labor migration and evaluates the roles of international organizations, and regional strategies, for cooperation on governance of labor migration in Southeast Asia. It focuses on the mandates and strategies used by the two key international institutions in the region, the International Labour Organization and the International Organization for Migration, which have diverse origins and ideologies. The article considers the questions: Which institution is best suited to be lead agency in the region? How can the overlap between them be coordinated? Further, as a matter of law and policy, and in light of overlapping mandates and interests, how should international dialogue around migration issues be structured in the region?