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This chapter presents a theoretical framework to analyse the interaction between ‘history-making’ and ‘everyday’ practices of integration in the EU. The framework, based on liberal intergovernmentalism and institutionalised international governance, was applied to the Amsterdam Treaty as a plausibility test. The framework provided insights on how future politics of ‘everyday integration’ may interact with the ‘grand bargain’ of the Treaty, including the consequences of the 2000 intergovernmental conference.

This chapter explores the utility of the concept of constitutionalism as a perspective to study and understand the changing nature of the relationship between international and national law. It develops a critical point of view towards two alternative concepts: the first concerns the description of ‘international governance’ from the perspective of a network structure; the second concerns models of legal pluralism. It suggests a re-conceptualization of international law by shifting from actor-centrism to subject-matter-orientation, which can be currently witnessed in international law in general. Finally, the chapter sketches a model in which processes of constitutionalization on different levels may be analyzed and taken into account in order to develop an inclusive international law. It argues that ‘constitutionalization of international law’ has to be seen as a deliberative process in which new forms of hierarchies are gradually being developed.

This chapter begins with a discussion of the national sovereign state and international law. It then presents a definition of international governance: the process by which the international community on the basis of shared values and interests collectively manages resources, issues, and conflicts in a world that is increasingly a ‘global neighbourhood’. An overview of the subsequent chapters is presented.

This chapter concentrates on the protection of property rights through expropriation norms and the way the articulation and adjudication of these may impact upon human rights goals. The purpose of this chapter is two-fold: firstly to consider whether anti-expropriation norms are a barrier to human rights promotion through their content, application, or even the regulatory chill effects that might flow from expansive indirect takings norms; and secondly, to consider to what extent the development of comprehensive and balanced tests at the interface of potentially conflicting international governance regimes places great responsibility on adjudicators to expand upon the more open-ended norms that typically arise from treaty negotiations. A subsidiary question is whether the traditionally private field of international arbitration is as well suited to perform this function as a more permanent body such as the Appellate Body of the WTO or a body with broad public international law expertise such as the International Court of Justice.

This chapter examines how the liberal project, even on the scale and depth employed by the international governance of Kosovo, is susceptible to local co-option, particularly where one group can adopt the language of the liberal peace and has strong support from, and credibility in the eyes of, the international community. This has led to a focus on achieving statehood for Kosovan Albanians, the marginalization of other identity groups and their agendas (most vocally Kosovo's Serbs), and consequently the undermining of the pluralist goals of peacebuilding with the implicit cooperation of liberal peacebuilders. Given Serb opposition to statehood for Kosovo, there is a danger that liberal peacebuilding has encouraged the partition of Kosovo rather than created a pluralist polity, as it has already contributed to the emergence of a highly contested declaration of independence.

This chapter discusses international institutions’ horizontal interplay studies conducted to better understand institutional interaction. Driving forces/mechanisms of institutional interplay are examined along with principal strategies used for studying institutional interaction by scholars. The collective action approach used for the study of international governance institutions is compared with the social practices approach, providing the perspective of both the studies on international governance institutions. Institutional interaction research implications for policymaking are discussed, with emphasis on reforming institutional interaction political management and international environmental governance. Institutional interaction research progress identifies interplay management and institutional complexes as priority areas of research.

The turning of the twenty-first century has been marked by reforms in corporate governance practices around the world. Prevalent ways of doing business are changing with increasing demands for corporate transparency and accountability, shifts in ownership control, empowerment of new types of owner, and so on. Countries and firms have adapted their corporate governance policies and practices accordingly. This chapter explores the current patterns of the ownership structure of publicly listed firms in six emerging countries: Brazil, Chile, South Korea, Czech Republic, Hungary, and Poland in the beginning of the twenty-first century, and compare our data with existing research from the 1990s. The chapter concludes that, although concentration of corporate shareholdings continues to be a common denominator among these emerging countries, the processes and structures controlling firms are remarkably different.

Interplay management and institutional complexes, the two basic themes associated with institutional interaction research, have been analyzed in this book. This chapter presents the cases related to international environmental governance that will help to conduct future research in this field. There is a lack of centralization and cross-institutional coordination in efforts that are being made for increasing synergies, avoiding conflict, and maximizing global environmental governance through interplay management. Interplay management structures have failed to play the desired role in developing cross-institutional relations. The chapter focuses on the role of political will, which is more important and evident than institutional design in shaping and strengthening environmental policy integration in institutional complexes.

Across many countries, professional governance is under the spotlight of health policy makers and subject to public debate. This book provides new data and geopolitical perspectives in the debate over how to govern healthcare. It sets out to highlight new international directions and the significance of national contexts for the changing health workforce based on complex sets of cultural and institutional regulatory patterns. One central goal of the new health policies that are emerging is accountability and control of professionals, which in turn calls for tighter regulation and new forms of professional development. This chapter describes the changing context of professional governance, researching the changing international governance in healthcare, new health policies remaking state-professions-citizens relationships, professional development and the structure of the book.

There are different levels on which the concept and the principles of good governance have been developed: national, regional, and international. On the national level there are the developments of prevention maladministration but also from the regional and the international level there are injections—by harmonization and cooperation between the national governments—for these concepts and principles of good governance on the national level. Where on the national level the original concept of the rule of law was developed to protect the citizens, the concept of democracy made it necessary to provide more influence from the citizens. That was also because of the important realization of social and political rights and the more important active role of the government. In addition to the classical principles, more attention was also given to effectiveness and accountability of governmental institutions. Because of the fragmentation of administrative law there was also more attention given to the development of general administrative law acts on a national level. There were several initiatives of codes for good governance and good administration. There was the development of the regionalization of administrative law. And, especially on an international level, the international institutions were more and more focused on good governance.

This chapter examines the effect of the Dayton Peace Accords by unpacking the components of liberal peacebuilding in Bosnia and questioning if the current situation is the result of a failure of liberal peace praxis. In particular, it explores the nature of the relationship between international (sovereign) governance, the national/local political leadership, and the Bosnian peoples, which is the site of a clear disconnect, if not a continuing struggle. It shows how this lack of cooperation is derailing liberal peacebuilding and the construction of a multi-ethnic and democratic state in Bosnia. The resultant political stalemate between nationalist groups, particularly in parliament, has led to a stagnation of the liberal statebuilding process. The result may see Bosnia left to fester in a virtual form of liberal peace with the causes of the conflict left unresolved amidst a chronic socio-economic crisis and a fragile security situation.

Climate engineering or "geoengineering" is an umbrella term that encompasses a wide array of speculative, highly technological climate change response options. Proposals include using various means to draw greenhouse gases from the atmosphere or to reflect incoming solar radiation back into space. This chapter asks, can the existing tools and techniques of global governance, and particularly existing international environmental institutions, effectively govern climate engineering? The chapter offers a history of the fast-evolving climate engineering conversation, and then looks at a range of existing international environmental regimes to determine whether the architecture is already in place for climate engineering governance. Ultimately, the chapter argues that the United Nations Framework Convention on Climate Change offers a starting point for formal governance, though has shortcomings for this purpose. Governance of emerging technologies on the New Earth will demand innovative thinking and twists on established forms of response.

This chapter traces the evolution of the role that standards bodies have assumed in contemporary regulation, as well as strategies for enabling standardization to play a more effective and widely approved role in transatlantic regulation. It argues that in international standardization, the choice of equilibria institutions and practices (particularly in ISO and IEC) has been made primarily by the Europeans; that is, European states have acted as first movers in the coordination game. Americans, on the other hand, have been the laggards, the second movers. The study concludes with a discussion of possible reforms, including: the introduction of weighted voting; a cooperation agreement between ISO/IEC and the standards-developer organizations on a sectoral basis; and the use of the Dresden or Vienna Agreement as a model.

Chapter 4 explores the negotiating landscape that faces those who would reform the international governance regime. It shows the post World War II dispersion of economic power and the turbulence in the global IT sector that requires new forms of market leadership. It also considers who must be present at the negotiating table and why. We explore whether, as governance preferences among key countries widens, a “credible club,” a core group of reasonably like-minded countries with sufficient influence to alter the world market, still exists to initiate meaningful governance reform? The answer is yes. Chapter 4 also explains why technocratic efficiency and political reality require that “civil society” play a larger role in any governance strategy.

Chapter 2 lays out the hard core of a postfunctionalist theory of international organization. The point of departure is to conceive governance as a social contract among rational actors to escape anarchy. It refines social contract theory by assuming that a contract for governance can concentrate authority or disperse it across territorial scales by bundling problems or decomposing them among separate jurisdictions. Postfunctionalism proposes that the willingness to conclude a highly incomplete contract depends on whether participants think of themselves as a community. The remainder of the book specifies and tests the theory’s observational implications.