Index

doi:10.1017/9781009329408.023

Index

3GPP (3rd Generation Partnership Project)

rules of leadership selection, 302–303

accountability, 78–81

through collective oversight, 166

defining and conceptualizing, 221–222

five dimensions of, 222, 230–238

in transnational regulatory regimes, 222–223

accountability framework

weakness at time of Russian doping scandal, 225–227

AFi (Accountability Framework initiative), 148

alignment of values with strategic goals

and ISO, 277–281

anti-doping regime

accountability response, 238–240

at time of Russian doping scandal, 225–227

prior to Russian doping scandal, 223–228

role of state, 227–228

structure, 224

API (American Petroleum Institute), 197

criticisms of role as standard-setter, 203–204

organizational changes

transnational dimension, 217–218

organizational response to DWH accident, 204–205

origins and growth, 198–199

resilience in wake of DWH disaster, 218–219

resistance to governmental safety regulations, 199–200

apparel sector, 157–159

labour governance in Bangladesh, 159–161

Athlete Biological Passports, 227

autonomous agency

capacity and capability for, 317–318

Bangladesh Accord for Building and Fire Safety, 154–156, 159, 161–163, 172–173

as collaborative governance, 159–161

collective action problems, 168–172

collective leverage, 166

collective oversight, 166

highly focused approach, 167

legally enforceable commitment, 164–165

pooling of resources, 166–167

pre-competitive collaboration, 164

transnational co-determination, 163–164

worker voice in, 165–166

Bangladesh RMG sector, 159–161

Barclays

and LIBOR manipulation, 107–108

Basel Accords, 89–90, 119

BBA (British Bankers’ Association), 31, 102

reforms in financial crisis, 106–107

BCBS (Basel Committee of Banking Supervision), 116–119, 129–130

membership, extended, 125–126

peer assessment program, 126–129

resilience

endogenous factors, 125–129

exogenous factors, 122–125

weaknesses, 119–122

Bernstein, S., 177

Bonsucro, 145, 151

break-bulk cargo, 249

BSEE (Bureau for Safety and Environmental Enforcement), 197, 201–203

BSEE-COS co-regulatory scheme, 215–216

oversight of third-party audit scheme, 211–215

role as meta-regulator, 209–211

CAC (collective action clauses), 93–94

capacity and capability

distinction between, 318

CAS (Court of Arbitration for Sport), 225, 236

CDOs (collateralized debt obligations), 63

CENELEC, 327

certification fatigue, 136

Chain of Custody, 146

requirements, 142

China

and the ITU, 67–74

new IP proposal, 71–72

rise of, 287–289

challenge for IEC, 336–338

as global technology leader, 290–296

responses of IEC, 338

China Standards 2035, 70, 291

China Telecom

proposal for facial recognition standards, 72–73

CJEU (Court of Justice of the European Union), 28

clothing sector. See apparel sector

collaboration

in risk mitigation and remediation, 148–152

pre-competitive

and Bangladesh Accord, 164

collaborative governance

Bangladesh Accord, 161

collective action dilemma, 156

collective action problems

and Bangladesh Accord, 168–172

collective leverage

and Bangladesh Accord, 166

consumer movement

rise and resurgence, 339–341

containerization

early days of, 251–254

standardization, 253–256

controllability

and anti-doping regime, 234–236

co-regulation

and SEMS regulations, 207–209

corporations

influence in public standard-setting bodies, 74–76

COS (Center for Offshore Safety)

BSEE-COS co-regulatory scheme, 215–216

creation, 204

governance, 204–205

role in implementing SEMS regulations, 205–207

crises, 2

and resilience, 29–30, 36–37

organizational, 6–7

as critical moments, 155

contours of, 3–6

definition of, 350

as distinct from regulatory failures, 351–355

impact on regulatory processes, 351

TPR responses to, 350–355

types of, 262

democracy, 77

democratic legitimacy, 76–78

derivatives, 52, 60–63

OTC, 63

deterritorialization, 50

DEVPRO (ISO Programme for Developing Countries), 269

creation of, 267

Dodd-Frank Act (2010), 63–64

DSSI (Debt Service Suspension Initiative), 87, 96–98

DWH (Deepwater Horizon) oil spill, 197, 200–201

ecosystem resilience, 23

engineering resilience, 23

European Network for Debt and Development, 98

Europeanization, 28

facial recognition standards, 68

China Telecom proposal, 72–73

Fair Labour Association, 136

Federal Deposit Insurance Corporation, 62

finance, 30–34

and politics, 57–59

Financial Conduct Authority (FCA), 32

financial inclusion, 60

financial instruments and institutions

development of, 59–64

financialization of daily life, 60

flags of convenience, 251

flexibility in standard-setting

of ISO, 270–276

forum shopping, 55

fragmegration, 50

fragmentation, 348

and globalization, 48–56

free riding, 2–3

concept of, 39–40

of private ordering, 22, 39

proactive

transition to, 40–43

FSB (Financial Stability Board), 118–119

FSC (Forest Stewardship Council), 34

Policy for Association, 143–144

G20 (Group of 20), 118–119

Gang of Six, 85, 98

gender equality

in IEC standard-setting, 341

GFSI (Global Food Safety Initiative), 174–176, 346, 348

food safety standards improvements, 187–189

globalization of benchmarking, 189–190

institutionalizing legitimacy, 192–194

legitimacy dynamics, 190–192

openness and transparency, 185–187

pluralization of constituents, 181–185

rise of, 179–181

global governance

material standards in, 256–257

Global South

participation in IEC standard setting, 330–336

GlobalGAP, 179

globalization, 243–244

and fragmentation, 48–56

in scholarship on private lawmaking, 245–246

globalization/fragmentation dialectic, 53

GMO (genetically modified organisms), 146

GSTC (Global Sustainable Tourism Council), 34

heterarchy, 47, 49

uneven, 56

HRDD (human rights due diligence), 134–136

expanding requirements, 143–148

impact on VSS, 143–152

relevant aspects for VSS, 141–143

as threat and opportunity for VSS, 138–141

and VSS, 152–153

Huawei

rise as global technology leader, 290–296

human rights, 81–82

hybridization

of private and public, 53–54

ICT standardization

competition for leadership, 287–289

IEC (International Electrotechnical Commission), 70, 310–313

and consumer movement, 339–341

essential attributes, 314–317

gender equality in standard-setting, 341

resilience

and competition, 325–330

and the Global South, 330–339

learning, 341–342

pursuit of, 319–322

and technological change, 322–325

IEEE-SA (Standards Association of the Institute of Electrical and Electronics Engineers)

rules of leadership selection, 303–304

IETF (Internet Engineering Task Force)

rules of leadership selection, 304–305

IIF (Institute of International Finance), 85–87

in 1980s, 87–89

in 1990s, 89–91

in 2000s, 91–96

during Covid-19 pandemic, 97–98

standard-setting and organizational resilience, 98–100

institutionalization

of accountability framework, 238–239

of legitimacy, 192–194

nested, 239

internet protocols, 71–72

IOC (International Olympic Committee), 220–221, 223

and liability, 233–234

responsiveness, 237–238

at time of Russian doping scandal, 225–227

transparency, 231

ISA (International Federation of the National Standardizing Associations), 264

ISDA (International Swaps and Derivatives Association), 33–34, 113

ISEAL (International Social and Environmental Accreditation and Labelling) Alliance, 34, 152

ISO (International Organization for Standardization), 69–70, 261–262, 311–312, 326

business model, 283–285

institutional structure and governance, 281–283

meeting needs of developing countries, 266–267

origins and growth, 264–266

resilience of, 285–286

traits of resilience, 269–285

ITA (Independent Testing Authority), 235

ITU (International Telecommunication Union), 66

and human rights, 81–82

China’s choice for, 67–71

recent regulatory battles at, 67–74

rules of leadership selection, 301–302

JO-IN (Joint Initiative on Corporate Accountability and Workers’ Rights), 34

legitimacy

democratic, 76–78

democratic vs. expertise-based, 339–341

and GFSI, 190–194

in transnational private rule-making, 176–179

three pillars for, 178

in transnational regulatory regimes, 222–223

leverage

through collective action, 166

liability

and anti-doping regime, 232–234

LIBOR (London Interbank Offered Rate), 31–33

Barclays settlement, 107–110

and BBA reforms, 106–107

origins and evolution, 104–106

reform and replacement, 110–114

scandal, 101–103

manufacturing sector, 34–36

Mashaw’s five parameters of accountability, 221

meta-regulation, 208–209

MMS (Minerals Management Service), 199, 202

monopoly of legitimate violence, 55

MSC (Marine Stewardship Council), 34

NADOs (National Anti-Doping Organizations), 225

NCPs (National Contact Points), 140

neoliberalism

and private collective action, 23–24

new materialist approaches, 256–257

New Vertical Communication Networks, 71

NYSE Euronext, 32

OECD report Compendium of International Organisations’ Practices (2021), 75–76

partnerships

coordination of activities

and ISO, 276–277

pentangles, 57

personalist autocracy, 50

politics

and finance, 57–59

Principles for Stable Capital Flows and Fair Debt Restructuring, 93–96

private collective action

and neoliberalism, 23–24

new theory of, 43–45

private governance

European example, 24–27

private regulators, 2

private regulatory bodies, 21–22

privatization of governance, 55

public standard-setting bodies

influence of corporations, 74–76

RADOs (Regional Anti-Doping Organizations), 225

RCAP (Regulatory Consistency Assessment Program), 126–129

REDD+, 152

regulatory arbitrage, 55

rentier capitalism, 60

resilience, 351–352

concept of, 6–7, 313

and crises, 29–30, 36–37

dark side to, 7

and ecosystems theory, 23–24

principles of

and ISO, 269–285

theoretical sketch of, 317–319

Resolution Stay Protocol, 33

responsibility

and anti-doping regime, 236

responsiveness

of anti-doping regime, 236–238

REVEAL (Resilience and Evolution of Economic Activism and the Role of Law), 3

risk mitigation and remediation

collaboration in, 148–152

RSPO (Roundtable on Sustainable Palm Oil), 144, 146, 150

Russian doping scandal, 221, 228–230

sabotage, 60, 64

SDOs (standards development organizations)

Chinese participation, 287–288, 291–294, 329–330

competition with IEC, 325–330

governance

fragility of, 296–297

models, 297–299

integrity of processes, 299–300

leadership

legal and institutional dimension, 306–308

rules of selection, 300–306

SDRM (Sovereign Debt Restructuring Mechanism), 86, 91–93

sectoral differentiation, 56–57

securitization, 31, 60–63

SEMP (Safety and Environmental Management Program), 199–200

regulations, 201–203, 206

co-regulation, 207–209

regulations II, 206–207

sensors, 323

shadow banking, 62–63

shareholder value capitalism, 60

shipping

pre-containerized, 249–252

SIVs (Structured Investment Vehicles), 63

Social Accountability International, 136

SOFR (Secured Overnight Financial Rate), 111, 113

soft law

difference from TPR, 344

resilience of, 123–124

sovereign debt restructuring

contractual framework

in Covid-19 pandemic, 96–98

SPVs (Special Purpose Vehicles), 63

stakeholder embeddedness, 318

standard-setting

flexibility in, 270–276

and organizational resilience, 99–100

supply chain model, 155

TBT agreement (WTO Agreement on Technical Barriers to Trade), 267–268, 278–279

TPR (transnational private regulation), 1, 343–346

and regulatory failures, 135–138

relationship with public regulators, 347–350

responses to crises, 350–355

way forward, 355–356

tradability

of financial instruments, 60

tragedy of the commons, 156

transnational co-determination

and Bangladesh Accord, 163–164

transnational law, 243

transnational neopluralism, 57

transnational regulatory networks, 117

transnational regulatory space

organization of, 345–347

transparency, 80

of anti-doping regime, 230–232

UN specialized agencies, 66

US Emergency Banking Act (1933), 62

VEA (voluntary economic activism), 22, 40, 43, 45, 253, 306

venue shopping, 54

Vienna Agreement, 277

Voluntary Principles for Debt Transparency, 96

VSS (voluntary sustainability standards), 35–36, 133–135, 137

and HRDD, 152–153

impact of, 143–152

relevant aspects, 141–143

threat and opportunity, 138–141

goals, 138

WADA (World Anti-Doping Agency), 220–221, 223–225

autonomy vis-à-vis IOC, 235–236

and controllability, 234–236

investigation of Russian doping scandal, 228–230

and liability, 233–234

and responsibility, 236

responsiveness, 237–238

at time of Russian doping scandal, 225–227

transparency, 230–231

wearable technologies, 323

worker safety

as collective action problem, 157–159

worker voice

in Bangladesh Accord, 165–166

WTO (World Trade Organization), 349

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