Dec 262015
 
 December 26, 2015

MSI-DHRCThe Kenan Institute for Ethics and MSI Integrity are co-hosting a one-day workshop, MSIs, Institutional Design, and Institutional Efficacy. The emergence of multi-stakeholder initiatives (MSIs) is intertwined with the history of global “governance gaps” and the story of state struggles to regulate corporate influence in an era of globalization using an institutional architecture built during an era of nation states and superpower competition. As notions of public and private (and, concomitantly, sovereign and non-sovereign) have become increasingly fluid, MSIs have become an ever-more influential regulatory tool. This workshop focuses on the institutional design of MSIs and explores two sets of questions: First, what institutional design features are emerging as typical for an MSI, what do they do, and to whose benefit? Second, what sort of standardization might be desirable, and what sort should be resisted?

Thursday, May 26th
Ahmadieh Family Conference Room (West Duke 101)

This event is by invitation only. For more information please email Suzanne Katzenstein.

The workshop will be held in the Ahmadeih Conference Room, 101 West Duke Building on East Campus. Please see map below for walking directions to the Kenan Institute for Ethics (feel free to use the crosswalk across Buchanan Blvd for a more direct route).

Wednesday Night

  • Afternoon/Early evening: arrivals and check in at King’s Daughters Inn at 204 North Buchanan Blvd. (Taxi information forthcoming.)
  • 7:00, please be in lobby of KDI – Suzanne, Shana and Virginia will have cars and transport people to dinner to Piedmont Restaurant for 7:15 reservation.

Thursday

  • Breakfast at KDI (Coffee will be available at West Duke)
    • Please walk from KDI to West Duke Building, Room 101 (this walk is about 10 minutes).
  • 9:00 Workshop begins
  • 4:45 Workshop ends
  • 6:30ish For those interested, casual dinner at a nearby pub, the Federal, on Main Street (not funded by Kenan unfortunately)

8:45-9:00—Coffee available (Please have breakfast at the King’s Daughter Inn—highly recommended)

9:00-9:15 — Introductions: Deval Desai & Suzanne Katzenstein

9:15-10:00 — Ben Collins & Suzanne Katzenstein

10:00-10:45 — Ken Abbott & Tim Buthe (discussant)

10:45-11:00 — Coffee Break

11:00-11:45 — Virginia Haufler & Barak Richman (discussant)

11:45-12:30 — Tim Bartley & Rachel Brewster (discussant)

12:30-1:30 — Lunch

1:30-2:15 — Elizabeth Fortin, Daniel Bornstein & Erika Weinthal (discussant)

2:15-3:00 — Shana Starobin & Sanjeev Khagram-unconfirmed and Deval Desai (discussants)

3:00-3:15 — Coffee Break

3:15-4:00 — Dorothée Baumann-Pauly & Andrea Renda (discussant)

4:00-4:45 Wrap up

Presenters
Kenneth W. Abbott is the Jack E. Brown Professor of Law in the Arizona State University College of Law, Professor of Global Studies in the School of Politics and Global Studies, and Senior Sustainability Scholar in the Global Institute of Sustainability. Professor Abbott’s teaching and research focus on the interdisciplinary study of international institutions, international law and international relations. He studies a wide range of public and private institutions, in fields including environmental protection and sustainability, global health, corruption, emerging technologies, worker rights, and international trade. Before joining ASU, Professor Abbott taught for over 25 years at Northwestern University, where he held the Elizabeth Froehling Horner Chair and served as director of the university-wide Center for International and Comparative Studies. Professor Abbott is a Lead Faculty member of the Earth System Governance Project, and a member of the editorial boards of International Theory, Regulation & Governance and Journal of International Economic Law.

Tim Bartley is a sociologist at Ohio State University who writes about globalization, regulation, and social movements. He received his PhD at the University of Arizona before joining the faculty at Indiana University and then OSU. He has been a visiting scholar at Princeton, MIT, the Max Planck Institute for the Study of Societies, and Sun Yat-sen University. His research focuses on sustainability, labor standards, & transnational processes. He is a political, organizational, and economic sociologist interested in debates about institutions, global governance, and social movements/NGOs. He is co-editor of Regulation & Governance, an interdisciplinary, international journal that publishes leading research by political scientists, legal scholars, sociologists, economists, historians, and others working on issues of regulation, standards, and governance within and across countries. His work on labor standards and sustainable forestry has fed into several recent attempts by scholars and practitioners to assess the effectiveness of social and environmental certification. Professor Bartley’s current research focuses on the implementation of fair labor and sustainable forestry standards in Indonesia and China, the intersection of states and private regulation, and the uses and abuses of “corporate social responsibility” in these settings. He is also doing work on the interactions between social movements and firms, the rise of a timber legality regime, neoliberalism and global rule-making, and the meanings of “political consumerism.”

Dorothée Baumann-Pauly is the research director at NYU Stern’s Center for Business and Human Rights. She oversees the Center’s research activities, including development of academic publications, case studies, the Center’s forthcoming textbook, and other teaching resources. She holds a PhD in Economics from the University of Zurich (Switzerland) and MA degrees in management and political science from the University of Constance (Germany) and Rutgers University of New Jersey. She joined NYU Stern in June 2013. Dorothée has split her career between academia and corporate social responsibility (CSR) practice. As a project officer and consultant for the Fair Labor Association, she helped revise the organization’s core program by developing assessment and impact measurement methodologies. She also oversaw supply chain auditing activities and supported workers’ representation projects in China. Dorothée worked as MFA-Forum country program manager at the London-based think tank AccountAbility, managing multi-stakeholder dialogues in Bangladesh, Morocco, and Lesotho.

Daniel Bornstein is a PhD student in the Community and Environmental Sociology program at University of Wisconsin-Madison. He is studying sustainability standards for agriculture, focused on the role of third-party auditing. He has also conducted research on the introduction of a new high-yielding rice variety in The Gambia.

Ben Collins is the Program Coordinator at MSI Integrity, where he currently leads the organization’s work on mapping and evaluating multi-stakeholder human rights initiatives involving the private sector. He has a background in environmental and human rights research and advocacy, with a focus on the extractive industries. Before joining MSI Integrity, Ben was a Senior Research and Policy Campaigner with Rainforest Action Network, where he led research and financial sector engagement on climate and energy issues. Previously, he worked as a sustainable investment research analyst at EIRIS and KLD Research & Analytics. He has also researched business and human rights issues involving the oil, gas, and mining industries for Human Rights Watch and Oxfam. He is a former board member and treasurer with the Responsible Endowments Coalition. He graduated from Harvard College and received a Master in Public Policy degree from the Harvard Kennedy School, where he was a Belfer International and Global Affairs fellow.

Deval Desai is a Research Associate at the Overseas Development Institute and an SJD Candidate at Harvard Law School. He has published widely on law and development, and taught at Harvard, Manchester, SOAS, and Northeastern. He has been awarded grants from LSE and Harvard to explore the research-policy nexus (with Rebecca Tapscott); serves on the editorial board of the Hague Journal on the Rule of Law; and was made the inaugural International Rule of Law Fellow at the Bingham Center. Since 2009 he has also worked for the World Bank as a rule of law reform expert in East and West Africa; as well as advising the UN High-Level Panel on the Sustainable Development Goals on rule of law issues. He is a lifetime Fellow of the Royal Society of Arts, and a member of the UN roster of experts on the rule of law. He holds an MA from Oxford, an LL.M. from Harvard and is a member of the Bar of England and Wales.

Elizabeth Fortin is a Senior Research Associate at the University of Bristol Law School. She received a Postdoctoral Fellowship and a Small Grant both from the British Academy.  Her Fellowship examines multi-stakeholder efforts to create sustainability standards and a certification scheme for the biofuels industry. She has been focusing on the process of formulating and implementing the standards, and empirical fieldwork was undertaken with stakeholders in Lausanne, Switzerland.  Her small grant focuses again on Fairtrade as a form of standards and certification.  It considers this through a case study of its gendered implications for women cocoa farmers in Ghana.  Fieldwork for this grant has been undertaken by her co-investigator in Ghana, for which participatory video techniques were employed and from this, a short film has been made to disseminate the findings.  The empirical case studies both contribute to greater understanding of knowledge formation in standards processes, the theorization of the formulation of supranational consensual regulation and, together, their implications for global citizenship and democracy.

Virginia Haufler is Associate Professor in the Department of Government and Politics at the University of Maryland, College Park and is affiliated with the Center for International Development and Conflict Management. Her research focuses on the changing nature of governance in the global political economy, especially the role of transnational corporations and corporate social responsibility. Her current research examines how transnational regulation of the private sector addresses issues of conflict and corruption. She is also Director of the Global Communities Living-Learning Program, which introduces freshmen to scholarship and experiences that introduce them to globalization, global issues and intercultural understanding. She has been a visiting scholar at the University of California-Irvine, the University of Southern California, and the Carnegie Endowment for International Peace. She has served on the boards of non-profit organizations, including Women in International Security, the Peace Research Institute Frankfurt, and the OEF Foundation, and has advised the Principles for Responsible Investment and the Business4Peace Platform of the UN Global Compact. She has an M.A./Ph.D from Cornell University and dual B.A. from Pennsylvania State University.

Suzanne Katzenstein is a Research Scholar and the Project Director at the Duke Human Rights Center at the Kenan Institute for Ethics. Her current research analyzes government use of different economic and legal strategies to protect national security and promote human rights. Most recently, Suzanne was a visiting assistant professor at Duke Law School. At Kenan, Suzanne teaches classes on human rights and is working to advance new human rights programming with a special focus on cultivating global partnerships. Suzanne has a J.D. from Harvard Law School and Ph.D. in political science from Columbia University.

Shana Starobin is a Fellow of the Penn Program on Regulation at the University of Pennsylvania Law School, with research interests in the politics of transnational regulation and institutional innovation in the governance of trade in food, agricultural commodities and natural resources.  Shana’s current research examines how producers of agricultural commodities–especially subsistence and smallholder farmers in developing and emerging economies—respond as targets of global rules, such as private certification schemes for quality, safety and environmental criteria.

Discussants
Rachel Brewster is the co-director of Duke’s Center for International and Comparative Law. Rachel Brewster’s scholarly research and teaching focus on the areas of international economic law and international relations theory.  She came to Duke Law in July 2012 from Harvard University where she was an assistant professor of law and affiliate faculty member of The Weatherhead Center for International Affairs. Prior to joining the Harvard law faculty in 2006, Brewster served as a Bigelow Fellow at the University of Chicago Law School and clerked for Judge Phyllis A. Kravitch of the U.S. Court of Appeals for the Eleventh Circuit.  She served as legal counsel in the Office of the United States Trade Representative in 2008. Brewster received her BA and JD from the University of Virginia, where she was articles editor for the Virginia Law Review. She holds a PhD in political science from the University of North Carolina — Chapel Hill, where she received the John Patrick Hagan Award for Excellence in Undergraduate Teaching.

Tim Büthe is associate professor of political science and public policy, as well as senior fellow of the Kenan Institute for Ethics at Duke. Two primary interests that cut across traditional disciplinary boundaries drive Büthe’s research. First, he seeks to advance our understanding of how political, legal, and economic institutions not only constrain but also empower some stakeholder’s vis-à-vis others and how these distributional consequences affect institutional persistence and change in the long run. Second, he seeks to understand how market and non-market processes interact in specific issues areas that are intrinsically important. The resulting research shows, for instance, that the global governance (“transnational regulation”) of product and financial markets is deeply political even when it takes place in non-governmental bodies of technical experts (transnational or private regulation). Other major projects focus on the foreign direct investment (FDI), especially the costs and benefits of using international trade and investment treaties to reduce the political risks FDI faces in developing countries, and foreign aid, especially the distinctiveness of private humanitarian and development aid. A newer NSF-funded project analyzes the international dimension of antitrust/competition policy and builds the first comprehensive database of cross-nationally comparable data on antitrust (competition) law and enforcement.

Andrea Renda is the 2015-2016 George C. Lamb, Jr. Regulatory Fellow at the Kenan Institute for Ethics and a Senior Research Fellow at the Centre for European Policy Studies (CEPS), where he started and currently manages the CEPS Regulatory Affairs Programme. He is also Adjunct Professor at Luiss Guido Carli University, in Rome, and his research specialties include innovation policy, competition policy and critical infrastructure protection. While in residence, he will be conducting a research project and teaching a seminar on private regulation. From 2006, he has served as Coordinator of the European Network for Better Regulation (www.enbr.org), a Coordination Action on regulatory impact assessment funded by the European Commission under the FP6 programme. In 2010, he also became the founder and Manager of the CEPS Digital Forum. Andrea is an ongoing consultant for a number of institutions, including the European Commission, the European Parliament, the OECD and the World Bank. Andrea is the Rapporteur of the CEPS Task Force on Electronic Communications (at its third edition), as well as the CEPS Task Forces on innovation policy, competition policy and critical infrastructure protection. He was, i.a., the lead author of the Pilot Project on Administrative Burdens for DG ENTR; the main author of the Impact Study on private antitrust damages actions for DG Comp in 2007. For the European Commission, he is currently leading studies in the field of financial services and administrative burdens, and participating to studies on electronic communications, spectrum policy, and social impact assessment. From 2011 to 2013, he was a Jean Monnet Fellow at the European University Institute in Fiesole (Italy), researching in particular on better regulation and telecommunications issues.

Barak Richman is on the Health Sector Management faculty at Duke’s Fuqua School of Business and is a Senior Fellow at the Kenan Institute for Ethics. His primary research interests include the economics of contracting, new institutional economics, antitrust, and healthcare policy. His work has been published in the Columbia Law Review, the University of Pennsylvania Law Review, Law and Social Inquiry, the New England Journal of Medicine, the Journal of the American Medical Association, and Health Affairs.  In 2006, he co-edited with Clark Havighurst a symposium volume of Law and Contemporary Problems entitled “Who Pays? Who Benefits? Distributional Issues in Health Care,” and his book Stateless Commerce is to be published by Harvard University Press in 2015.Richman represented the NFL Coaches Association in an amicus curiae brief in American Needle v. The Nat’l Football League, which was argued before the U.S. Supreme Court in January 2010 and again inBrady v. The Nat’l Football League in 2011.  His recent work challenging illegal practices by Rabbinical Associations was featured in the New York Times. Richman has an A.B., magna cum laude, from Brown University, a J.D., magna cum laude, from Harvard Law School, and a PhD from the University of California, Berkeley, where he studied under Nobel Laureate in Economics Oliver Williamson. He served as a law clerk to Judge Bruce M. Selya of the United States Court of Appeals for the First Circuit, and from 1994-1996 he handled international trade legislation as a staff member of the United States Senate Committee on Finance, then chaired by Senator Daniel Patrick Moynihan.

Erika Weinthal is the Lee hill Snowdon Professor of Environmental Policy and the Associate Dean for International Programs at Duke’s Nicholas School of the Environment. Dr. Weinthal specializes in global environmental politics and environmental security with a particular emphasis on water and energy. Current areas of research include (1) global environmental politics and governance, (2) environmental conflict and peacebuilding, (3) the political economy of the resource curse, and (4) climate change adaptation. Dr. Weinthal’s research spans multiple geographic regions, including the Soviet successor states, the Middle East, South Asia, East Africa, and North America. Dr. Weinthal is author of State Making and Environmental Cooperation: Linking Domestic Politics and International Politics in Central Asia (MIT Press 2002), which received the 2003 Chadwick Alger Prize and the 2003 Lynton Keith Caldwell Prize. She has co-authored, Oil is not a Curse: Ownership Structure and Institutions in Soviet Successor States (Cambridge University Press 2010) and has co-edited, Water and Post-conflict Peacebuilding: Shoring Up Peace (Routledge/Earthscan Press, 2014). She is a member of the UNEP Expert Group on Conflict and Peacebuilding. Dr. Weinthal is also an Associate Editor at Global Environmental Politics.

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