Abstract

http://ssrn.com/abstract=1299924
 
 

Footnotes (97)



 


 



Global Terror, Private Infrastructure, and Domestic Governance


Kenneth A. Bamberger


University of California, Berkeley - School of Law

2008

THE IMPACT OF GLOBALIZATION ON THE UNITED STATES: LAW AND GOVERNANCE, B. Crawford, ed., Vol. 2, 2008
UC Berkeley Public Law Research Paper No. 1299924

Abstract:     
This article, a chapter from a three-volume study of the effects of globalization on domestic law, society and economics, considers implications for domestic administration when ''globalization comes home'' in the form of terrorism risk management. Specifically, it explores tensions between the need to enlist private actors in the governance of global terror risks on the domestic front, and the traditional model of domestic public administration. In this context, policymakers must often rely on private firms' choices regarding risk assessment. These governance choices are frequently made outside public accountability safeguards. Yet the private actors who make them are driven by economic incentives and risk decision models that might cause their behavior to ignore what are essentially public risks, thereby undermining their effectiveness.

The chapter gives an overview of these challenges and argues that the prevailing model of public reliance on voluntary self-regulation by private critical infrastructure entities fails to meet them. Delegating choices wholesale to private actors neither furthers important public accountability norms nor overcomes incentive problems that hinder effective market responses to the problem. The chapter then briefly explores alternative models of public-sector involvement in critical infrastructure governance that may hold promise in rendering private-sector decisions more accountable to both policy goals and public norms.

Number of Pages in PDF File: 26

Keywords: Private Governance, Critical Infrastructure, Self-Regulation, Terrorism Risk, Public-Private, Globalization

JEL Classification: K20, K23, K32, L20, L51, L90

Accepted Paper Series


Download This Paper

Date posted: November 12, 2008 ; Last revised: December 3, 2008

Suggested Citation

Bamberger, Kenneth A., Global Terror, Private Infrastructure, and Domestic Governance (2008). THE IMPACT OF GLOBALIZATION ON THE UNITED STATES: LAW AND GOVERNANCE, B. Crawford, ed., Vol. 2, 2008; UC Berkeley Public Law Research Paper No. 1299924 . Available at SSRN: http://ssrn.com/abstract=1299924

Contact Information

Kenneth A. Bamberger (Contact Author)
University of California, Berkeley - School of Law ( email )
Boalt Hall NA446
Berkeley, CA 94720-7200
United States
(510) 643-6218 (Phone)
HOME PAGE: http://www.law.berkeley.edu/faculty/profiles/facultyProfile.php?facID=5701
Feedback to SSRN


Paper statistics
Abstract Views: 685
Downloads: 103
Download Rank: 148,056
Footnotes:  97

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.344 seconds