New Governance and Industry Culture

36 Pages Posted: 22 May 2012 Last revised: 20 Feb 2014

See all articles by Karen Bradshaw

Karen Bradshaw

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: July 17, 2013

Abstract

New governance scholarship argues that private regulation is playing a larger role in influencing industry behavior relative to state-centric methods of regulation. Despite its burgeoning growth, new governance scholarship is critiqued as lacking practical examples. This article fills the void by conducting an institutional law and economics analysis of forestry sustainability certifications, a classic example of private regulation. This article analyzes the features of the forestry industry that contribute to the success of sustainability certifications within it. It finds that the industrial characteristics that contribute to successful private regulatory regimes include strong norms within the industry, a resource-type that favors user-developed rules, and robust competition among private actors to regulate the industry. These findings suggest new governance can and does succeed in industries with similar characteristics, providing a novel real-world example of theoretical new governance ideals in practice.

Suggested Citation

Bradshaw, Karen, New Governance and Industry Culture (July 17, 2013). Notre Dame Law Review, Vol. 88, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2064242 or http://dx.doi.org/10.2139/ssrn.2064242

Karen Bradshaw (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

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