Fifth Annual Workshop on International and Transnational Law:

Participatory Governance in the 21st Century

Many of the leading international institutions inherited from the 20th century have been challenged for their alleged “democratic deficit,” even as their capacity increasingly depends upon new forms of collaboration with diverse non-state actors.  In response, a growing number of international institutions have introduced innovative forms of stakeholder participation (Abbott & Gartner 2012), greatly expanding on the traditional observer model.  Examples include the Global Fund to Fight AIDS, TB and Malaria; the UN-REDD program; and the newly established High Level Political Forum on sustainable development.  These opportunities for inclusion have led stakeholder groups to develop increasingly elaborate processes for selecting representatives and ensuring their accountability (Dombrowski 2010).

The challenge of widening participation at the global level mirrors long-standing debates about participatory governance at the national and sub-national levels.  (Fung 2001; Heller 2011) There, disenchantment with traditional electoral democracy is reflected in trends such as low voting rates and distrust of Congress and other representative institutions.  Here too, however, innovative democratic experiments initiated by governments and civil society are proliferating around the world (Gaventa 2004; Steffek & Nanz 2008).  Many of these experiments are characterized by participatory or collaborative models of stakeholder governance.  These innovations seek to draw upon the knowledge and experience of diverse citizens, groups and communities to develop effective solutions to urgent problems.

Finally, a number of international institutions bridge these two worlds by mandating domestic stakeholder participation in local activities they conduct or support, and by promoting or mandating domestic participatory arrangements that may have broader ramifications.  For example, the World Bank requires stakeholder consultations in the design and implementation of projects it funds (World Bank 2011); it also supports programs to develop “open and collaborative governance.”  The Global Fund requires countries seeking funding to establish and empower multi-stakeholder Country Coordinating Mechanisms; the Climate Investment Funds are developing more modest participatory coordination mechanisms (CIF 2012); and UN-REDD supports full and effective participation of indigenous peoples and other forest-dependent communities in REDD+ activities (UN-REDD 2011).

To date, scholarship and policy discussions about participatory governance in these three domains have been largely divorced from one another.  Participatory Governance in the 21st Century – Local to Global aims to bring together a diverse group of scholars and practitioners interested in the implications and interactions of participatory approaches in all three domains, especially their implications for the design of international institutions in the 21st century.

Participants

Kenneth (“Ken”) Abbott

Senior Sustainability Scholar, Global Institute of Sustainability; Professor of Law and Willard H. Pedrick Distinguished Research Scholar; Center for Law and Global Affairs’ Faculty Codirector, Sandra Day O’Connor College of Law, Arizona State University

A leading scholar in international law, Kenneth Abbott’s teaching and research focus on the interdisciplinary study of international law and international relations, including public and private institutions, environmental issues, development policy, global health, and international trade and economic law. He also has a faculty appointment in the ASU School of Global Studies, where he co-directs the global environmental governance program. Professor Abbott is a member of the editorial boards of International Theory, the Journal of International Economic Law and the Journal of International Law and International Relations.

Lisa Alexander

Lisa Alexander(2)Associate Professor of Law
University of Wisconsin, Law School

Lisa Alexander’s research and teaching focuses on the role of private law in contemporary urban redevelopment, public/private partnerships in urban real estate, low-income housing law and policy, community economic development, local government law and regional governance, and the role of non-profit organizations and social entrepreneurs in urban reform.  She teaches Contracts, Business Organizations and Housing and Community Development Law.  Her current research focuses on how private law can facilitate democratic participation and equitable development in the United States.  She is also interested in the impact of technology on distributive justice for marginalized groups in the U.S.  Her articles have appeared in the Hastings Law Journal, the Wisconsin Law Review, the Georgetown Journal on Poverty Law and Policy, the Fordham Urban Law Journal and the William and Mary Business Law Review.  Professor Alexander is affiliated with the UW Institute for Research on Poverty, the UW Center for Financial Security, the UW Center on Community Economic Development and the UW Center for Non-Profits.  She is a former Associate Editor of the Journal of Affordable Housing & Community Development Law, the premiere scholarly publication in the field of community development law. Professor Alexander was recently appointed to the Wisconsin State Advisory Committee for the U.S. Commission on Civil Rights.  She holds a B.A. in Government from Wesleyan University and a J.D. from Columbia Law School.

Christopher (“Chris”) Ansell

Chris AnsellProfessor
Institutions and Governance Program
University of California, Berkeley

Chris Ansell’s current research focuses on risk regulation, collaborative governance, social network analysis, and crisis management. He is currently the U.S. editor of Public Administration: An International Quarterly. He received his B.A. in Environmental Science from the University of Virginia in 1979 and worked at the US Office of Technology Assessment from 1979 through 1984. He received his Ph.D. in Political Science from the University of Chicago in 1993. His fields of interest include organization theory, political sociology, public administration, and Western Europe.
 

Julian Arato

julian arato(2)Associate in Law
Columbia Law School

Julian Arato’s scholarship draws on his background in law, history, and political theory, bridging public and private international law. His current work problematizes and compares the interpretation of international investment treaties and human rights conventions. His recent publications have focused on international law, constitutional theory, and the law of international organizations. He is Vice-Chair of the International Organizations Interest Group of the American Society of International Law.
 

Tim Büthe

TimButhe(3)Associate Professor
Duke University, Political Science Department

Tim Büthe’s overarching research interests are the evolution and persistence of institutions, the interaction between domestic and international institutions, and the ways in which institutions enable and constrain actors. Substantively, his work on global private politics focuses primarily on the causes and consequences of delegating governance–and especially regulatory authority–to non-state and increasingly also non-governmental bodies. As Co-Principal Investigator of the International Standards Project, he has directed multi-country, multi-industry business surveys about the global private politics of setting standards for international product and financial markets. This research is presented in a forthcoming book, New Global Rulers: The Privatization of Regulation in the World Economy (co-authored with Walter Mattli, Princeton University Press, March 2011). He has also recently guest-edited a special issue of the interdisciplinary journal Business and Politics on “Private Regulation in the Global Economy.” Tim Büthe’s other work focuses institutional development and the regulation of competition in the European Union, foreign direct investment by multinational corporations, the allocation of foreign aid by humanitarian and development NGOs, and business partisanship.

Kristina Daugirdas

ADaugridasssistant Professor of Law
The University of Michigan Law School

Kristina Daugirdas teaches Transnational Law, Environmental Law, and a course and seminar on the United Nations and other international organizations. Her research currently focuses on international organizations from the perspective of both international and U.S. law. Daugirdas’s most recent article, which will be published in the American Journal of International Law, challenges the empirical foundations for the claim that international organizations undermine democracy. An earlier article published in the Maryland Law Review evaluated constitutional challenges to legislation and regulations implementing international agreements including the Montreal Protocol on Substances that Deplete the Ozone Layer. The article earned an award from the American Constitution Society’s Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.

Angelina Fisher

Angelina FisherAdjunct Professor of Law
New York University School of Law

Angelina Fisher is Adjunct Professor of Law and Program Director at the Institute for International Law and Justice. In the Fall 2012, she is co-teaching International Organizations Clinic and Seminar. She holds an LL.B from Osgoode Hall Law School and an LLM in International Legal Studies from New York University School of Law. Her current research examines the effect of global and national initiatives to rank quality of primary education on education governance. She is particularly interested in the use of indicators for community mobilization. Prior to joining the Institute for International Law and Justice, she was a Helton Fellow at Human Rights First, focusing on U.S. and international law related to counterterrorism operations and national security policy and practice. In 2004-2005, she was a Research Scholar at the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law. She has also worked was an associate at the New York law firm Shearman & Sterling, LLP.

David Gartner

Professor of Law; Center for Law and Global Affairs’ Faculty Codirector
Sandra Day O’Connor College of Law, Arizona State University

David Gartner teaches Constitutional Law, Law and Democracy, International Institutions, Foreign Relations Law, and Global Health Law and Policy. His current research focuses on the role of innovative international institutions and non-state actors in shaping international law and the response to global challenges in areas such as global health, development, education, and the environment. Before joining the faculty, Professor Gartner was a Fellow at the Brookings Institution and a Visiting Scholar at Harvard University.

Patrick Heller

hellerProfessor of Sociology and International Studies
Director of the Graduate Program in Development

Patrick Heller is professor of sociology and international studies at Brown and the director of the Graduate Program in Development at the Watson Institute. His main area of research is the comparative study of social inequality and democratic deepening. He is the author of The Labor of Development: Workers in the Transformation of Capitalism in Kerala, India (Cornell 1999) and co-author of Social Democracy and the Global Periphery (Cambridge 2006). He has published articles on urbanization, comparative democracy, social movements, development policy, civil society and state transformation. His most recent book – Bootstrapping Democracy (Stanford 2011) with Gianpaolo Baiocchi and Marcelo Silva – explores politics and institutional reform in Brazilian municipalities. Heller has also done research on urban transformation in South Africa and built a database on spatial transformation of the post-apartheid city.

Justin Jacinto

Justin jacinto(use)Associate, International Arbitration
Curtis, Mallet-Prevost, Colt & Mosle LLP

Justin Jacinto is a member of the firm’s International Arbitration group. His practice focuses on investment treaty arbitration, international commercial arbitration, and public international law disputes. Mr. Jacinto has served as counsel in arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC). His experience includes disputes under numerous bilateral investment treaties as well as the Energy Charter Treaty, and across a wide range of sectors, including financial services, oil and gas, mining, electricity, and transport. Mr. Jacinto previously worked in the World Bank’s Latin America & Caribbean department where he focused on infrastructure investment projects and compliance with environmental and social regulations. He has also been a guest scholar at the Brookings Institution, an assistant to a U.S. Congressman, and a White House intern, and served on the Board of Directors of Results for Development, an international development focused non-profit organization.

Andrew Jaynes

Andrew Jaynes_USEExecutive Director, Center for Law and Global Affairs
Sandra Day O’Connor College of Law, ASU

Andrew Jaynes is a lawyer with a strong background in both public and private international law and more than five years experience in public policy, primarily in international affairs. Jaynes has worked and studied in more than 15 countries, and was a Fulbright U.S. Scholar in Manila, Philippines, where he studied the country’s political economy of intellectual property rights protection and enforcement. Prior to joining the College of Law, Jaynes was the Executive Director and General Counsel of the International Intellectual Property Institute, a think tank and international development organization based in Washington, D.C. While there, he cultivated strong collaborative relationships with numerous foreign governments and organizations. He developed and managed multimillion-dollar programs ranging from a series of workshops for indigenous artisans in Asia and Latin America to in-depth technology capture and commercialization assistance for universities in the Philippines.

Ethan B. Kapstein

KapsteinSenior Director for Research and Decision Analysis at the McCain Institute for International Leadership and Arizona Centennial Professor of International Affairs at the School of Public Affairs, Arizona State University

Ethan Kapstein is a former international banker and retired naval reserve officer, he is the author or editor of 10 books and scores of policy and professional articles in the field of political economy, including most recently AIDS Drugs for All: Social Movements and Market Transformations (Cambridge University Press, with Josh Busby) and The Fate of Young Democracies (Cambridge University Press, with Nathan Converse). Kapstein is a member of the Council on Foreign Relations and the Harvard Club of New York. Previously he held endowed chairs at the University of Texas at Austin, INSEAD, and the University of Minnesota, and has served as a visiting professor at the Wharton School of Business, University of Pennsylvania, and at Georgetown University.

Stephanie McNulty

McNulty(use)Assistant Professor of Government
Franklin and Marshall College, Government

Dr. Stephanie L. McNulty, author of Voice and Vote: Decentralization and Participation in Post-Fujimori Peru (Stanford University Press, 2011), is a Latin Americanist with expertise in decentralization, participatory governance, gender, and development. She is currently working on a second book about participatory decentralization reforms in the developing world. Dr. McNulty is an Assistant Professor of Government at Franklin and Marshall College in Lancaster, PA. She has her Ph.D. from George Washington University and a M.A. from New York University. Dr. McNulty has worked, lived, and conducted extensive fieldwork in Chile, Honduras, Peru, Bolivia, and Guatemala In addition to studying, teaching, and researching in several Latin American countries, Professor McNulty worked for several years in the field of international development as a program manager and a monitoring and evaluation specialist.

Daniel Schugurensky

danielschugurenskyHead of Faculty and Professor, justice and social inquiry, School of Social Transformation
Professor, School of Public Affairs, Arizona State University

Daniel Schugurensky has a joint appointment in the School of Public Affairs and the School of Social Transformation at Arizona State University. He is the founder and director of the Participatory Governance Initiative at Arizona State University and the coordinator of the Graduate Certificate in Participatory Governance. He is a research associate (pro-bono) at the Participatory Budgeting Project, a non-profit organization based in New York City that provides advice and support to participatory processes at the local level. His recent publications include Learning citizenship by practicing democracy: international initiatives and perspectives (Cambridge Scholarly Press, 2010), Participatory Budgeting In North America: The Case of Guelph, Canada (Journal of Public Budgeting, Accounting & Financial Management 2009), Civic engagement and participatory governance (100th Arizona Town Hall, 2012), The fourth form of engagement: Participatory budgeting from Brazil to the USA (American Society for Public Administration 2012) and Online participatory platforms, civic engagement and e-democracy: A tale of three cities (forthcoming).

Sophie E. Smyth

Sophie_SmythAssociate Professor of Law
Temple Law School

Professor Smyth’s scholarship explores the legal challenges posed by public-private collaborations in international development finance that involve contributions from governmental, non-profit and for-profit sources. In particular, she focuses on the creation of initiatives such as the Global Environment Facility Trust Fund, the Global Fund for HIV/AIDS, Malaria and Tuberculosis, and similar funds. Her research addresses the inadequacies of the international legal and institutional framework to guide and govern such initiatives. Prior to joining Temple Law School, Professor Smyth was a Senior Counsel in the Legal Vice Presidency of the World Bank, where she specialized in structuring global trusts and public/private partnerships for development.  From 2004 until 2006, she was a Visiting Professor at Washington College of Law, American University.

Pieter Terpstra

Pieter TerpstraSenior Associate
World Resources Institute

Pieter Terpstra is a Senior Associate working for the WRI’s Vulnerability and Adaptation Initiative. His work focuses on adaptation finance and he also assists in supporting and expanding the Vulnerability and Adaptation Initiative. Previously, he worked for the Netherlands Ministry of Foreign Affairs and Wetlands International Africa Programme. Terpstra has experience in developing and managing projects and programs focused on water management and adaptation in Asia and West Africa. He furthermore gave training in project development, public finance management and he has experience in donor harmonization and streamlining risk management in development cooperation financing.