NFPs as Vehicles for Next-Generation Regulation:

1
NFPs as Vehicles for Next-Generation Regulation

• Lessons from Canadian and European Experience

Jeremy Rayner (Malaspina University-College) Micha
el Howlett (Simon Fraser University)
2
Overview The Future of NFPs

• Internationalization, governance and steering
• NFPs as governance frameworks for SFM
• Both adoption and shape of NFP depends on
• Relationship of private and public sector
  governance capacities
• Canada a NFP in a non-European context
• Internationalization (and europeanization)
  cause convergence domestic factors cause
  divergence

• Internationalization, governance and steering
• NFPs as governance frameworks for SFM
• Both adoption and shape of NFP depends on
• Relationship of private and public sector
  governance capacities
• Canada a NFP in a non-European context
• Internationalization (and europeanization)
  cause convergence domestic factors cause
  divergence

3
Internationalization, Governance and Steering

• Governance arguments
• Domestic policy escapes government control in era
  of internationalization
• The hollow state private actors with public
  coordination
• Governance challenges
• Democratic governments still responsible for
  policy outcomes
• How to steer rather than row

• Governance arguments
• Domestic policy escapes government control in era
  of internationalization
• The hollow state private actors with public
  coordination
• Governance challenges
• Democratic governments still responsible for
  policy outcomes
• How to steer rather than row

4
NFPs as Governance Frameworks for SFM

• Challenges of the SFM idea
• Internationalization of SFM
• The weak regime IPF/IFF Action Plan
• Europeanization MCPFE, EU
• Convergence without Europeanization?

• Challenges of the SFM idea
• Internationalization of SFM
• The weak regime IPF/IFF Action Plan
• Europeanization MCPFE, EU
• Convergence without Europeanization?

5
Governance Public/Private Coordination
Public Capacity Public Capacity
Private Capacity High Low
High Regulated Self-Regulation Private Self-Regulation
Low Interventionist Regulation Interfering Regulation
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Governance Public/Private Coordination
Regulated Self-Regulation Private Self-Regulation
Interventionist Regulation Interfering Regulation
Private Self-Regulation
Regulated Self-Regulation
InterferingRegulation
InterventionistRegulation
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NFPs Reflect This Dynamic
NFP Policy Process NFP Policy Process
NFP Outcome Formal Informal
Substantive Classical NFP Equivalent to NFP
Symbolic Failed NFP Rhetorical NFP
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NFPs Reflect This Dynamic
Classical NFP Equivalent to NFP
Failed NFP Rhetorical NFP
Equivalent to NFP
Classical NFP
Rhetorical NFP
Failed NFP
9
European NFPs
NFP Policy Process NFP Policy Process
Private Capacity Formal Informal
Substantive Classical NFP Czech Republic (after 2000), Finland, Denmark, Belgium (Flanders), Germany, Spain Equivalent to NFP Lithuania, Netherlands, Portugal (PDSFP), Sweden, United Kingdom
Symbolic Failed NFP Rhetorical NFP Italy (1988)
10
European NFPs
Classical NFP Czech Republic (after 2000), Finland, Denmark, Belgium (Flanders), Germany, Spain Equivalent to NFP Lithuania, Netherlands, Portugal (PDSFP), Sweden, United Kingdom
Failed NFP Rhetorical NFP Italy (1988)
11
Canada Internationalization Without
Europeanization

• Overview of Canadian forest law and policy
• Federal-Provincial division of powers favours the
  provinces
• Provincial convergence on long-term tenures with
  management requirements
• Integrated resource management really timber
  management under constraints

• Overview of Canadian forest law and policy
• Federal-Provincial division of powers favours the
  provinces
• Provincial convergence on long-term tenures with
  management requirements
• Integrated resource management really timber
  management under constraints

12
The Difficult Transition

• Closed policy-networks form around implementation
  of long-term tenures
• Resistant to admitting new ideas and new actors
• When issues are framed as technical ones
• Export dependency makes Canada vulnerable to
  internationalization
• No lack of campaignable issues to work on

• Closed policy-networks form around implementation
  of long-term tenures
• Resistant to admitting new ideas and new actors
• When issues are framed as technical ones
• Export dependency makes Canada vulnerable to
  internationalization
• No lack of campaignable issues to work on

13
The Evolution of the National Forest Sector
Strategy
1981 1987 1992 1998 2003 (final draft)
Wood Supply Forest Management Forest Ecosystems Forest Ecosystems Ecosystem-based Management
Wood Supply Forest Management Forest Management Forest Management Ecosystem-based Management
Markets Market Opportunities Trade Investment Forest Industry Forest Industry Forest Products Benefits
Markets Market Opportunities Trade Investment Global Forests Global View
Human Resources Employment Forest Communities Forest Communities Sustainable Forest Communities
Research Development Research Development Forest Science Forest Science Knowledge Innovation
Public Awareness Public Participation Public Participation The Urban Forest Public Engagement
Aboriginal Peoples Aboriginal Peoples Rights Participation of Aboriginal Peoples
Private Woodlots Private Woodlots Private Woodlots
Reporting Accountability
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The Failure of Reregulation

• First response to internationalization is
  reregulation
• BC Forest Practices Code
• Ontario Crown Forest Sustainability Act
• Reregulation fails
• Too expensive
• Requires constant pressure from INGOs

15
The Fifth NFSS as a Governance Framework

• Various next generation initiatives
• Certification
• Results-based Code in BC
• Incentives for experimentation and alternative
  silviculture
• Need a governance framework
• Change in focus of NFSS
• from rhetorical NFP to emphasis on information
  and audit

• Various next generation initiatives
• Certification
• Results-based Code in BC
• Incentives for experimentation and alternative
  silviculture
• Need a governance framework
• Change in focus of NFSS
• from rhetorical NFP to emphasis on information
  and audit

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The Future of NFPsWhat Can We Expect?

• Convergence and divergence in different regional
  settings
• Instrument choice
• Focus on the right instrument mix
• Auditing information
• Implementation
• A powerful force for divergence
• The death of the state?

• Convergence and divergence in different regional
  settings
• Instrument choice
• Focus on the right instrument mix
• Auditing information
• Implementation
• A powerful force for divergence
• The death of the state?