The political strategy of forum shopping is an under-researched but highly relevant concept for understanding the dynamics of global governance. Forum shopping involves actors seeking to realise their policy objectives within preferred policy arenas on the basis of an arena's particular governing characteristics. We examine the forum shopping behaviour of the key states, business and non-governmental groups in regard to three policy issues: labour standards, intellectual property rights, and chemicals regulation. Our preliminary analysis is centred around the questions of why actors forum shop, the circumstances in which forum shopping enables actors to succeed in promoting their interests, and the impact of forum shopping on the effectiveness of global governance. Our cases suggest an arena's membership, issue mandate, decision making procedures and enforcement capacity are the key characteristics that shape actors' arena preferences. Another important implication is that a multi-arena global governance system comprised of duplication and overlap in issue mandate (rather than large multilateral single issue arenas) may be beneficial for advancing actors' policy agendas. The overarching goal of the article is to spark more systematic research into the often practiced but under-theorised phenomenon of forum shopping.
The nature of governance in the European Union (EU) and its member states is continuing to evolve as the EU develops. This paper focuses on the challenges to this governance process in the sector of environmental policy, and particularly the role of external organizations and states in providing alternate policy fora. The policy impact of these institutions and organizations leads to more actor participation in a way that EU players may not be able to anticipate or control since the EU is only one of several arenas involved. Both states and non-governmental actors actively seek to shift issues to arenas that provide them advantages. Consequently, developments in other arenas shape and are shaped by EU issues as actors pursue forum shopping. The paper presents two cases, the amendment of the Basel Convention to ban hazardous wastes export and the EU regulation of chemical risk, which demonstrate how external players can shape EU regulation.
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