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.
Over the past decade, international non‐governmental organizations (NGOs) have been contesting the neo‐liberal economic order in international politics by campaigning for normative conditions to bring about what Richard Falk calls ‘humane governance’. However, the degree to which NGOs have contributed to the formation of global social contracts remains controversial. While NGO activists and various scholars advocate the establishment of such contracts, empirical testing of this normative argument is underdeveloped. Drawing upon this lack of empirical support, critics dismiss the global social contract concept and question the roles played by NGOs in international politics. This article addresses the controversy through a review, refinement and application of global social contract theory and an empirical study of two prominent international NGO campaigns directed at the World Trade Organization (WTO), an institution that represents a ‘hard test case’. It explores the ways in which NGOs and their networks are challenging the neo‐liberal basis of WTO agreements and contributing to the emergence of global social contracts. The article concludes that in some circumstances, NGOs have the capacity to inject social justice into international economic contracts and there is some basis for optimism regarding the formation of global social contracts involving NGOs, nation‐states and international organizations.
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