Regulations or More Moral Minds: Which Way
to go concerning Global Issues?
In comments about the global economy we
often can read that we need responsible capitalism today but not new
regulations. But what is meant by a responsible capitalism without new
regulations? One often heard answer is that such capitalism can be established
through a change of mind towards more moral thinking. But it is rather unlikely
that this change of mind would be so fundamental and action-guiding that the
global problems, which for example became obvious with the financial crisis,
can be solved in this way alone.
Let us do a short analysis of the global situation:
Today there are many issues that know no boundaries (transboundary), such as
the global financial crisis, climate change, migration, trade etc. The
territorially bound nation-states can’t solve these issues on their own.
Therefore, in the world of international relations where anarchy still rules (the
monopoly of power is still on the level of the nation state: there is no
‘world-government’ or state over the nation-state) states often come together
to coordinate activities and cooperate concerning global issues. But
cooperation between states is insufficient today. In the concept of “global
governance” of political science not only state-actors but also stakeholders
from the societal sectors of business and civil society are considered to be important
political actors in contributing to solutions of transboundary or global
issues.
Such new global governance systems exist
already (e.g. Climate-Conferences, WTO, ILO, ISO14000 or private
regulation-standards in different consumer-goods industries like e.g. ETI
[Ethical Trade Initiative] etc.). Although they vary widely as to the specific issues,
structure, actor participation and success, there is no other way in a politically
still anarchic but globalised world to try to solve global issues.
Of course, it is difficult to bring
together the relevant stakeholders of an issue and it is even more difficult to
achieve a constructive dialogue, cooperation and meaningful coordination among
them. It is already a significant success when regulatory designs can be
established and when implementation and evaluation of effectiveness of the
rules is seriously done. And it is also obvious that a certain change of mind
is a precondition to bring the stakeholders together. These components are all
parts of building-up global institutions, and regulatory designs are one integral
part thereof.
But, to propagate the development of
highly skilled moral competencies of humankind which make regulations
unnecessary may indeed be a noble demand but won’t work in reality. Moreover, to
let a global issue drift around in an anarchic environment without trying to
manage it actively is simply irresponsible. There is no way to circumvent the
building-up of global institutions including regulations. On the national level
states have also established rules to solve issues, i.e. to provide common
goods (e.g. protecting property rights, legal certainty).
Global institutions have not the aim to
restrict individual rights or freedom but to provide common goods (e.g. protection
of property rights, clean air). Of course, to fight the right of the stronger, which
identifies the anarchic space, it is necessary to reduce the possibilities of
powerful actors to exhaust certain individual freedoms by power exclusively for
their private gains and at the costs of all others. Regulatory designs thus
help to provide common goods by aiming to substitute the rule of the jungle
through a ‘rule of regulation’. In this way, also innovative individual freedom
can be protected from anarchic arbitrariness. The building up of global
institutions, based on stakeholder cooperation establishing regulatory designs,
is unavoidable for a responsible handling and solving of global issues. Another
question, of course – not considered here – is the democratic legitimacy of
such global institutions.
Claude Meier