Table Of ContentPrivate Environmental Regimes
in Developing Countries
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Private Environmental Regimes
in Developing Countries
Globally Sown, Locally Grown
Ralph H. Espach
PRIVATEENVIRONMENTALREGIMESINDEVELOPINGCOUNTRIES
Copyright © Ralph H. Espach, 2009.
Softcover reprint of the hardcover 1st edition 2009 978-0-230-61635-6
All rights reserved.
First published in 2009 by PALGRAVE MACMILLAN®in the
United States - a division of St. Martin’s Press LLC, 175 Fifth Avenue,
New York, NY 10010.
Where this book is distributed in the UK, Europe and the rest of the world,
this is by Palgrave Macmillan, a division of Macmillan Publishers Limited,
registered in England, company number 785998, of Houndmills,
Basingstoke, Hampshire RG21 6XS.
Palgrave Macmillan is the global academic imprint of the above companies
and has companies and representatives throughout the world.
Palgrave®and Macmillan®are registered trademarks in the United States,
the United Kingdom, Europe and other countries.
ISBN 978-1-349-37992-7 ISBN 978-0-230-62336-1 (eBook)
DOI 10.1057/9780230623361
Library of Congress Cataloging-in-Publication Data
Espach, Ralph H.
Private environmental regimes in developing countries : globally sown,
locally grown/by Ralph H. Espach.
p. cm.
Includes bibliographical references and index.
1. Environmental policy—Developing countries. 2. Environmental
policy—International cooperation. 3. Environmental management—
Developing countries. 4. Corporations—Environmental aspects—
Developing countries. I. Title.
GE190.D44E77 2009
363.7009172'4—dc22
2008052695
A catalogue record of the book is available from the British Library.
Design by Integra Software Services
First edition: August 2009
10 9 8 7 6 5 4 3 2 1
Contents
ACKNOWLEDGMENTS vii
GLOBALLYSOWN, LOCALLYGROWN: ANINTRODUCTION 1
1 PRIVATEENVIRONMENTALREGIMESASTOOLSFORGLOBAL
GOVERNANCE 9
WHATAREGLOBALPRIVATEENVIRONMENTALREGIMES? 11
THEPROPERTIESOFPRIVATEREGULATORYREGIMES 14
PRIVATEREGIMESASTOOLSFORGLOBALGOVERNANCE 17
ISPRIVATEREGULATIONACHALLENGEORCOMPLEMENT
TOPUBLICREGULATION? 22
HOWDOPRIVATEENVIRONMENTALREGIMESACHIEVE
PUBLICLEGITIMACY? 24
2 WHENAREPRIVATEENVIRONMENTALREGIMESEFFECTIVE
ANDWHY? 31
MEASURINGREGIMEEFFECTIVENESS 32
A LOCAL-LEVELAPPROACH 34
TWOINDICATORSOFEFFECTIVENESS 35
DETERMINANTSOFREGIMEEFFECTIVENESS 37
EXPLAININGREGIMEEFFECTIVENESSINDEVELOPINGCOUNTRIES:
FOURRESEARCHPROPOSITIONS 42
THERESEARCHDESIGN 45
A NOTEONDATACOLLECTION 47
3 INTERNATIONALFORESTRYREGULATIONANDTHEFOREST
STEWARDSHIPCOUNCIL 49
INTERNATIONALEFFORTSTOCONTROLDEFORESTATION 51
THEFORESTSTEWARDSHIPCOUNCIL 53
OTHERFORESTRYCERTIFICATIONREGIMES 54
FORESTCERTIFICATIONINSOUTHAMERICA 57
4 THEFORESTSTEWARDSHIPCOUNCILINARGENTINAANDBRAZIL 61
THEFORESTRYINDUSTRIESOFARGENTINAANDBRAZIL 62
FORESTRYREGULATIONINBRAZILANDARGENTINA 65
vi CONTENTS
THECASESTUDIES 68
FSC EFFECTIVENESS 68
FACTORSTHATINFLUENCETHEEFFECTIVENESSOFTHEFSC 75
EXPLAININGTHEGAPINEFFECTIVENESS 86
5 THEINTERNATIONALCHEMICALSMANUFACTURINGINDUSTRY
ANDRESPONSIBLECARE 93
THERESPONSIBLECAREINITIATIVE 96
RESPONSIBLECAREINLATINAMERICA 99
6 RESPONSIBLECAREINARGENTINAANDBRAZIL 101
FROMSTATE-LEDGROWTHTOLIBERALIZATION: CHEMICALS
PRODUCTIONINARGENTINAANDBRAZIL 102
ENVIRONMENTALREGULATIONANDTHECHEMICALSINDUSTRY 105
THECASESTUDIES 107
RESPONSIBLECAREEFFECTIVENESS 108
FACTORSTHATINFLUENCETHEEFFECTIVENESS
OFTHERESPONSIBLECARE 116
EXPLAININGTHEGAPINEFFECTIVENESS 125
7 GLOBALLYSOWN, LOCALLYGROWN: HOWLOCAL
ORGANIZATIONALCAPACITYLIMITSTHEVIABILITYOFGLOBAL
PRIVATEREGIMES 131
EXPLAININGLOCALORGANIZATIONALCAPACITYINARGENTINA
ANDBRAZIL 132
COMPARINGARGENTINAANDBRAZILTOCASESINOTHER
DEVELOPINGCOUNTRIES 133
THEFORESTSTEWARDSHIPCOUNCILINBOLIVIA 134
RESPONSIBLECAREINECUADOR 136
RESPONSIBLECAREINCHILE 138
IMPLICATIONSFORPRIVATEENVIRONMENTALREGIMES
ASTOOLSFORGLOBALGOVERNANCE 140
APPENDIX: LISTOFINTERVIEWS 145
NOTES 151
BIBLIOGRAPHY 163
INDEX 171
Acknowledgments
Countless individuals contributed to the project in ways both large and small.
A couple of bus drivers and an amiable waiter at a favorite Bonairense café
come to mind. But the following friends must be singled out for their extra-
ordinary importance.
Several of these are professors at the University of California, Berkeley.
Vinod Aggarwal is a friend as well as a mentor. In addition to the education
I received from Vinod, his candid recommendations about research and
writing–and how one manages to finish research and writing–helped me stay
on track when the rails were slick. One of the joys of delving into theories of
regulatory policy has been to work with Robert Kagan. Bob is a gifted teacher,
and never fails to sugarcoat his critiques and penetrating questions with kind-
ness and encouragement. David Vogel, by engaging me in his ongoing research
on corporate social responsibility, demonstrated by example how superior
minds tackle complex social and political issues. Finally, as good a guide as she
is through the complexities of global environmental politics, Kate O’Neill has
been just as good a guide in life, and a friend.
I cannot thank enough my former colleagues and friends at Berkeley. Because
of them I will always remember graduate school (erroneously) as fun. They are
several, but a few made extraordinary contributions not only to this project, but
to my life. Michael Nelson and I seem fated to share oddly construed conference
panels and rock-bottom hotel rooms, and to revise each other’s chapters and
articles on a seasonal basis. I should be so lucky. The benefits I have received
from Ed Fogarty’s excellent advice on the conceptual framing of my argument
are matched only by the rewards of his constant friendship and acerbic wit.
Ifonly his hearts game were as keen as his understanding of international poli-
tics. Most importantly, it is impossible to imagine what my graduate school
experience and this study would be like without Diana Kapiszewski. From
Washington D.C. to Buenos Aires to Brasilia, at each intellectual (and logistical)
juncture Diana provided sound advice, encouragement, and laughs. I can never
thank her, nor any of these friends, enough.
Several individuals showed extraordinary generosity in helping me to over-
come the challenges of field research in a foreign country. In Argentina, Pablo
Yapura at the Fundación Vida Silvestre, Claudia Peirano at the Asociación
Forestal Argentina; Gerardo Alonso Schwarz at the Fundación Mediterranéa,
and Nelson Culler at Cuidado Responsable del Medio Ambiente deserve special
thanksfor their time and helpfulness toward a research project that in most cases
viii ACKNOWLEDGMENTS
made little sense to them. In Brazil, Gil Anderi da Silva and Luiz Kulay at the
Universidade de São Paulo, Mirtes Suda at ABIQUIM, and Lineu Siqueira Jr.,
director of IMAFLORA gave assistance and advice, and introduced me to new
ideas and arguments about environmental politics and regulation as much as
they did to important officials, managers, and experts within the fields of their
expertise. I am also grateful to Resources for the Future, which provided support
for the research and writing of this study through a Joseph L. Fisher Fellowship.
This book is the result of an exercise in perseverance and self-discipline
carried out quietly, for the most part, at our home in West Seattle. It would
never have come to fruition if not for the love and support of my family. Walks
with our pointer-lab mutt Maggie bore up my spirits even on the darkest and
wettest of days. Naturally, I owe everything to my beloved wife Rachel, who
never doubted or complained, and who nodded with well-feigned interest at
even the ninety-sixth reformulation of my argument. And finally, I must
thank my son Samuel, whose rush at life provided the firmest and most joyful
of deadlines.
Ralph H. Espach
November 2008
Globally Sown,
Locally Grown:
An Introduction
Our industry was established initially in the developed world, but it now
encompasses developing nations and economies in transition, and our
members in these regions work closely with their local companies to aim for
high standards, especially in safety, health, and environmental aspects, in
everything that we do.
Chairman of the International Chemical Councils Association, in a 2006
UNEP report on the global chemicals sector
For most companies nothing has changed. It’s playing one game instead of
another. I tell you one thing. If there is a big industrial environmental dis-
aster, a big accident or scandal, not only in Argentina but anywhere, they
will look closely at the preventative system in place, all these audits and
certifications, and these programs like Responsible Care, and it will be
very bad for all of them.
Manager at a chemical plant in Buenos Aires, Argentina, interviewed
October 13, 2004
Browse the store shelves, check out the ads on television or in a magazine, and
surf the Web: products certified or labeled as environmentally friendly, or green,
are everywhere. Coffees and chocolates are rainforest friendly. Dishwasher
soap is biodegradable or river-friendly, with a stamp from a conservation
group.Tuna is dolphin safe, and wild salmon is labeled so that customers can
avoid farmed salmon that are linked to river and ocean pollution. Wooden
furniture and paper towels come from sustainably managed forests or are
chlorine free. Tags on high end clothing explain how bamboo and organic
cotton are earth friendly.
In grocery and department stores in the United States, Europe, and beyond,
tens of thousands of products bear tags, labels, or stamps claiming production
via environmentally sustainable methods. Green products get special display at
