Rule-Making Feedbacks through Intermediation and Evaluation in Transnational Private Governance

Abstract

Feedback from rule-making is an important facet of regulatory processes. By examining the operations of the Marine Stewardship Council (MSC), a transnational private certification program, we explore two types of feedback that operate within and outside R-I-T relationships and potentially influence agenda-setting and rule-reformulation. Within R-I-T relationships, intermediation feedback results from the knowledge that intermediaries acquire as they translate rules into practical forms applicable to specific regulatory targets. Intermediaries may communicate this knowledge to the regulator to strategically inform rule-reformulation. But the regulator may also have access to this information if transparency obligations come with the responsibility of performing intermediation functions. Outside R-I-T relationships, evaluation feedback involves external evaluative audiences—actors outside the regulatory process that hold an interest in evaluating and influencing that process. Transparency about R-I-T relationships should strengthen this feedback, though lack of information will not prevent external evaluators from rendering judgments and seeking to influence rule-reformulation.