Institutional change, institutional isolation and biodiversity governance in South Africa: a case study of the trout industry in alien and invasive species regulatory reforms
- Authors: Marire, Juniours
- Date: 2016
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/639 , vital:19977
- Description: The world, in recent decades, has witnessed an incalculable surge in global “wicked” policy problems that have long-term, and most often irreversible, impacts, not least terrorism, climate change, biodiversity losses and desertification. Wicked problems are wicked because there is no single epistemological system that can adequately coordinate policy action for addressing them. Literature abounds with international case studies of opposition to national institutions that are designed to put into effect global and regional policies for resolving wicked problems. This raises questions about what constitutes reasonable institutions, how such institutions can be designed and why societies sometimes fail to develop such institutions despite the obvious need for them. As a point of entry into these issues, the thesis adapted and extended the Northean (2007, 2012) macro meta-theoretic framework for studying the violence-development relationship, which focuses on the role of political and economic competition in the emergence of ‘right’ institutions that promote development, while containing violence. The Northean framework conceptualises two mutually exclusive social orders – the limited access order and the open access order – which provide the socio-cultural context for the evolution of specific institutions. The macro meta-theoretic framework was transformed into a micro metatheoretic framework in such a way that the limited access order and the open access order co-existed in the evolution of specific institutions. This reconceptualisation built on Bromley’s (2004, 2006) two realms of public policy: the realm of reasons (legislative-judicial system) and the realm of rules (administrative system) as well as the feminist concept of epistemic violence, which broadened the concept of violence from being exclusively physical to including the sociocognitive. The feminist concept of epistemic oppression logically fitted into, and became a new sub-category of, Commons’ (1899, 1924, 1934) theories of sovereignty and negotiational psychology. The innovations showed that either of these realms can be a limited access order, while the other can be an open access order or both can be open access orders or both can be limited access orders. The conceptual innovations were then used as an interpretive scheme in analysing the evolution of the South African invasive alien species regulatory reforms under the National Environmental Management: Biodiversity Act of 2004, using a case study of the trout sector, which was the most opposed to the reforms. There was a general perception among socioeconomic sectors that utilise invasive alien species that the regulatory reform processes for the governance of such species had institutionally isolated the sectors. Because of this perception, the regulatory reform process was contested, and implementation of the Fifth Chapter of the Act, which deals with the governance of invasive alien species, was delayed for nearly a decade. The thesis evaluated whether institutional isolation existed and how and why it came to be since it has implications for the reasonableness of emerging regulatory institutions, economic performance of sectors and efficient allocation of fiscal resources in institutional design processes. A mixed methods methodology was used, which included data analysis techniques such as semiosis, exploratory factor analysis, econometric estimation and document analysis. Policy documents, an online survey and key informant interviews comprised the data. The findings suggested six dimensions of institutional change that a theory of institutional change might have to address: the origin and continuity of pecuniary institutions; selfreinforcing mechanisms of the limited access policymaking order; succession and disbandment of the limited access policymaking order; exclusivity of negotiations in institutional design; tiers of institutional isolation; and the role of administrative discontinuities. Findings suggested that institutional isolation existed in the regulatory process, manifesting in three forms: administrative isolation, epistemological isolation and sectoral isolation. Administrative isolation was the most complex of the three in that it also involved a less obvious process of institutional isolation in the form of administrative redefinition of opportunity sets that were already legislatively redefined. The mechanisms of institutional isolation through which administrative isolation was sustained were administrative financing of research and careerism. The two mechanisms created a revolving door-type scenario through which invasion biologists supplied the administrative agency with candidates for senior (decision making) positions and the administrative agency, in turn, demanded specific types of knowledge over which the same epistemic community had a monopoly. The revolving door-type scenario was found to ideologically and physically entrench invasion biologists into the regulatory community. The consequence of the entrenchment was institutional hegemony, which manifested itself through the mechanism of epistemic violence insofar as the invasion biologists became the epistemic arbiters about what kinds of ideas and institutions really mattered in the governance of invasive alien species. Econometric estimates suggested that the extent to which an emerging institution is perceived to be reasonable by regulated sectors depends on the extent to which the institution is designed in a participatory and inclusive manner (that is, using integrative knowledge systems), the extent to which the designers used credible evidence and contextualised international evidence as well as the extent to which the emergent biodiversity governance institution was anthropocentric. However, findings suggested that the South African regulatory reform process fell short on all these four dimensions of reasonable institutions, which is characteristic of institutional design process shaped by hegemonic social imaginaries, resulting in institutional isolation. Emerging from the findings are several theoretical insights. Bush’s (1987) concept of institutional spaces under the Veblenian Dichotomy was extended, the result of which was identification of two stable institutional equilibria – one ceremonial and another instrumental. The ceremonial equilibrium was a typical limited access policymaking order and was responsible for the historical and present emergence of regressive institutions. Findings also suggested that the entrenched invasion biologists ceremonially encapsulated the knowledge fund that had been accumulated since the 1980s, which could have facilitated the consensual design of regulatory institutions for invasive alien species without protracted controversy. Findings suggested that a limited access policymaking order could only be disbanded by the intervention of an external sovereign agent (in this case the office of the state president) since the administrative agency, and the epistemic community that advised it, adopted the solutions that were empirically tested and proposed in the 1980s only after the intervention of the external sovereign agent. The instrumental equilibrium repealed the contested prisoner’s dilemma that was characteristic of the policy process and turned it into an assurance policy game by facilitating the identification of common interests. This finding logically links the study to a recent theoretical development in institutional theory – Ordonomics – which focuses on the causality between ideas and institutions. The findings imply that it is possible to design reasonable institutions as long as integrative (transdisciplinary) knowledge systems, including the non-scientific knowledge of the resource users, are incorporated. Integrative knowledge systems facilitate semantic innovations, which create social DNA, but epistemic violence destroys social DNA. They also imply that reliance on unidisciplinary knowledge systems in institutional design induces a large and inefficient transaction cost burden of public policy on the fiscus and private agents alike because of the inevitability of controversy, especially for wicked policy problems.
- Full Text:
- Date Issued: 2016
- Authors: Marire, Juniours
- Date: 2016
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/639 , vital:19977
- Description: The world, in recent decades, has witnessed an incalculable surge in global “wicked” policy problems that have long-term, and most often irreversible, impacts, not least terrorism, climate change, biodiversity losses and desertification. Wicked problems are wicked because there is no single epistemological system that can adequately coordinate policy action for addressing them. Literature abounds with international case studies of opposition to national institutions that are designed to put into effect global and regional policies for resolving wicked problems. This raises questions about what constitutes reasonable institutions, how such institutions can be designed and why societies sometimes fail to develop such institutions despite the obvious need for them. As a point of entry into these issues, the thesis adapted and extended the Northean (2007, 2012) macro meta-theoretic framework for studying the violence-development relationship, which focuses on the role of political and economic competition in the emergence of ‘right’ institutions that promote development, while containing violence. The Northean framework conceptualises two mutually exclusive social orders – the limited access order and the open access order – which provide the socio-cultural context for the evolution of specific institutions. The macro meta-theoretic framework was transformed into a micro metatheoretic framework in such a way that the limited access order and the open access order co-existed in the evolution of specific institutions. This reconceptualisation built on Bromley’s (2004, 2006) two realms of public policy: the realm of reasons (legislative-judicial system) and the realm of rules (administrative system) as well as the feminist concept of epistemic violence, which broadened the concept of violence from being exclusively physical to including the sociocognitive. The feminist concept of epistemic oppression logically fitted into, and became a new sub-category of, Commons’ (1899, 1924, 1934) theories of sovereignty and negotiational psychology. The innovations showed that either of these realms can be a limited access order, while the other can be an open access order or both can be open access orders or both can be limited access orders. The conceptual innovations were then used as an interpretive scheme in analysing the evolution of the South African invasive alien species regulatory reforms under the National Environmental Management: Biodiversity Act of 2004, using a case study of the trout sector, which was the most opposed to the reforms. There was a general perception among socioeconomic sectors that utilise invasive alien species that the regulatory reform processes for the governance of such species had institutionally isolated the sectors. Because of this perception, the regulatory reform process was contested, and implementation of the Fifth Chapter of the Act, which deals with the governance of invasive alien species, was delayed for nearly a decade. The thesis evaluated whether institutional isolation existed and how and why it came to be since it has implications for the reasonableness of emerging regulatory institutions, economic performance of sectors and efficient allocation of fiscal resources in institutional design processes. A mixed methods methodology was used, which included data analysis techniques such as semiosis, exploratory factor analysis, econometric estimation and document analysis. Policy documents, an online survey and key informant interviews comprised the data. The findings suggested six dimensions of institutional change that a theory of institutional change might have to address: the origin and continuity of pecuniary institutions; selfreinforcing mechanisms of the limited access policymaking order; succession and disbandment of the limited access policymaking order; exclusivity of negotiations in institutional design; tiers of institutional isolation; and the role of administrative discontinuities. Findings suggested that institutional isolation existed in the regulatory process, manifesting in three forms: administrative isolation, epistemological isolation and sectoral isolation. Administrative isolation was the most complex of the three in that it also involved a less obvious process of institutional isolation in the form of administrative redefinition of opportunity sets that were already legislatively redefined. The mechanisms of institutional isolation through which administrative isolation was sustained were administrative financing of research and careerism. The two mechanisms created a revolving door-type scenario through which invasion biologists supplied the administrative agency with candidates for senior (decision making) positions and the administrative agency, in turn, demanded specific types of knowledge over which the same epistemic community had a monopoly. The revolving door-type scenario was found to ideologically and physically entrench invasion biologists into the regulatory community. The consequence of the entrenchment was institutional hegemony, which manifested itself through the mechanism of epistemic violence insofar as the invasion biologists became the epistemic arbiters about what kinds of ideas and institutions really mattered in the governance of invasive alien species. Econometric estimates suggested that the extent to which an emerging institution is perceived to be reasonable by regulated sectors depends on the extent to which the institution is designed in a participatory and inclusive manner (that is, using integrative knowledge systems), the extent to which the designers used credible evidence and contextualised international evidence as well as the extent to which the emergent biodiversity governance institution was anthropocentric. However, findings suggested that the South African regulatory reform process fell short on all these four dimensions of reasonable institutions, which is characteristic of institutional design process shaped by hegemonic social imaginaries, resulting in institutional isolation. Emerging from the findings are several theoretical insights. Bush’s (1987) concept of institutional spaces under the Veblenian Dichotomy was extended, the result of which was identification of two stable institutional equilibria – one ceremonial and another instrumental. The ceremonial equilibrium was a typical limited access policymaking order and was responsible for the historical and present emergence of regressive institutions. Findings also suggested that the entrenched invasion biologists ceremonially encapsulated the knowledge fund that had been accumulated since the 1980s, which could have facilitated the consensual design of regulatory institutions for invasive alien species without protracted controversy. Findings suggested that a limited access policymaking order could only be disbanded by the intervention of an external sovereign agent (in this case the office of the state president) since the administrative agency, and the epistemic community that advised it, adopted the solutions that were empirically tested and proposed in the 1980s only after the intervention of the external sovereign agent. The instrumental equilibrium repealed the contested prisoner’s dilemma that was characteristic of the policy process and turned it into an assurance policy game by facilitating the identification of common interests. This finding logically links the study to a recent theoretical development in institutional theory – Ordonomics – which focuses on the causality between ideas and institutions. The findings imply that it is possible to design reasonable institutions as long as integrative (transdisciplinary) knowledge systems, including the non-scientific knowledge of the resource users, are incorporated. Integrative knowledge systems facilitate semantic innovations, which create social DNA, but epistemic violence destroys social DNA. They also imply that reliance on unidisciplinary knowledge systems in institutional design induces a large and inefficient transaction cost burden of public policy on the fiscus and private agents alike because of the inevitability of controversy, especially for wicked policy problems.
- Full Text:
- Date Issued: 2016
Making rules to live by: Was the proposed regulatory regime for invasive species reasonable? Perceptions of the South African trout industry
- Marire, Juniours, Snowball, Jeanette D, Fraser, Gavin C G
- Authors: Marire, Juniours , Snowball, Jeanette D , Fraser, Gavin C G
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68566 , vital:29285 , http://2015.essa.org.za/fullpaper/essa_2938.pdf
- Description: Publisher version , Despite considerable economic impact of trout-based aquaculture and recreational fishing, the Department of Environmental Affairs has been focusing almost entirely on ecological criteria in deciding the regulatory regime for trout. We examined whether the proposed regulatory regime for alien and invasive species that was published by the Department of Environmental Affairs in 2014 for public comment was reasonable. The analysis produced factors that might matter in the design of reasonable institutional arrangements that impose a reasonable regulatory burden on economic sectors utilising invasive species. We conducted factor analysis using an online survey that we conducted between May and July 2014. We obtained four clusters of factors: participatory policymaking, people-centeredness, credible scientific evidence for listing species as invasive and contextualisation of international evidence. We then utilised the factors in a logistic regression framework to assess their influence on the probability of perceiving the regulations to be reasonable. The likelihood of a trout sector player perceiving the regulations to be reasonable was 1.2%. We found that a one standard deviation increase in the “credibility of scientific evidence” increased the odds of perceiving the regulations to be reasonable by 1645%. A one standard deviation increase in “participation” increased the odds of perceiving the regulations to be reasonable by 410%. A one standard deviation increase in “people-centeredness” increased the odds of perceiving the regulations to be reasonable by 600%. Lastly, a one standard deviation increase in the variable “contextualising international evidence” increased the odds of perceiving the regulations to be reasonable by 415%. This research demonstrates that properly addressing the socioeconomic aspects of new policies in addition to ecological criteria makes it far more likely that stakeholders will regard them as reasonable, even if the new policies impose increased regulatory transaction cost burden on users or reduced access to a resource.
- Full Text:
- Date Issued: 2015
- Authors: Marire, Juniours , Snowball, Jeanette D , Fraser, Gavin C G
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68566 , vital:29285 , http://2015.essa.org.za/fullpaper/essa_2938.pdf
- Description: Publisher version , Despite considerable economic impact of trout-based aquaculture and recreational fishing, the Department of Environmental Affairs has been focusing almost entirely on ecological criteria in deciding the regulatory regime for trout. We examined whether the proposed regulatory regime for alien and invasive species that was published by the Department of Environmental Affairs in 2014 for public comment was reasonable. The analysis produced factors that might matter in the design of reasonable institutional arrangements that impose a reasonable regulatory burden on economic sectors utilising invasive species. We conducted factor analysis using an online survey that we conducted between May and July 2014. We obtained four clusters of factors: participatory policymaking, people-centeredness, credible scientific evidence for listing species as invasive and contextualisation of international evidence. We then utilised the factors in a logistic regression framework to assess their influence on the probability of perceiving the regulations to be reasonable. The likelihood of a trout sector player perceiving the regulations to be reasonable was 1.2%. We found that a one standard deviation increase in the “credibility of scientific evidence” increased the odds of perceiving the regulations to be reasonable by 1645%. A one standard deviation increase in “participation” increased the odds of perceiving the regulations to be reasonable by 410%. A one standard deviation increase in “people-centeredness” increased the odds of perceiving the regulations to be reasonable by 600%. Lastly, a one standard deviation increase in the variable “contextualising international evidence” increased the odds of perceiving the regulations to be reasonable by 415%. This research demonstrates that properly addressing the socioeconomic aspects of new policies in addition to ecological criteria makes it far more likely that stakeholders will regard them as reasonable, even if the new policies impose increased regulatory transaction cost burden on users or reduced access to a resource.
- Full Text:
- Date Issued: 2015
Regulatory incoherence and economic potential of freshwater recreational fisheries: the trout triangle in South Africa
- Marire, Juniours, Snowball, Jeanette D, Fraser, Gavin C G
- Authors: Marire, Juniours , Snowball, Jeanette D , Fraser, Gavin C G
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68621 , vital:29295 , https://www.tandfonline.com/doi/abs/10.2753/JEI0021-3624480406
- Description: Publisher version , We apply John R. Commons’s negotiational psychology, specifically his principle of sovereignty, to the development of a discordant regulatory culture and its likely impact on the economic potential of recreational fishing. Using South African environmental judicial precedents and other documentation, we formulate six plausible hypotheses. We argue that regulatory incoherence, entitlement insecurity, corporate-dominated social valuation, strategic power coalitions, lack of procedural fairness, and the extent of judicial enforcement of environmental rights help explain the economic potential and isolation of the freshwater recreational fisheries sector. We find a consistent pattern of extraction and monopolization of sovereign power by the Department of Mineral Resources from propertied parties. Thus, regulatory domination is a major mechanism affecting the economic potential of recreational fisheries in the Trout Triangle. While Commons postulated that private property is a sufficient condition for participation in the determination and use of sovereign power, we argue that private/public property is only a necessary condition. The conjunctive sufficient condition is the existence of both regulatory coherence between spheres of government and property.
- Full Text: false
- Date Issued: 2014
- Authors: Marire, Juniours , Snowball, Jeanette D , Fraser, Gavin C G
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68621 , vital:29295 , https://www.tandfonline.com/doi/abs/10.2753/JEI0021-3624480406
- Description: Publisher version , We apply John R. Commons’s negotiational psychology, specifically his principle of sovereignty, to the development of a discordant regulatory culture and its likely impact on the economic potential of recreational fishing. Using South African environmental judicial precedents and other documentation, we formulate six plausible hypotheses. We argue that regulatory incoherence, entitlement insecurity, corporate-dominated social valuation, strategic power coalitions, lack of procedural fairness, and the extent of judicial enforcement of environmental rights help explain the economic potential and isolation of the freshwater recreational fisheries sector. We find a consistent pattern of extraction and monopolization of sovereign power by the Department of Mineral Resources from propertied parties. Thus, regulatory domination is a major mechanism affecting the economic potential of recreational fisheries in the Trout Triangle. While Commons postulated that private property is a sufficient condition for participation in the determination and use of sovereign power, we argue that private/public property is only a necessary condition. The conjunctive sufficient condition is the existence of both regulatory coherence between spheres of government and property.
- Full Text: false
- Date Issued: 2014
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