This commentary takes up conceptual issues raised in the introduction. Discussing the contributions to this volume, we offer three points. First, the concept of fragmentation needs theoretical clarification, which can be provided to some extent by sociological differentiation theory. We suggest a typology of different types of fragmentation. Second, differentiation theory helps to improve understanding of the different causes of fragmentation. Third, a high level of institutional differentiation is an important characteristic of modernity at many levels of politics. It is not fragmentation per se, but rather the (lack of) coordination of fragmented or differentiated institutions, that is a problem for global governance.
Most issue areas in world politics today are governed neither by individual institutions nor by regime complexes composed of formal interstate institutions. Rather, they are governed by “hybrid institutional complexes” (HICs) comprising heterogeneous interstate, infra-state, public–private and private transnational institutions, formal and informal. We develop the concept of the HIC as a novel descriptive and analytical lens for the study of contemporary global governance. The core structural difference between HICs and regime complexes is the greater diversity of institutional forms within HICs. Because of that diversity, HICs operate differently than regime complexes in two significant ways: (1) HICs exhibit relatively greater functional differentiation among their component institutions, and hence suffer from relatively fewer overlapping claims to authority; and (2) HICs exhibit greater informal hierarchy among their component institutions, and hence benefit from greater ordering. Both are systemic features. HICs have characteristic governance benefits: they offer good “substantive fit” for multi-faceted governance problems and good “political fit” for the preferences of diverse constituents; constrain conflictive cross-institutional strategies; and are conducive to mechanisms of coordination, which enhance substantive coherence. Yet HICs also pose characteristic governance risks: individual institutions may take on aspects of problems for which they are ill-suited; multiple institutions may create confusion; HICs can amplify conflict and contestation rather than constraining them; and the “soft” institutions within HICs can reduce the focality of incumbent treaties and intergovernmental organizations and forestall the establishment of new ones. We outline a continuing research agenda for exploring the structures, operations and governance implications of HICs.
Institutional overlap emerges not only as an unintended by-product of purposive state action but also as its deliberate result. In two ways, this article expands existing research on the causes and consequences of institutional overlap. First, we establish that three different types of dissatisfaction may lead states to deliberately create institutional overlap: dissatisfaction with substantive norms and rules, dissatisfaction with decision-making rules and dissatisfaction with the institutional fit of an existing governance arrangement for a given cooperation problem. Each type of dissatisfaction triggers a distinct motivation for the creation of institutional overlap: to induce policy change, to increase influence on collective decision-making or to enhance governance effectiveness. Second, we demonstrate that whereas the motivation to induce policy change leads to interface conflicts, the motivations to increase influence on collective decision-making and to enhance governance effectiveness give rise to inter-institutional coordination. Three empirical case studies on global energy governance, the governance of global development banking and global environmental governance probe these analytical claims.
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