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Multilevel governance entails transformations of statehood, leading to significant changes both in the public sphere of politics and the private sphere of economic activity and in their modes of interaction, the law included. The fragmentation of the public sphere and the decentering of the state have led to new types of regulation and the emergence of global regulatory networks, thereby intermingling the public and the private. The transition from government to governance blurs a clear hierarchy of norms and the distinctions between hard/soft and public/private law; it encourages a fragmentation of public functions. Renewed international legalization has been seen by some in formalist terms, as a way of providing some certainty and predictability; this view has been used to buttress the legitimacy of global governance Although there have been attempts to improve coordination between international regimes, they seem generally to spawn further regulatory networks; any formal constitutionalization of international regimes seems unlikely.

AbstractDespite its widespread use in European studies and beyond, the concept of multilevel governance (MLG) still suffers from a considerable degree of uncertainty as to its precise meaning, which in turn hinders the cumulative development of this research programme. In an attempt to stimulate a systematic methodological discussion of the idea of MLG, this article presents a critical reconstruction of the concept structured around three 'axes of ambiguity'– the applicability of MLG beyond the European Union; the role of non‐state actors; the focus on policy‐making structures versus processes – followed by a conceptual assessment and clarification strategy based on John Gerring's criterial framework. Building particularly on Gerring's criterion of causal utility, the article argues that the MLG concept is best clarified along the (not necessarily exclusive) lines of two theoretical directions emerging from the literature: MLG as a theory of state transformation, and MLG as a theory of public policy. For each of the two models, the criterial framework also indicates a number of corresponding conceptual shortcomings which MLG scholars should try to reduce as much as possible in future refinements of this idea.

The commentary returns to the beginning of the career of multilevel governance as a distinct perspective on the European Union and European integration. At the time, multilevel governance allowed a generation of students to overcome the stylised debates between Liberal Intergovernmentalism and Neofunctionalism on how to best capture the 'nature of the beast'. At the same time, multilevel governance still privileged the role of public authorities over economic and societal actors. While subsequent studies broadened the focus to include the social partners or public interest groups, Hooghe and Marks have retained their public authority bias. The commentary argues that the focus on multilevel government rather than multilevel governance has increased the scope or applicability of Hooghe and Marks' approach, both within the European Union and beyond. At the same time, the government bias has prevented the multilevel governance approach from unlocking its full explanatory potential.

Cover -- Contents -- Preface -- Contributors -- I: Introduction -- 1. Introduction: The Promises and Pitfalls of Aboriginal Multilevel Governance -- 2. Rebuilding Canada: Reflections on Indigenous Peoples and the Restructuring of Government -- II: Treaty Governance in the North -- 3. Multilevel Governance in the Inuit Regions of the Territorial and Provincial North -- 4. A Partnership Opportunity Missed: The Northwest Territories Devolution and Resource Revenue Sharing Agreement

Literature defines epistemic communities as knowledge-based networks whose purpose is to influence policy. While previous studies often focused on the horizontal functioning of epistemic communities, we expand the debate by integrating the vertical dimension as an additional governing structure. We argue that vertical epistemic communities take advantage of multiple-scale systems to generate coherent strategies which enable them to influence policymaking. Through the case of Swiss smoking prevention policy, we study how vertical epistemic communities in federalist systems can lead to policy harmonisation between member states. They do so by shifting the decision-making process away from the political towards expert arenas.

Literature defines epistemic communities as knowledge-based networks whose purpose is to influence policy. While previous studies often focused on the horizontal functioning of epistemic communities, we expand the debate by integrating the vertical dimension as an additional governing structure. We argue that vertical epistemic communities take advantage of multiple-scale systems to generate coherent strategies which enable them to influence policymaking. Through the case of Swiss smoking prevention policy, we study how vertical epistemic communities in federalist systems can lead to policy harmonisation between member states. They do so by shifting the decision-making process away from the political towards expert arenas.