This chapter focuses on the environmental diplomacy surrounding the World Commission on Environment and Development, popularly known as the “Brundtland Commission.” This process popularized the concept of sustainable development. The chapter begins by detailing the substantial changes seen in international environmental conditions through the mid-1980s, brought about largely by the Third World Debt crisis. These shifts created a rapidly deteriorating global environmental context and necessitated significant changes in institutional arrangements. The need for institutional change was a central finding of the important 1987 “Brundtland report,” titled Our Common Future. The Brundtland Commission highlighted a rapid deterioration in the world environment and underlined the need for major institutional change. Some actors sought to realize such change at the United Nations General Assembly in 1987, when the report and its call for action were presented to world leaders. Coordination was hindered, however, by divergent expectations and the absence of a Temporal Focal Point. While states were incentivized to cooperate rapidly to address problems in global environmental governance, the institutional status quo prevailed.

The conclusion summarizes and discusses the principal findings of the book, highlighting the role of temporal coordination dilemmas and Temporal Focal Points in patterns of continuity and change in international institutions. After relating these findings to other theoretical approaches, the chapter discusses the theoretical implications of the analysis contained in this book for the study of change in international institutions. The chapter provides an extended discussion of policy implications, including how international actors can employ the logic of temporal coordination in modernizing global institutions in the current international setting. It concludes with an analysis of the current context in global environmental and sustainable development politics, analyzing progress in combatting global challenges, such as climate change and the loss of biodiversity, and implementing the Sustainable Development Goals (SDGs). It argues that the international community has incentives to realize institutional change and that a Temporal Focal Point could soon emerge.

This chapter introduces the concept of Temporal Focal Points in explaining change in international institutions. In doing so, it elaborates theoretically the arguments contained in the introductory chapter. It models the coordination challenge facing states as a stag hunt game, where international actors can all benefit if they are able to cooperate. In hunting stag – or, engaging in institutional change efforts – actors can move to a Pareto-superior, payoff-dominant equilibrium. The challenge that they face is that if they hunt stag and others do not, they will expend scarce assets and end up significantly worse off. The risk of acting cooperatively when others do not leads actors to persist at inferior, risk-dominant equilibria. This can change suddenly, however, when actors reach a temporal convergence of expectations. The convergence is often facilitated by the arrival of Temporal Focal Points. The heightened probability of successful coordination leads to sharp increases in political and analytical investments. The chapter concludes with a discussion of methodology and case selection.

This chapter focuses on the 1992 United Nations Conference on Environment and Development (UNCED), the Rio “Earth Summit.” It shows how, despite incentives to address institutional dysfunction and mounting global environmental problems by institutionalizing sustainable development within the United Nations system, divergent expectations persisted until momentum built toward UNCED. The Rio conference, which marked the twentieth anniversary of the 1972 Stockholm conference, emerged as a Temporal Focal Point in United Nations environmental politics. Convergent expectations triggered a significant increase in political and analytical investments in change processes from state and non-state actors, leading to a transformation of the informational and political context. These investments produced significant institutional change, including the creation of the Commission on Sustainable Development (CSD) and the institutionalization of the World Bank-operated Global Environment Facility. States also launched the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity, a set of Forest Principles, and the United Nations Convention to Combat Desertification.

This chapter analyzes United Nations environmental politics from 1993 to 2021, focusing heavily on the 2002 World Summit on Sustainable Development (WSSD), or the “Johannesburg summit,” and the 2012 “Rio+20” United Nations Conference on Sustainable Development (UNCSD). The chapter examines the institutional ambiguities created by the 1992 Rio “Earth Summit” and international efforts to address them. It analyzes in detail failed institutional bargaining surrounding WSSD and carries the empirical investigation forward to the Rio+20 summit. The second Rio Earth Summit constituted a Temporal Focal Point in the history of United Nations environment governance and precipitated large-scale institutional change. Among the significant institutional changes emerging from the conference were the transformation of the United Nations Environment Programme (UNEP), the creation of a High-Level Political Forum on Sustainable Development (HLPF), and the approval of a process for articulating the UN’s Sustainable Development Goals (SDGs) and the 2030 Agenda. The chapter also provides a brief discussion of more recent UN environmental cooperation, focusing on UNEP, the HLPF, and the SDGs, including progress in combatting climate change and the loss of biodiversity.

This chapter introduces a new framework that analyzes the role of timing and temporality in international institutions and world politics. It describes the temporal coordination dilemmas facing international actors. The chapter details the challenges posed by gradually accumulating incentives to alter international institutions and by the large number of actors that must be brought into the picture if institutional change efforts are to succeed. In realizing major change, a large array of moving pieces must be synchronized at one point in time, entailing considerable complexity and transaction costs. Indeed, the political and analytical investments – both international and domestic in nature – involved in recasting institutions are very substantial. Actors’ willingness to incur a sharp increase in transaction costs depends on their expectations that others will engage in a parallel effort. Thus, even as incentives to alter institutions mount, the inertial drift of institutional life persists until actors are able to reach a temporal convergence of expectations. At that time, actors make substantial investments in change processes and alter fundamentally their bargaining behavior.

This chapter provides a detailed analysis of the state of United Nations environmental cooperation between 1963 and 1972, focusing extensively on the 1972 “Stockholm conference.” It shows how a gradual deterioration of the global environment since the Industrial Revolution produced growing incentives to increase the level of international cooperation in global environmental politics. These incentives lay unrealized for more than a decade, however, until momentum gathered in the lead-up to the 1972 United Nations Conference on the Human Environment. The Stockholm conference, which became a landmark event, produced substantial institutional change, including a Declaration, Action Plan, and ultimately the creation of the United Nations Environment Programme (UNEP). The conference, which was originally planned as a largely technical affair, gathered a momentum that was unanticipated by all when it was initially proposed. This momentum is explained by the emergence of a Temporal Focal Point triggered by a series of visible environmental incidents that highlighted long-standing institutional suboptimality. The Stockholm Temporal Focal Point was crystallized by an entrepreneurial conference secretariat led by Maurice Strong.

This chapter offers a new framework for theorizing about the roles of different types of actors who participate in processes of cross-fertilization. All of these actors have complex or mixed motives: while actors may place some value on the coherence of the international legal system, they weigh such systemic concerns against other, more immediate concerns. International judges, for example, may place value on the coherence of the international legal system, but they may place greater emphasis on the autonomy of their own specialized or regional legal order, on the normative values of that order and on their own authority within that order. Other actors, by contrast, may place little or no value on international legal coherence, but favor or oppose cross-fertilization as a function of its effect on the their likelihood of prevailing in a dispute. In a world of complex actor preferences, the process of cross-fertilization is likely to resemble, not a consensual process of management, but a constant struggle among a wide variety of actors, some of whom will champion cross-fertilization while others seek to prevent or limit it.

This chapter examines the post-1972 Stockholm conference phase of institution-building in global environmental governance from 1973 to 1982, with particular attention to the early development of the United Nations Environment Programme (UNEP). UNEP, which was formally launched in December 1972, accumulated a mixed record in fostering global environmental cooperation. After analyzing UNEP’s early years, the chapter provides a detailed treatment of UNEP’s 1982 Governing Council “Session of a Special Character.” The “Nairobi conference,” much neglected in the literature, marked the 10th anniversary of UNEP and served a focal point for analysis of global environmental issues. Despite the efforts of UNEP’s Executive Director, Mostafa Tolba, international conditions had not opened up incentives sufficient to motivate significant institutional change in 1982. Thus, with a few minor adjustments, the institutional status quo prevailed following the Nairobi conference.

Though constitutional drafting is a national affair, it is not isolated from the international legal setting in which it is embedded. Sometimes, the process of drafting itself may be directly governed by international law (for example, a United Nations mandate). On other occasions, constitutional design may be influenced by incentives generated by international law (such as EU membership). Either way, the creation of a new constitution invariably requires reflection upon the status and role of international law in the normative hierarchy of a country. Using Sudan as a case study, this chapter explores the significant role played by international law in the drafting of the Comprehensive Peace Agreement and the Interim National Constitution of 2005.

It is shown that the form of an institution, its legal character, and membership do not determine procedural density.

The finding that the procedural density regarding an activity is zero is very prevalent in the sample. The reasons for this usually lie in low state interest, which is demonstrated via case studies of the European Advertising Standards Alliance and the Proliferation Security Initiative.

During coding, there were certain procedural steps which occurred more frequently than others but no distinct patterns of combinations of procedural steps. This leads me to assume that procedure as a design element is valued for its variety and flexibility.

Whether an activity is hard or soft law or somewhere in between greatly determines state interest in procedural justice. This is further explored via a case study of the Human Development Index.

Like the legal character, the exact characteristics of an administrative activity affect procedural density. This is illustrated using the different branches of the International Telecommunications Union and their procedure.

Of the different kinds of procedural steps, review is by far the least prevalent because it strongly affects state interests and often juxtaposes them with individual rights and interests. This is illustrated with comparative case studies of the Interpol Commission for the Control of Files and the ICANN Independent Review Procedure.

Procedural justice in the shape of procedural steps is a more flexible design tool than an institution's different organs. All things being equal, it is therefore preferred. This is demonstrated by the decentralized compliance monitoring mechanism used by the International Electrotechnical Commission.

The main findings from the empirical research are summarized.

GAL is one of the most ambitious projects to capture the role of procedure in global governance. Other concepts are briefly introduced and compared. The idea of procedural justice as akin to GAL in scope but focusing on perceptions of fairness and legitimacy rather than normativity emerges.

The main strands of international relations theory regarding institutions are briefly introduced. The work focuses on rational choice, notably Rational Institutional Design theory.

To unite the concept of procedural justice with the perspective and methods of rational institutional design, the factor of state interest is studied. It is shown how state interest can operate even within nominally private institutions and which factors determine whether and how a state is interested in introducing procedural justice.

The codebook variables creating the matrix of sensitivity of state interest - quantitative and qualitative procedural density is introduced. The mode of sample collection is explained.