NGOs and multi-level, multi-arena governance

Global governance is conducted in multiple arenas, each with their own characteristics in terms of factors such as membership, decision-making rules and procedures, subject scope, the strength of enforcement mechanisms, among many — including provision for participation by NGOs. This provides opportunities for ‘forum shopping’ (Murphy-Gregory and Kellow 2016) (also known as venue shopping), until recently a relatively neglected concept in studies of global governance and policy-making. Forum shopping denotes the same strategic behavior commonly discussed in the domestic public policy and legal studies literatures whereby actors seek a favourable arena in which to progress their goals, depending upon the rules, procedures, sanctions and rewards on offer. In essence, forum shopping involves the strategic selection and use of decision-making venues by actors. In this chapter, we examine how differences in institutional characteristics give rise to the forum shopping activities of non-governmental organisations (NGOs) hoping to realise their agendas and preferences through the establishment of various international rules, standards and agreements.