Frail hope and new frontiers

This guest editorial takes as its starting point the 2021 guest editorial in ANTHROPOLOGY TODAY on the anthropology of blockchain written by Kosmarski and Gordiychuk, in which they discussed the possibilities of blockchain in terms of a ‘frail hope of novel, weird, grassroots, decentralized forms of social life’. They also argued that blockchain brought us to ‘new frontiers’ in politics, economics, capital, votes and subjective feelings. Two years later, in this 2023 guest editorial, the authors take stock of where blockchain technology stands concerning these ‘frail hopes’ and ‘new frontiers’. They distinguish between three articulations of blockchain imaginaries: blockchain-as-discourse, blockchain-as-sociotechnical assemblage and blockchain-as-spectacle. Then, they explore what blockchain means for capital, and whether we are headed towards mass adoption of blockchain technology, concluding that, for now, they see primarily institutional adoption. The authors also discern parallel institutional structures, with traditional finance on one side and blockchain-enabled crypto finance on the other, and they examine the regulated future of crypto assets.     

Some pig! Exchanging NFTs for the perspective of regeneration

There are a thousand more silly ideas for every utopian blockchain project to heal the planet, foster financial justice, transform cultural production or democratize practically anything and everything. Non-fungible tokens (NFTs) are one of them. The funny thing is that the more you pick at them, the more they harmonize with certain longstanding anthropological arguments. Non-fungibility lurks in the anthropological imagination of non-capitalist economies. This article uses the common law of fungibility to explore the elevation of the very idea of non-fungibility presumed in many NFTs. This idea might have more in common with saints’ incorruptible flesh or the Crown Jewels than the standard fictions of capitalist finance. They cut social ties by insisting on their singularity and immutability. In doing so, they crowd out other blockchain conversations about regeneration and ways to reckon the debts we owe any number of possible futures.     

Anthropology and blockchain

Blockchain and its related technologies break away from the contemporary dystopian imaginaries of control and exploitation endemic in IT. This editorial considers the relevance of blockchain for anthropologists, why they should care, and what the technology brings. After sketching the evolution of blockchain, we draw attention to its potential as a playground – a plethora of projects reimagining and remaking the basic stuff of political economy, including the meaning of money, collectivities, exchange and voting. Blockchain's utility for rethinking the basic rules of the game in academia also deserves attention.     

Towards decentralized anthropological scholarship: Some ethical considerations

This article outlines the future of decentralized blockchain scholarship and some ethical questions we must consider in its wake. What is the role of research participants in a decentralized publishing ecosystem? And how do we move towards more just values and practices in intellectual creation and dissemination?     

旅游区与城市控制性详细规划比较研究

目前实践中我国旅游区控规较多地套用城市控规的标准,导致问题层出不穷。因此指导旅游区控规的规范和标准亟待完善。本文首先对旅游区和城市控规进行了比较研究,分析出旅游区控规相对于城市控规的独特性,指出旅游区控规不能照搬照抄城市控规标准。同时又综合考虑规划管理、资源开发和环境保护三者之间的关系,创造性地构建了适合一般旅游区控制性详细规划的控制体系图。最后,针对旅游区与城市控规控制体系图之间的主要指标差异,进行更深入地比较研究,试图引起国内规划专家及学者的关注和讨论,以进一步规范和促进我国旅游区控规理论有时间的科学与健康发展。     

Front and Back Covers,Volume 39, Number 4. August 2023

Front and back cover caption, volume 39 issue 4 CBDC'S BOTANICAL IMAGERY In the ever-evolving landscape of global finance, the Bank for International Settlements (BIS) has cultivated a botanical metaphor to illustrate the concept of central bank digital currency (CBDC). In this issue, Swartz & Westermeier explore this metaphor (illustrated here by Matthew Kurina), presenting a fascinating anthropological perspective on the intersection of technology, economy and imagination. The BIS's metaphorical ‘money tree’ positions the central bank as the sturdy trunk, providing stability and support to the financial ecosystem. The branches, representing various financial institutions, extend from this trunk, while the leaves, symbolizing the diverse forms of money, flourish at the periphery. This metaphor not only encapsulates the hierarchical structure of the financial system but also naturalizes the concept of CBDC, subtly implying its inevitability and organic integration into the existing monetary ecosystem. The BIS uses the ‘money flower’, another botanical metaphor, to classify the past, present and future forms of money. The petals of this flower represent different characteristics of money, such as whether it is digital or physical, centralized or decentralized. This metaphorical taxonomy provides a framework for understanding the evolution of money and the potential role of CBDCs in the future financial landscape. However, while visually appealing and conceptually insightful, these botanical metaphors also raise anthropological questions. They mask the sociopolitical implications of CBDCs, presenting them as natural phenomena rather than human-made constructs. This portrayal glosses over the potential power dynamics, control mechanisms and geopolitical tensions inherent in adopting CBDCs. As we stand at the precipice of a new era in digital currency, these metaphors serve as a reminder of the need for critical engagement with the narratives that shape our understanding of complex financial technologies. The ‘money tree’ and ‘money flower’ are not just symbols of financial evolution, but also tools of persuasion, framing our perception of the future of money. CULTURAL EVOLUTION IN THE AGE OF NFTs The Bored Ape Yacht Club (BAYC), an intriguing collection of algorithmically generated cartoon ape NFTs etched into the Ethereum blockchain, has not only sparked a cultural phenomenon but also inspired the first ever NFT-themed restaurant, Bored & Hungry, in Long Beach, California, USA. Why apes? A BAYC founder suggests it is a response to the existential ennui that follows the attainment of vast wealth through crypto investments. ‘Once you've achieved unimaginable wealth, what's next? You join a swamp club with a bunch of apes and embrace the unusual’. Or, you could always enjoy a burger. Yet, these seemingly whimsical endeavours are more than just a pastime for the crypto rich. NFTs signify a profound shift in the political discourse surrounding blockchain technology. They challenge the financialization of blockchain, aligning with a contemporary wave of anti-finance far-right populism and potentially offering an alternative to the prevailing capitalist democratic order. In this issue, Bill Maurer delves into the uneasy relationship between the concept of non-fungibility and anthropological theories of embedded or social economies. This tension, he suggests, could pave the way for a post-neoliberal future, one that is not rooted in finance but in regenerative models for future social worlds. From an anthropological perspective, the rise of NFTs and blockchain technology represents a fascinating evolution of societal norms and values. It challenges our traditional understanding of ownership, value and community, creating a new form of ‘digital tribalism’ where belonging is tied to shared digital assets. Furthermore, the boredom expressed by the crypto wealthy and their subsequent retreat into a virtual ‘swamp club’ can be seen as a form of digital ‘potlatch’, a ceremonial feast of the Kwakiutl, where status is asserted not through wealth accumulation, but through its ostentatious disposal. As blockchain technology continues infiltrating all aspects of life, anthropology grapples to understand its impact. The cultural shift it brings is as significant as it is complex, and its full implications are yet to be unravelled.     

Development plans: New approaches to making frameworks for land use regulation

This paper explores approaches to managing environmental change in urban regions, particularly with respect to land use and property development. Specifically, it examines the role and forms of development plans, as frameworks within regulatory regimes for managing development. It emphasizes the importance of the ideology and discourses underlying conceptions of plan content and function, and of the power relations of executive action. It draws on British experience and past traditions of development plan‐making, to argue that there are three possibilities for the future evolution of a regulatory form for the planning system: neo‐liberal forms of management by performance criteria and output targets; élite‐pluralist forms of management by partnership; and participatory forms of management by argumentation. The paper concludes that the contemporary challenge for the regulatory form of land use planning systems is between forms of technicist management and forms of pluralist democratic management.     

Participation and Environmental Policy in Canada and the United States: Trends Over Time

This article explores trends in participation and environmental policy in Canada and the United States over three time periods: from the early 1970s to the mid-1980s; from the mid-1980s to the early 1990s; and, finally, over the past few years. The article examines possible interactions among the two variables within each country over these periods and searches out overall tendencies toward convergence or divergence. The article argues that there was divergence between the two countries in the first period, with the U.S. providing more participatory opportunities earlier than Canada and establishing a more developed regulatory framework. An overview of progress over the second period, showing some convergence among the two countries, is then provided. Canada seemed to be catching up to its southern counterpart in terms of both participatory opportunities—although they took a distinctively Canadian form—and policy decisions. More recently, however, the trend has been toward divergence. The article explains that, over the past few years, participatory opportunities in Canada have been diminished and the environmental regulatory framework has been scaled back. Although there have been some changes in the U.S. case, the scale of these changes has not been as extensive. The final section of the article then attempts to relate these broader trends in participation and policy decisions to the political context in each country. It is argued that institutional frameworks in the two countries have played a key role in the identified trends. In particular, Canada's institutional structure—specifically the concentration of power in the executive and its federal structure—has hastened these recent developments, while the U.S. institutional framework—with its multiple power centers—has acted as a brake on those who advocate significant change to the existing environmental policy regime.     

Regulatory Alchemy: How the Water Cycle Becomes Capital in the California Desert

A proposed project will take water from an aquifer in the California desert to the coast. Lacking final approvals more than 30 years after it started, the project remains a plan despite sizeable opposition. What is its secret? In this paper, I examine the imaginaries of the underground aquifer underneath the lands of Cadiz Inc, the project proponent. While local theories insist the company is at the centre of a Chinatown conspiracy, I argue that the company stays alive through regulatory alchemy, a term that reveals the magic at the heart of scientific and regulatory approval processes. I examine narratives of the aquifer in environmental compliance and financial reporting in order to reveal how regulatory processes become the conditions of profit-making, building on debates in critical legal geography and political ecology.     

Environmental governance and private actors: enrolling insurers in international maritime regulation

Government programmes have always relied on the enrolment of intermediate actors, both public and private, in the regulatory process. An increasing recognition that the form of implementation is as important as the passing of new legislation means that these actors are increasingly the focus, rather than just the means to an end, of regulatory programmes. This is particularly the case in international maritime environmental regulation. In this paper I examine how the enrolment of private actors takes place, both discursively and through the use of incentives and sanctions. I focus in particular on the use of liability and compulsory insurance and examine the conditions necessary for an environmental insurance market to function. I then take one set of private actors—Protection and Indemnity (P&I) Clubs which insure shipowners' third party liabilities—and look how international government institutions create (dis)incentives and discourses that encourage the P&I Clubs to act in favour of regulatory goals. The contingent nature of regulation means there is an increasing feedback in which P&I Clubs are allowed to contribute to the framing of specific government programmes in the name of practical implementation, but this must be balanced against the risk of allowing private interests to determine ultimate policy objectives.     

Ukraine’s unfinished natural gas and electricity reforms: one step forward,two steps back

ABSTRACT

This paper seeks to explain Ukraine’s natural gas and electricity sector reforms, to outline the challenges facing these two sectors going forwards and to identify prospects for renewables. It makes three core arguments: First, the regulatory templates promoted by the European Union do not lend themselves to swift implementation. This is because the EU’s approach has been supply-driven, in the sense that it exports regulatory templates already developed within the EU; it is not, therefore, a suitable problem-solving measure for a crisis-stricken country with limited capacities and powerful vested interests. Second, there has been very slow progress made in innovative and creative shifts in Ukrainian energy transition policy, showing a lack of commitment to the transformation and modernisation of energy systems that should in principle be based on the promotion of new business models backed up by reformed political, regulatory and industrial infrastructures. Third, Ukrainian elites have been formally open to the flow of rules as evidenced by a number of agreements concluded between the EU and Ukraine. But, in practice, the pre-existing, deep-seated preferences of those elites have perpetuated the opaque gas trading system, resulting in them being very selective about the rules that they are actually prepared to adopt.     

Curriculum reform: a transformation or consumption model for politics and international relations?

For decades, politics and international relations (PaIR) programs across Australia have taken a smorgasbord or student consumption approach to curriculum development. This article examines whether, with the Australian Qualifications Framework (AQF), there has been a systematisation and transformation of curriculum. It surveys 21 programs and majors in the field offered at 10 universities. It analyses directions in program structure, content and to a lesser extent delivery in order to discover whether there is a shared picture of graduate outcomes. The model of curriculum as a product students’ select elements of to consume has largely continued and there has been no disciplinary debate about direction. This may well result in marginalisation if PaIR cannot successfully attract enough new students or influence regulatory debates, which will likely expand given the ongoing massification of higher education in Australia.     

The OECD and the Reconfiguration of the State in Emerging Economies: Manufacturing ‘Regulatory Capacity’

This article explores attempts to construct ‘regulatory capacity’ in developing countries, focusing on the work of the Organisation for Economic Co‐operation and Development (OECD) and its role as an international standard‐setting institution in regulatory governance. The article explores how the construction of specific forms of regulatory capacity, and attempts to orchestrate the adoption of regulatory reform agendas in emerging economies, reflect broader processes of political‐policy transfer that impact state capacity and the ability of developing states to manage economic development. By analysing the OECD's engagement practices with third party organizations such as APEC (Asia‐Pacific Economic Cooperation organization) and ASEAN (the Association of Southeast Asian Nations) and its specific engagement with emerging economies through country ‘reviews’ and ‘audits’, the author explores the implications for state capacity in terms of the adoption of regulatory systems of governance.     

Strengthening the Role of Public Health in Environmental Policy

Over the past 25 years there has been a steady decline in the role of public health agencies in environmental protection. This paper examines the major factors that have contributed to that decline, including the impact of federal environmental laws, the disparity in funding between regulatory and public health activities in environmental protection, and the emergence of risk assessment as a basis for environmental decisions. The methods of risk assessment and traditional public health approaches are contrasted, and the advantages of the involvement of public health agencies are discussed. Recommendations are presented for strengthening the role of public health in environmental decisionmaking to address more effectively public concerns about environmental risks.     

Can Voluntary Environmental Regulation Work in Developing Countries? Lessons from Case Studies

Hamstrung by weak institutions that undermine conventional environmental regulatory tools, policymakers in developing countries are increasingly turning to voluntary approaches. To date, however, there have appeared few evaluations of these policy experiments. To help fill this gap, we summarize arguments for and against the use of voluntary regulation in developing countries, review the nascent literature on the topic, and present case studies of agreements negotiated between regulators and leather tanners in an industrial city in Mexico, a national environmental audit program in Mexico, and a national public disclosure program in India. Admittedly few in number, these three case studies nevertheless suggest that although voluntary environmental regulation in developing countries is a risky endeavor, it is by no means doomed to failure. The risks can be minimized by emphasizing the dissemination of information about pollution and pollution abatement options and by avoiding voluntary approaches in certain situations—those where regulatory and nonregulatory pressures for improved environmental performance are weak and where polluters can block quantified targets, individual sanctions for noncompliance, and other widely accepted prerequisites of effective voluntary initiatives.     

Environmental Regulations and Multinational Corporations' Foreign Market Entry Investments

In this study, we examine how differences in environmental regulation characteristics are linked to multinational corporations' (MNCs) foreign market entry (FME) investments decisions around the world. We rely on a data set with 29,303 observations from 94 European Fortune Global 500 companies operating across 77 countries during the period 2001–2007. We found that MNCs are more likely to enter countries with more certain—i.e., clearer and more stable—environmental regulations than those of their home countries. Results also suggest that there is a higher level of MNC entry into foreign countries with environmental regulations that are more stringent than those of their home countries. This finding challenges the controversial but commonly held view that more stringent environmental regulations deter MNCs' FME investments. Notably, the magnitude of the regulatory certainty relationship with MNCs' FME investments is larger than that of regulatory stringency. Findings also indicate that the increased tendency of MNCs to enter countries with more stringent environmental regulations is higher in more democratic countries and for cleaner industry firms.     

The Limited Effects of Federal Environmental Justice Policy on State Enforcement

The federal government adopted several measures during the mid-1990s to address concerns about race-based and class-based disparities in environmental protection. This article examines whether these measures affected the pattern of state enforcement of three federal pollution control laws. Using differences-in-differences models to estimate the effects of the federal policy adoption, I find evidence of increases in state enforcement of the Clean Air Act in large African-American communities, but declines in enforcement in communities with large poor and Hispanic populations. Similarly, there is evidence that state enforcement of the Clean Water Act decreased in poor and African-American communities, but there were no real changes in enforcement of facilities regulated under the Resource Conservation and Recovery Act. Collectively, the analysis suggests that the federal policy had minimal positive effects on state regulatory enforcement.     

American Regulatory Policy: Factors Affecting Trends Over the Past Century

This article examines American regulatory policy over the past century and the factors that have affected its development. Among the trends analyzed are the movement away from independent regulatory commissions, the larger role played by the institutional presidency vis-a-vis the Congress in the regulatory arena, and the growing resistance of states and localities to national government regulation and "unfunded mandates."     

Restraining regulatory capture? Anglo‐America,crisis politics and trajectories of change in global financial governance

A growing number of respected commentators now argue that regulatory capture of public agencies and public policy by leading banks was one of the main causal factors behind the financial crisis of 2007–2009, resulting in a permissive regulatory environment. This regulatory environment placed a faith in banks own internal risk models, contributed to pro‐cyclical behaviour and turned a blind eye to excessive risk taking. The article argues that a form of ‘multi‐level regulatory capture’ characterized the global financial architecture prior to the crisis. Simultaneously, regulatory capture fed off, but also nourished the financial boom, in a fashion that mirrored the life cycle of the boom itself. Minimizing future financial booms and crises will require continuous, conscious and explicit efforts to restrain financial regulatory capture now and into the future. The article assesses the extent to which this has been achieved in current global financial governance reform efforts and highlights some of the persistent difficulties that will continue to hamper efforts to restrain regulatory capture. The evidence concerning the extent to which regulatory capture is being effectively restrained is somewhat mixed, and where it is happening it is largely unintentional and accidental. Recent reforms have overlooked the political causes of the crisis and have failed to focus explicitly or systematically on regulatory capture.     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.