The Democratic Legitimacy of Private Governance : An Analysis of the Ethical Trading Initiative
Private actors increasingly influence global governance and generate transnational rules and
regulations. By creating soft law, they adopt governance tasks that were traditionally in the
responsibility of sovereign states. These modes of “private governance” are quite disputed.
Some hope that by including private actors, democracy on a global level can be enhanced. Others
fear that private governance circumvents democratically legitimated governments and that
private regulation competes with national and international law. Thus, questions arise about
the legitimisation of private actors and about the democratic legitimacy of private governance.
This report explores whether private governance can be regarded as democratically legitimate.
As a background, it discusses global democracy gaps and possibilities to conceptualise
democratic legitimacy in relation to private regulation. The main part consists of a case study of
the Ethical Trading Initiative (ETI), a private alliance of companies, non‐governmental organisations
and trade unions promoting the implementation of supply chain codes of conduct to improve
labour standards. As a multi‐stakeholder initiative, ETI stands for a special form of private
governance characterised by the cooperation of different actors.
According to the analysis, ETI shows a relatively high degree of democratic legitimacy even
though critical points can be observed. On the whole, ETI as an example of private governance
neither poses a threat, nor can it fulfil all hopes in relation to global democracy. In a preliminary
conclusion, the author identifies factors that potentially influence the democratic legitimacy of
private governance, among others the organisational size, financial resources, the method of
operation and specific characteristics of the sector in which private governance operates.