Download or read book The Legitimacy and Responsiveness of Industry Rule making written by Karen Lee and published by Bloomsbury Publishing. This book was released on 2018-09-06 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.

Download or read book Research Handbook on Soft Law written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.

Download or read book Transnational Securities Regulation written by Antonio Marcacci and published by Springer Nature. This book was released on 2022-11-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Download or read book Responsive Regulation written by Ian Ayres and published by Oxford University Press. This book was released on 1995-02-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.

Download or read book Negotiated Rulemaking Sourcebook written by David M. Pritzker and published by U.S. Government Printing Office. This book was released on 1995 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transnational Law and Local Struggles written by David Szablowski and published by Bloomsbury Publishing. This book was released on 2007-01-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.

Download or read book Governing as Governance written by Jan Kooiman and published by SAGE. This book was released on 2003-04-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of contents: 1. Setting the stage. 2. Interaction. 3. Governing images. 4. Governing instrumentation. 5. Governing action. 6. Self-governance. 7. Co governance. 8. Hierarchical governance. 9. Problems and opportunities (first-order governance). 10. Institutions (second-order governance). 11. Meta (third-order governance). 12. Society, governance and governability. 13. Interactions, governance and governability.

Download or read book Administrative Law written by Steven Cann and published by Routledge. This book was released on 2018-06-14 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.

Download or read book Regulation and the Global Financial Crisis written by Daniel Cash and published by Routledge. This book was released on 2020-11-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises – which reveals interesting patterns – and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.

Download or read book Multi Party Dispute Resolution Democracy and Decision Making written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-05-15 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

Download or read book EU Regulation of GMOs written by Maria Lee and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lee s book is a valuable addition to the literature for those wishing to broaden their understanding of the range of legal disciplines involved in GMO regulation. Tracey Epps, European Review of Agricultural Economics Maria Lee s work is a successful attempt to illustrate the big legal issues behind the regulation of genetically modified organisms (GMOs). This study, which is thorough and well documented, is particularly welcomed in view of the need for a dialogue between different legal specialisms for which GMOs are a relevant area of research. . . [The] book provides a very interesting and insightful examination of the legal problems raised by GMOs. I would warmly recommend its reading to academics and practitioners who are interested in European risk regulation law, environmental law, biotechnology and trade law. Sara Poli, European Law Review Genetically modified organisms (GMOs) are an extraordinary innovation. They raise great expectations of economic prosperity and improved capacity to address pressing problems of poverty and environmental degradation, whilst simultaneously raising great concerns about the type of social and physical world they promise. Finding space in regulation to consider the full range of issues provoked by GMOs is a huge challenge. This book explores the EU s elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts. This book will be of interest to academics and students in both law and social sciences, as well as practising lawyers and policy makers. It addresses questions that are significant for those involved in environmental or food issues, as well as specialists in GMOs.

Download or read book Departments of Labor Health and Human Services and Education and Related Agencies Appropriations for Fiscal Year 2002 written by United States. Congress. Senate. Committee on Appropriations. Subcommittee on Departments of Labor, Health and Human Services, Education, and Related Agencies and published by . This book was released on 2002 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Corporate Responses to EU Emissions Trading written by Jon Birger Skjærseth and published by Routledge. This book was released on 2016-05-13 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) aims to put Europe on track toward a low-carbon economy. In this striking challenge, the EU Emissions Trading System (EU ETS) has been singled out as the Union’s key climate policy instrument, ultimately aimed as a model for a global carbon market. The learning effect of the EU ETS could thus be tremendous. This study explores how the EU ETS actually works on the ground, affecting corporate climate strategies. It covers general sector responses as well as systematic comparative studies of companies across the sectors. The latter enables improved understanding of causal effects and the role of interaction between different policy instruments and other factors that impact corporate climate strategies. The study explores a broad set of mechanisms at play potentially linking the EU ETS to company climate strategies. These include how corporate norms of responsibility are affected by the EU ETS and how economic incentives provide opportunities for innovation. The book’s main contribution lies in its systematic examination of corporate responses to the EU ETS from a broad empirical and analytical social science perspective covering companies in all main EU ETS sectors: electric power, oil, cement, steel and pulp and paper.

Download or read book Ideology and Shop Floor Industrial Relations written by P. J. Armstrong and published by Taylor & Francis. This book was released on 2023-03-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1981, Ideology and Shop-Floor Industrial Relations is based on data obtained in observational research amongst managers, shop stewards and workers, examines the informal processes by which accommodations are or are not, reached by managers and workers. Since the publication of the Donovan Report industrial relations research has increasingly moved away from studies of formal procedures and institutions and focused more on informal custom and practice. In this book, the authors develop a theory of workplace rule making, and argue that it is in negotiations over such detailed and often minor daily industrial issues that the relationship between capital and labour is worked out. This book is a must read for scholars of industrial economics and management studies.

Download or read book A Responsive Technocracy written by Christian Rauh and published by ECPR Press. This book was released on 2016-10-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the common image of the European Commission as an insulated technocracy immune to political pressures. Based on an innovative combination of public opinion, protest and media data, it first demonstrates that European integration has become increasingly politicised since the 1990s. Against this background, the Commission is now much more concerned about the public appeal of its policies. That, however, challenges and contradicts the well-worn patterns of supranational regulation in Europe. Rauh systematically compares 17 legislative drafting processes in consumer policy between 1999 and 2009. Based on first-hand insider accounts of involved officials, his analysis indicates that the Commission's policy choices indeed become more consumer friendly under higher levels of public awareness. While this improves the democratic quality of European decision-making, the book also reveals an enhanced conflict potential within the Commission and beyond which threatens to undermine the efficiency of legislative decision-making in the EU.

Download or read book Food and Drug Regulation in an Era of Globalized Markets written by Sam F Halabi and published by Academic Press. This book was released on 2015-08-31 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Food and Drug Regulation in an Era of Globalized Markets provides a synthesized look at the pressures that are impacting today's markets, including trade liberalization, harmonization initiatives between governments, increased aid activities to low-and middle-income countries, and developing pharmaceutical sectors in China and India. From the changing nature of packaged and processed food supply chains, to the reorientation of pharmaceutical research and funding coalesced to confront firms, regulators, and consumers are now faced with previously unknown challenges. Based on the 2014 O'Neill Institute Summer program, this book provides an international, cross-disciplinary look at the changing world of regulations and offers insights into requirements for successful implementation. - Interdisciplinary approach allows readers to understand the varying perspectives involved in regulatory development - Includes case studies to highlight harmonization efforts and challenges, and to provide practical insights for application going forward - Provides a thorough assessment of supply chains, potential gaps, and means of anticipating and addressing issues - Presents a comprehensive snapshot of changes in the food safety law in the United States and under international standards, including academic, industry and regulatory perspectives - Addresses conflicts and cooperation between relevant US agencies including USDA, FDA, DEA, EPA, FTC and the Department of Commerce

Download or read book The New Global Rulers written by Tim Büthe and published by Princeton University Press. This book was released on 2013-07-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, governments have delegated extensive regulatory authority to international private-sector organizations. This internationalization and privatization of rule making has been motivated not only by the economic benefits of common rules for global markets, but also by the realization that government regulators often lack the expertise and resources to deal with increasingly complex and urgent regulatory tasks. The New Global Rulers examines who writes the rules in international private organizations, as well as who wins, who loses--and why. Tim Büthe and Walter Mattli examine three powerful global private regulators: the International Accounting Standards Board, which develops financial reporting rules used by corporations in more than a hundred countries; and the International Organization for Standardization and the International Electrotechnical Commission, which account for 85 percent of all international product standards. Büthe and Mattli offer both a new framework for understanding global private regulation and detailed empirical analyses of such regulation based on multi-country, multi-industry business surveys. They find that global rule making by technical experts is highly political, and that even though rule making has shifted to the international level, domestic institutions remain crucial. Influence in this form of global private governance is not a function of the economic power of states, but of the ability of domestic standard-setters to provide timely information and speak with a single voice. Büthe and Mattli show how domestic institutions' abilities differ, particularly between the two main standardization players, the United States and Europe.