The iteration deficit in responsive regulation: Are regulatory ambassadors an answer?

One reason that regulation is difficult is that repeated encounters between regulator and regulatee are rare. We suggest diplomacy as a model for reconfiguring regulatory institutions in response. Ambassadors for Regulatory Affairs who would be agents for all state regulatory agencies could be based in most large firms and small and medium enterprises that pose unusual regulatory risks. In rural towns, police would be trained as regulatory ambassadors. Just as a US Secretary of State can launch a “diplomatic surge” in Myanmar from 2009, so regulatory surges are possible in market sectors of high risk or high opportunity. We propose strategies of indirect reciprocity as a way in which reciprocity that is only episodic in these strategic ways can promote more general responsiveness. Indirect reciprocity is reciprocity that we do not personally experience, but learn from the experience of a culture. This means that so long as we sustain regulation as a relational as opposed to a purely technocratic process, indirect reciprocity might civilize regulatory compliance in an historical process informed by the theories of Elias and Putnam.     

Responsive regulation at the Dutch Food and Consumer Product Safety Authority: An empirical assessment of assumptions underlying the theory

Responsive regulation usually boils down to the assumption that enforcers should not shift to coercing before it has become clear that persuading does not work. This presupposes that it is possible to determine what the correct enforcement style is, that enforcers can apply the most suitable style, and that enforcers control the negative unintended consequences of their conduct. We have studied the applicability of these presuppositions at the Dutch Food and Consumer Product Safety Authority by way of observations, interviews, and a survey. The applicability of all three presuppositions has proven problematic; enforcement agents apply different styles in comparable cases; they are impeded in applying the most appropriate style; and they do not control the perverse consequences of their conduct because regulatees tend to perceive it as more coercive than intended by inspectors. Our findings are not unique to this inspectorate and hence raise questions about the applicability of the theory of responsive regulation.     

Changing the Conversation: Can the Phone Hacking Scandal Lead to a New Covenant on Media Responsibilities?

This article examines the implications of the 2011 phone hacking scandal for press freedom in the United Kingdom. Specifically, it argues that the language of rights has too long dominated public discourse, which has led to discussion of media responsibilities being evaded. The article argues that there is now an opportunity for a radical restructuring of the relationship between the press, the public, and the political system that restores the media to their rightful role as a watchdog on government and steward of the people. It points to the need for independent regulation of the press and a statutory right of reply as means through which the relationship between media and citizen can be recast on the grounds of obligation and responsibility but argues that it is only when we move away from a framework grounded in rights to one grounded in responsibilities that meaningful change can flourish.     

Public Information and Regulatory Processes: What the Public Knows and Regulators Decide

Because bureaucratic agencies may be less transparent in their decision processes than legislatures, most states have developed processes to incorporate input from regulated communities and other parties potentially affected by regulations. Administrative agencies may encourage democratic practices to increase legitimacy and accountability of the bureaucracy and improve decision‐making processes. However, rules governing the regulatory process vary by state, with some incorporating more open practices than others. Understanding these dynamics is increasingly important, as the rulemaking process has become central to policymaking over the past several decades, with a large portion of policymaking authority delegated to administrative agencies. Drawing from regulatory documents, rulemaking comments, media coverage, and interviews with regulators in 14 regulatory decision processes across five states, this study finds that while states vary in their approach to providing access to information, there are overriding patterns that reduce the role of citizens and the overall transparency of regulatory processes.     

Reform of Press Self‐regulation

In July 2011 following the revelations about phone hacking, all three political party leaders called for radical reform of the current system of press self‐regulation. Those within the press itself, including the Daily Mail, also conceded that serious changes were necessary. At the same time both politicians and press stressed the importance of protecting the freedom of the press and preventing undue government interference. Starting with both these pre‐requisites in mind—the creation of a new independent system and the protection of press freedom—this essay suggests four possible models of reform. For each model the essay sketches the basic parameters of reform and then suggests three problems associated with each. It argues against those who claim that anything more than small changes to the status quo would be too costly, would threaten press freedom, or would be technologically impractical.     

优化规制:中国政府规制改革的现实选择

在西方放松规制的潮流下,中国政府规制改革应何去何从?本文首先对规制的意义进行区分和界定,并追溯美国政府规制的发展轨迹,然后结合我国的情况,提出了中国规制改革的取向--优化规制.     

国际金融监管的新趋势及其对我国的启示

随着金融全球化、网络化、集团化的发展,国际金融监管在监管目标、监管内容、监管重心、监管技术和监管的国际合作方面出现了一些新的趋势,对我国金融监管体系的构建具有重要的参考价值。