Numbers in regulatory intermediation: Exploring the role of performance measurement between legitimacy and compliance

Much regulatory intermediation has come to entail forms of calculation and performance measurement. In this paper we analyze the role of performance measurement in regulatory intermediation in a transnational multistakeholder setting where intermediation lacks an official mandate. We do this through a study of the Access to Medicine Index, which ranks pharmaceutical companies in terms of their access to medicine policies and practices in developing countries. We conceptualize multistakeholder intermediaries as “second order rulemakers” reconciling diverse and often competing implicit and explicit rules across the governance field. We then detail various intermediation roles of performance measurement between attaining input and output legitimacy and enticing compliance among targets. Our case demonstrates how the selective formalization of measurement processes and the related ability to move back and forth from the role of intermediary to that of “ad hoc rulemaker” are important conditions for achieving and maintaining legitimacy. Furthermore, it shows that for multistakeholder intermediaries that rely on performance measurement, compliance by targets depends on the uptake of performance information by powerful constituencies. This illustrates how addressing legitimacy concerns and enticing compliance through performance measurement should be examined as co‐emerging processes.     

Public orchestration,social networks,and transnational environmental governance: Lessons from the aviation industry

This article contributes to current debates on the potential and limitations of transnational environmental governance, addressing in particular the issue of how private and public regulation compete and/or reinforce each other – and with what results. One of the most influential approaches to emerge in recent years has been that of “orchestration.” But while recent discussions have focused on a narrow interpretation of orchestration as intermediation, we argue that there is analytical traction in studying orchestration as a combination of directive and facilitative tools. We also argue that a social network analytical perspective on orchestration can improve our understanding of how governments and international organizations can shape transnational environmental governance. Through a case study of aviation, we provide two contributions to these debates: first, we propose four analytical factors that facilitate the possible emergence of orchestration (issue visibility, interest alignment, issue scope, and regulatory fragmentation and uncertainty); and second, we argue that orchestrators are more likely to succeed when they employ two strategies: (i) they use a combination of directive and facilitative instruments, including the provision of feasible incentives for industry actors to change their behavior, backed up by regulation or a credible regulatory threat; and (ii) they are robustly embedded in, and involved in the formation of, the relevant transnational networks of actors and institutions that provide the infrastructure of governance. © 2017 JohnWiley & Sons Australia, Ltd     

Regulating finance after the crisis: Unveiling the different dynamics of the regulatory process

It is now widely recognized that regulatory failures contributed to the onset of the global financial crisis. Redressing such failures has, thus, been a key policy priority in the post‐crisis reform agenda at both the domestic and international levels. This special issue investigates the process of post‐crisis financial regulatory reform in a number of crucial issue areas, including the rules and arrangements that govern financial supervision, offshore financial centers and shadow banking, the financial industry's involvement in global regulatory processes, and macroeconomic modeling. In so doing, the main purpose of this special issue is to shed light on an often understudied aspect in regulation literature: the variation in the dynamics of regulatory change. Contributors examine the different dynamics of regulatory change observed post‐crisis and explain variations by accounting for the interaction between institutional factors, on the one hand, and the activity of change agents and veto players involved in the regulatory reform process, on the other.     

Anatomy of agency capture: An organizational typology for diagnosing and remedying capture

Recent crises and disasters in regulated industries have renewed scholarly attention to regulatory capture. The present research incorporates and builds on these efforts by creating a typology to help researchers and practitioners organize the capture literature. The typology has two dimensions: the degree of coordination within the regulated industry, the agents of capture; and the scope of capture within the agency and elected officials, the targets of capture. I illustrate the utility of the typology by using a case study of banking regulation before the 2008 global financial crisis. The case study uses process‐tracing methodology to weigh evidence about the role and scope of capture in creating the crisis. The contributions of this research are twofold. First, for capture theory, the typology assists in organizing the disparate, multidisciplinary research on capture mechanisms and remedies. Second, for practice, this organization can lead to more accurate diagnoses about the scope of capture and suggest appropriately tailored remedies.     

Between regulatory field structuring and organizational roles: Intermediation in the field of sustainable urban development

Recent contributions in the domains of governance and regulation elucidate the importance of rule‐intermediation (RI), the role that organizations adopt to bridge actors with regulatory or “rulemaking” roles and those with target or “rule‐taking” roles. Intermediation not only enables the diffusion and translation of regulatory norms, but also allows for the representation of different actors in policymaking arenas. While prior studies have explored the roles that such RIs adopt to facilitate their intermediation functions, we have yet to consider how field‐level structuring processes influence (and are influenced by) the various and changing roles adopted by RI. In this study we focus on the mutually constitutive relations between field‐level change processes and the evolving roles of RIs by studying the rise of the International Council for Local Environmental Initiatives (ICLEI)/Local Governments for Sustainability, an RI serving as a bridge for sustainable urban development policies between the United Nations and local authorities. Using ICLEI as an illustrative case, we theorize four different processes of regulatory field structuration: problematization, role specialization, marketization, and orchestrated decentralization. We discuss their implications for RI roles in the field and further theorize the changing dynamics of trickle‐up intermediation processes as an RI gains power and influence.     

The Formal Delegation of Regulatory Decisions in the Telecommunication Sector: An Explanation Using Classification Trees

Research on regulation has traditionally focused on studying the delegation of regulatory competencies from political principals to an independent regulatory agency. In this article, we argue that this delegation is nuanced by different factors that affect whether a specific regulatory decision is formally delegated. We examine and explain formal delegation patterns at the level of individual regulatory decisions in twelve countries located in Europe, Latin America, and South Asia. The data were gathered by coding the twelve countries' telecommunications legislation. The data analysis was undertaken using a classification tree model—a nonparametric model. We found that the maturity of the market has the greatest effect on the formal delegation of regulatory decisions, but this effect is also influenced by the other theoretical factors considered, particularly the level of political constraints and the type of regulation.     

Regulatory intermediaries and value conflicts in policy implementation: Religious organizations and life-and-death policies in Belgium

This article makes important contributions to governance research by studying the implementation of policies with high potential for goal incongruence between intermediaries and regulators. Building on a regulatory intermediation framework and prevailing theories from organizational institutionalism, we propose an original typology that classifies intermediaries' strategies for coping with challenging regulations. Furthermore, we explain the choice of these strategies based on intermediaries' value systems, the degree of interdependency with the regulator, and policy ambiguity. The empirical strategy is based on the case of Catholic, Protestant, and Muslim religious organizations engaged in the implementation of abortion and euthanasia policies in Belgium. These latter constitute a typical case of policy implementation that prompts value conflicts between permissive official regulations and intermediaries' conservative values on life-and-death issues.     

Modes of regulatory governance: A political economy perspective

This article introduces the special issue by presenting a framework for the study of regulatory politics using the analytical tools and approaches of comparative political economy. Having traced the evolution of studies on regulation, it argues that scholars should pay more attention to the systemic features affecting regulation and to the relationship between regulatory policies and their outcomes. The article presents the foundations of an analytical framework based on the “regulatory policy process,” a comprehensive approach that links inputs, outputs, and outcomes. The review of the contributions to this special issue shows that regulatory regimes can be better understood by placing them within the broader political economy of a state or region. A renewed focus on regulatory outcomes can help foresee what one should expect from the impact of a certain regulatory regime on a political‐economic system.     

Understanding the rise of the regulatory state of the South*

This paper, and the special issue it introduces, explores whether, and how, the rise of the regulatory state of the South, and its implications for processes of governance, are distinct from cases in the North. With the exception of a small but growing body of work on Latin America, most work on the regulatory state deals with the US or Europe, or takes a relatively undifferentiated “legal transplant” approach to the developing world. We use the term “the South” to invoke shared histories of many countries, rather than as a geographic delimiter, even while acknowledging continued and growing diversity among these countries, particularly in their engagement with globalization. We suggest that three aspects of this common context are important in characterizing the rise of the regulatory state of the South. The first contextual element is the presence of powerful external pressures, especially from international financial institutions, to adopt the institutional innovation of regulatory agencies in infrastructure sectors. The result is often an incomplete engagement with and insufficient embedding of regulatory agencies within local political and institutional context. A second is the greater intensity of redistributive politics in settings where infrastructure services are of extremely poor quality and often non‐existent. The resultant politics of distribution draws in other actors, such as the courts and civil society; regulation is too important to be left to the regulators. The third theme is that of limited state capacity, which we suggest has both “thin” and “thick” dimensions. Thin state capacity issues include prosaic concerns of budget, personnel and training; thick issues address the growing pressures on the state to manage multiple forms of engagement with diverse stakeholders in order to balance competing concerns of growth, efficiency and redistribution. These three themes provide a framework for this special issue, and for the case studies that follow. We focus on regulatory agencies in infrastructure sectors (water, electricity and telecoms) as a particular expression of the regulatory state, though we acknowledge that the two are by no means synonymous. The case studies are drawn from India, Colombia, Brazil, and the Philippines, and engage with one or more of these contextual elements. The intent is to draw out common themes that characterize a “regulatory state of the South,” while remaining sensitive to the variations in level of economic development and political institutional contexts within “the South.”     

Personal transformation in multistakeholder environmental partnerships

This paper examines some of the secondary or indirect consequences of multistakeholder collaborative processes in the environmental arena. Its thesis is that such collaborative processes constitute fertile ground for participating actors to experience change in their subjective understandings of and relationships to each other, themselves, and environmental action. This exposition draws upon ethnographic research performed with a U.S.-based multistakeholder environmental partnership over a two year period in 1997–1998 as well as a theoretical perspective conceptualizing these personal transformations in terms of social learning, cultural production, and identity formation. Three main findings are explored that support the proposed thesis. The first concerns contributions toward personal transformation made by typical partnership structures and operations. The second pertains to the existence of a commonly shared belief among partnership participants demonstrating an expectation for such changes. The third involves evidence that such transformations actually do take place. Examples from the case study include changes to participants understandings of other environmental stakeholders, the development of new relationships among participating actors, the adoption of new ways of approaching environmental problem solving and decision making, and the formation of altered identities. The paper explores some of the implications, both positive and negative, that this transformative quality of multistakeholder environmental partnerships has for both environmental problem solving and some of the enduring conflicts that have impeded satisfying environmental action in the past. Finally, recommendations are made for how practitioners may organize, manage, and evaluate multistakeholder partnerships to promote such changes.     

Explaining variations in enforcement strategy: A comparison of the Swedish health care,eldercare, and compulsory school sector

This article analyzes whether, and if so, why, national inspectorates adopt different enforcement strategies when controlling the provision of welfare services, such as health care, eldercare, and the compulsory school. The findings show that the Swedish Schools Inspectorate uses a predominantly strict strategy, while the Health and Social Care Inspectorate relies on a more situational strategy. To explain this variation in enforcement strategy, the article tests four hypotheses derived from the literature on regulatory enforcement. The findings suggest that the variation between the agencies is not primarily the result of differences in resources or the authority to issue punitive decisions, as suggested by previous research. Instead, we find support for the hypothesis that the definition of quality can explain variation in adopted strategies, and partial support for the hypothesis that differences in regulatory mission can account for a variation in the agencies' formal enforcement strategies.     

Regulating business or policing crime? Tracing the policy convergence between taxation and crime control at the local level

Policing is commonly associated with street‐level crime, whereas regulation is instead associated with the complexities of business and market governance. However, this distinction has been questioned by recent research and it seems that the worlds of regulation and policing are tending to merge. Still, little is known about how this convergence is unfolding. By following the intersection of two international policy‐level processes – the financialization of organized crime and the upgraded monitoring of tax evasion – down to the level of organizational practice in the Swedish restaurant trade, this article contributes to an understanding of the institutional dynamic behind the recent convergence. At the same time, it discusses the conceptual relationship between policing and regulation, and the counter‐arguments that may be needed to overcome the distinction between the two. I specifically address the neglected issue of the differential social valuation of “crime” and “business,” and find that it is relativized by a common focus on unreported transactions.     

The European regulation of corporate social responsibility: The role of beneficiaries' intermediaries

Intended beneficiaries have an undeniable relevance to regulation. However, current research has focused mainly on the two‐party relationship between rulemaking and rule‐taking. We attempt to fill this gap by exploring the formal and informal roles that beneficiaries’ intermediaries played in co‐creating European Corporate Social Responsibility (CSR) rules and associated practices between 2000 and 2017. By linking recent conceptualizations of regulatory intermediaries with the literature on critical political CSR, we offer a more dynamic and contextualized understanding of the roles of beneficiaries’ intermediaries. Specifically, we identify six micro‐dynamics through which they influenced the regulatory process. Notably, our findings highlight how the convergence of interests between three groups of beneficiaries’ intermediaries – the Non‐governmental organization–Investor–Union nexus – had a key role in reshaping CSR rules. We conclude that, in the European context, stronger and better‐coordinated beneficiaries’ intermediaries are crucial in order to achieve more effective corporate conduct regulation.     

Agenda‐Setting at the Energy‐Water Nexus: Constructing and Maintaining a Policy Monopoly in U.S. Hydraulic Fracturing Regulation

Despite calls to increase federal oversight of hydraulic fracturing (HF), the U.S. Congress has maintained a regulatory system in which environmental regulatory authority is devolved to the states. We argue that this system is characterized by a long‐standing “policy monopoly”: a form of stability in policy agenda‐setting in which a specific manner of framing and regulating a policy issue becomes hegemonic. Integrating theories on agenda‐setting and environmental discourse analysis, we develop a nuanced conceptualization of policy monopoly that emphasizes the significance of regulatory history, public perceptions, industry–government relations, and environmental “storylines.” We evaluate how a policy monopoly in U.S. HF regulation has been constructed and maintained through a historical analysis of oil and gas regulation and a discourse analysis of eleven select congressional energy committee hearings. This research extends scholarship on agenda‐setting by better illuminating the importance of political economic and geographic factors shaping regulatory agendas and outcomes.     

Subnational political regimes and formal economic regulation: Evidence from Russian regions

The paper contributes to the studies of effects of political regimes on public policies by looking at a previously unexplored aspect of this issue: the propensity of political regimes to create vast and extensive formal regulation. To study this topic, it applies subnational comparative method and uses a dataset of subnational regions of Russia, which provides a unique opportunity for a large-N investigation of the research question because of substantial variation of regional political regimes and regulatory environments and because of availability of a proxy for comparing the use of formal regulation across regions. The paper shows that more competitive regimes are more likely to expand the formal law than less competitive ones; however, the implications of this expansion of formal law for the economy are ambiguous.     

Going Nordic—Can the Nordic model tackle grand challenges and be a beacon to follow?

Nordic countries are known for having extensive welfare services, a highly compressed wage structure owing to strong social partners, as well as effective regulation and governance in public administration. Various typologies capture aspects of the institutional features of families of nations across various policy areas, showing that there is a specific Nordic variant of political economy. While there is an extensive literature focusing on socio-economic outcomes in the Nordic countries, there is less scholarly focus on the linkages between the regulatory processes, and their policy output, in response to various challenges. This volume examines how exogenous challenges (market liberalization promoted by EU integration and the gig economy, as well as the COVID-19 pandemic) and endogenous challenges in the welfare state (regulation of child-care quality and retirement ages) are tackled in a selection of Nordic countries. After a bibliometric analysis on the state of the literature, features of the Nordic model are presented. Then, the contributions of the articles to the special issue are summarized, after which lessons for other models of political economy are pinpointed. We find that although there is high variation within the Nordics in the studies of the special issue, there is a trend whereby, over time, a broader range of actors involved in the policy and regulatory process. Although not perfect, challenges are solved incrementally and often at an early stage. In other words, the Nordic regulatory model is highly adaptable to different challenges. Thus, the Nordic model does present crucial lessons for other types of political economy.     

The ratio of vision to data: Promoting emergent science and technologies through promissory regulation,the case of the FDA and personalised medicine

Pharmacogenetic tests provide genetic data to tailor drug treatment and were widely predicted to be one of the first fruits of the Human Genome Project. In the mid-2000s, the US Food and Drugs Administration (FDA) became an advocate for pharmacogenetic testing, but its efforts to build a market for this new technology brought the agency into dispute with other regulatory actors over the type of evidence needed for the adoption of pharmacogenetic testing, in particular the importance of randomized control trials. The warfarin case highlights the tension between a new form of promissory regulation driven by future expectations and FDA's established role as protector of public health; and the controversy can be conceptualized as a struggle over regulatory epistemologies within a complex polycentric regulatory space. Our case study addresses two themes central to the burgeoning scholarship on the governance of emergent science and technologies (EST): the political economy of regulation, in particular the role that regulators play in creating markets for EST; and the epistemological politics of regulatory science, in particular the controversy that arises when regulators modify scientific standards to accommodate EST. Linking these two themes is the concept of promissory regulation: the idea that regulatory policy may be shaped by an institutional commitment to the transformational potential of EST. This concept sheds new light on the neo-mercantilist nature of contemporary regulatory capitalism.     

Abstracts section

The theme of poverty eradication is now again at the top of the development policy agenda. In November 2000 the UK Department for International Development (DfID) published an important White Paper on International Development with the title Eliminating world poverty: a challenge for the 21st century. The World Bank World Development Report for 2000/2001 also takes poverty as its theme with the title Attacking poverty. It is interesting to note that the World Bank has bracketed the decade of the 1990s with the 1990 World Development Report simply entitled Poverty. After many conflicting theories of economic development, the basic problem of poverty in developing countries is now being addressed in a much more holistic way, as is exemplified in the following articles. It should be noted that two of these act as introductory articles to a special issue of a journal on this topic. The article by Lustig and Stern introduces the December 2000 issue of Finance and Development whose overall title is ‘How we can help the poor’ and the article by Baulch and Hoddinott introduces the August 2000 issue of the Journal of Development Studies entitled ‘Economic mobility and poverty dynamics in developing countries’. These special issues contain articles on poverty in addition to the ones abstracted here. Copyright © 2001 John Wiley & Sons, Ltd.     

Information Symmetry in U.S. Financial Market Regulation: A Community of Practice

ABSTRACT

In the last decade, regulation of the financial markets in the United States has received significant attention. In particular, the formal structures responsible for regulating the financial markets have come under heavy criticism. While we may emphasize the role that formal structures play in controlling behavior, informal structures play an important role too. This study examines an informal structure in financial market regulation. Using social network and interview data, this study defines and investigates the role of a community of practice among leaders involved in regulating the financial markets. The analysis empirically defines the characteristics of this community of practice and reveals that this informal structure serves as an information symmetricizer in this regulatory setting. Implications of information symmetry include both positive and negative consequences.     

Social Policy by Other Means: Theorizing Unconventional Forms of Welfare Production

Abstract

The goal of this special issue is to highlight the importance of unconventional social policies, theorize their development in comparison with traditional welfare state accounts and outline a new research agenda. In this introduction to the special issue, the editors present the concept of social policy by other means as encompassing two kinds of unconventional social policy (from the point of view of mainstream comparative research): First, functional equivalents to formal systems of social protection and, second, non-state provision of benefits. The concept builds upon a sizeable, but fragmented literature in comparative welfare state research. While numerous examples demonstrate that social policy by other means is more pervasive in both OECD and non-OECD countries than often acknowledged, a brief survey of the top 20 articles in the field reveals that this fact is not sufficiently reflected in the academic literature. With reference to both existing studies and the contributions to this special issue, the editors go on to explore (1) the different forms of social policy by other means, (2) explanatory theories and (3) their effectiveness in terms of social outcomes. They close by outlining a research agenda.