THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 IN OKLAHOMA: STATE AND FEDERAL COHABITATION

The enforcement of the SMCRA in Oklahoma has led to improvements and transformations in the coal industry, state and federal regulatory agencies and the public. The catalyst for these changes was the federal takeover of inspection and enforcement of the SMCRA in Oklahoma with the state carrying on all other mining regulatory activities from 1984 through 1987. This pattern of cohabitation differed from that in Tennessee where OSM took over all enforcement of the SMCRA or that in states that enter into cooperative agreements to provide state regulation of coal mining on federal lands within the state. Cohabitation in Oklahoma produced a new, more positive attitude toward cooperative federalism by both federal and state regulatory bodies that might serve as a model for other states with OSM maintaining state agency support for policy objectives while allowing the state reasonable decisional discretion.     

风险的制度化与制度的风险——以彩票业为例

从风险与制度的关系角度,分析了彩票业在中国的发展过程以及存在的问题。认为,彩票是国家对社会投机行为进行有序管理的制度形式,实现了国家对风险的制度化利用,达到了通过赋予娱乐行为合法性,筹集社会资金发展公益事业的目的。彩票业的兴起是中国发展市场经济的必然结果,产生的问题反映了市场经济监管体制的不完善,也说明了任何制度建设都蕴藏着潜在风险。要解决彩票发行中产生的各类问题,必须从完善和强化监管机制入手,引导和激励社会公众参与合法的娱乐活动。     

Rule omission,rule migration and the limits of financial industry power

This paper seeks to deepen our understanding of financial industry lobbying efforts that result in specific regulatory rules being dropped from the regulatory agenda, or what we call ‘rule omission’. Critically, existing research either ignores rule omission or characterizes it as the pinnacle of lobbying success. We argue that only in carefully mapping out industry preferences and tracking what happens to rules following their omission can we say something about the extent to which finance wins or loses in its effort to shape regulation. Our analysis is based on two in-depth case studies from the European Union: (1) solvency rules in the Institutions for Occupational Retirement Provision Directive (IORPP II), where rule omission does reflect a strong case of industry influence; and (2) short selling rules in the Alternative Investment Fund Managers Directive (AIFMD), a case of rule omission resulting in more stringent rules over industry activities.     

THE NEED FOR FEDERAL OVERSIGHT OF ALTERNATIVE BOND SYSTEMS UNDER SMCRA

The 1977 Surface Mining Control and Reclamation Act (SMCRA) requires mine operators to post reclamation bonds before mining begins. The Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) has approved alternative bond systems in seven states. These systems, rather than requiring bond amounts at the full cost of reclamation, require operators t o submit only a flat rate, acreage specific bond. Additional reclamation costs should be covered by a supplemental fund composed generally of permit fees, taxes, or penalties.
In many cases, alternative bond systems fail to ensure that funds will be available to reclaim coal mined land in the event of operator default, as required by SMCRA. OSMRE needs to take a more active role in oversight of existing state alternative bond systems to ensure that reclamation occurs.     

IMPLEMENTING A PROGRAM OF COOPERATIVE FEDERALISM IN SURFACE MINING POLICY

This article outlines the legislative history of the Surface Mining Control and Reclamation Act of 1977 and describes the forces that promoted a federalist arrangement of shared powers and responsibility for implementing the environmental reclamation provisions of the Act. The major components of the Act are reviewed and the Act is examined in terms of its general effectiveness in promoting reclamation as well as its contribution to the practice of American federalism and the capacity of state government to implement complex regulatory programs. The article concludes that SMCRA has had a positive impact in terms of improving state capabilities, expanding public involvement in decision making, and enhancing federal and state cooperation.     

FEDERAL-STATE RELATIONS IN THE IMPLEMENTATION OF SURFACE MINING POLICY

The federal Surface Mining Control and Reclamation Act of 1977 not only established national performance standards and permitting procedures for the coal industry, but also provided for stateprimacy. The principle of state primary is both simple and intuitively appealing: Because states do not have adequate resources to develop effective regulatory programs, the federal government would set up comprehensive procedures and criteria to guide the states in preparing their own plans. The obvious advantage of state primacy is that i t provides for flexibility in implementation.
Ultimately, state primacy is an experiment in cooperative federalism, a sharing of authority and responsibility between the states and the federal government to insure both the general welfare and sensitivity to local conditions. The history of surface mining regulation is instructive because i t points out the pitfalls and promise of cooperative federalism as well as the critical role of the courts in making state primacy work.     

The regulatory state and the UK Labour Government's re‐regulation of provision in the English National Health Service

Following its election in 1997, the UK Labour Government embarked upon a 10 year program of reform of the National Health Service (NHS). By 2005, Labour had doubled the NHS budget and dramatically transformed the shape of the Service. In England, a basic characteristic of the NHS is the organizational split between provider and commissioning agencies. In this article I argue that Labour's re‐regulation of NHS provision is a coherent representation of the influence of the “regulatory state” in restructuring arrangements between government, market, and society. The article offers an account of the regulatory state based on a discussion of five key theses: The Audit Society, Regulation Inside Government, The New Regulatory State, The British Regulatory State, and Regulatory Capitalism. The article unfolds Labour's program of reform across themes common to these accounts: the division of labor between state and society, the division of labor within the state, the formalization of previously informal controls, and the development of meta‐regulatory techniques of enforced self‐regulation. It concludes that the key themes of the regulatory state are at work in Labour's transformation of NHS provision and it offers a discussion of the implications for both scholars of regulation and the UK and European health policy literature.     

Regulation and voluntarism: A case study of governance in the making

In this article I analyze a multi‐stakeholder process of environmental regulation. By grounding the article in the literature on regulatory capitalism and governance, I follow the career of a specific legislative process: the enactment of Israel's Deposit Law on Beverage Containers, which aims to delegate the responsibility for recycling to industry. I show that one crucial result of this process was the creation of a non‐profit entity licensed to act as a compliance mechanism. This new entity enabled industry to distance itself from the responsibility of recycling, and thereby frustrated the original objective of the legislation, which was to implement the principle of “extended producer responsibility.” Furthermore, this entity, owned by commercial companies and yet acting as an environmentally friendly organization, allowed industry to promote an anti‐regulatory agenda via a “civic voice.” The study moves methodologically from considering governance as an institutional structure to analyzing the process of “governancing,” through which authoritative capacities and legal responsibilities are distributed among state and non‐state actors. Two key findings are that this process and its outcome (i) are premised on an ideology of civic voluntarism, which ultimately delegates environmental responsibilities to citizens; and (ii) facilitate an anti‐regulatory climate that serves commercial interests.     

Federal Administration of the Surface Mining Control and Reclamation Act of 1977 in Oklahoma

SMCRA, which established detailed standards for the surfacemining of coal, attempted to balance the need to increase coalproduction with safeguarding the environment. The act was basedon the principle of cooperative federalism. The states wereoffered both positive and negative inducements to assume importantroles in the design and implementation of regulatory programsconsistent with the SMCRA. Oklahomas Department of Mines (DOM)carried out the provisions of the act so poorly that the federalOffice of Surface Mining (OSM) was compelled to take over SMCRAinspection and enforcement. Other provisions of the act wereadministered by DOM, which found itself in a condition of "cohabitation"with OSM from 1984–1987. During that time, DOM becamea stronger, technologically sophisticated agency; OSM gaineda greater appreciation of the difficulties of implementing astate program; the mining industry became reconciled to reclamationcontemporaneous with mining; and there was an increase in citizenparticipation. The return of primacy to Oklahoma may usher ina new federal relationship in surface mining regulation, withmore power shifting to the states as budget pressures reducefunds and the number of employees in OSM.     

Private regulation and global economic change: The drivers of sustainable agriculture in Brazil

What determines the uptake of private sustainability regulation in developing countries? Existing studies point to the local context as the key explanatory factor. In particular, they identify local program characteristics, industry structures, and the regulatory environment as variables influencing program uptake at the point of production. However, examining two very similar certification programs in Brazil's soy and sugarcane industries, this article finds that local conditions fail to account for the observed patterns. A “local explanation” would have predicted similar levels of industry uptake in the two sectors. Conversely, it is found that Brazil's soy producers first backed but then opposed private sustainability regulation, whereas in the sugarcane sector the dynamic was exactly the opposite. Through an in‐depth analysis and cross‐case comparison this article reveals how changing transnational conditions were decisive in shaping these outcomes. Specifically, shifting end markets exposed the two sectors to different economic and regulatory pressures.     

Regulatory mobilization and service delivery at the edge of the regulatory state

Where there is weak state capacity to carry out regulatory, redistributional, and developmental functions characterizing much of the developing world, the role of governance and service delivery is also performed by a myriad of private actors. Institutional reform in the utility sector in developing countries has often failed to distinguish between social and economic regulation. I show how private actors like NGOs and local community groups undertake what I term “regulatory mobilization” to influence the new rules of the service delivery game, as well as to deliver much‐needed basic services to urban poor communities. Based on extensive fieldwork carried out in the Philippines, this article reveals and explains the politics of the informal sector at the edge of the regulatory state. More than a decade since the privatization of the Metropolitan Waterworks and Sewerage System in Metro Manila in 1997, water access for the urban poor remained limited as privatized water utilities faced difficulties in extending service provision. In the context of an unpredictable regulatory landscape and an oligarchic patrimonial state, unexpected collective action by organized urban poor communities and NGOs has taken place around water as a subsistence right. Combining hybrid mobilizations to obtain water as well as influencing the rules governing their provision, these forms of regulatory mobilization appear to be peripheral and episodic. However, depending on how local and sectoral politics are conflated, such regulatory mobilization may sometimes not only result in obtaining subsistence goods, but may also occasionally project countervailing power in the policy sector, and influence formal regulatory frameworks in surprising ways.     

Complaining about rivals: Indifference,cooperation, and competition in the governance of advertising

What should rivals do when they see competitors breaking agreed rules within systems of self‐regulation? This study investigates compliant behavior among British advertisers to empirically answer this question. It analyses five years of complaints (n = 146,062) and adjudications (n = 4,832) published by the self‐regulatory body for the British advertising industry. The majority of firms adopt a strategy of indifference and rarely regulate their rivals. Highly engaged firms either adopt an angelic strategy as they use their resources to complain about their rivals; a deviant strategy as they are subject to a large number of complaints; or a predatory strategy as they attack their rivals through advertising regulation. This illustrates a unique form of regulatory capture in which a regulatory system becomes an arena of competition for some actors while continuing as a governance mechanism for others.     

India,Brazil, and public health: Rule-making through south–south diffusion in the intellectual property rights regime?

This article analyzes the domestic drivers of regulatory state formation in India and Brazil and its consequences for the global rules governing pharmaceutical patents. We first analyze Indian and Brazilian politics of regulatory state formation; then, in light of the extent to which the two countries have built regulatory capacity and capability in the field of patent regulation, we explore whether and how they have been able to influence the existing intellectual property regime in health. We look into India's Section 3(d) and Brazil's prior consent requirement. Whereas India's Section 3(d) regulation has gained international regulatory influence by diffusing to other developing countries, the same cannot be said for Brazil's prior consent regulation, which has been caught by policy-reversals. The transition toward regulatory states in emerging countries is a bulky road and does not progress in linear ways. However, once regulatory capacity and capability have been solidified, domestic policy innovations can become internationally influential.     

GOVERNMENT STRUCTURAL POLICIES AND THE AUTOMOBILE INDUSTRY

Structural policy has two elements: rules of competition and concentration in the marketplace, and deliberate attempts to structure industrial sectors. Historically, Europe, Japan, and the U.S. have pursued quite dissimilar structural policies, reflecting their differing perceptions of the national interest, different international imperatives, and different conceptions of the role of the state. The automobile industry offers sharp cross-country comparisons of structural policy at i t s most vigorous. In this paper, the successes and failures of U.S. antitrust activity toward the automobile industry are considered in comparison to the relative absence of such policies abroad. Similarly, governments' attempts to develop internationally competitive automobile industries in Europe and Japan contrast with the domestic regulatory orientation in the U.S. This historical analysis suggests the current need for reorientations in national structural policies in order to deal effectively with internationalized markets, firms, and competition in the automobile and other industries today.     

The Politics of ‘Third Country Equivalence’ in Post-Crisis Financial Services Regulation in the European Union

After the global financial crisis, the European Union has adopted a new regulatory approach towards foreign countries by making use of equivalence rules in finance. Why? This paper argues that it is the EU’s attempt to restore financial stability in its territory and maintain the competitiveness of its financial industry. However, this ‘old’ dilemma between stability and competition in financial regulation is further complicated in a regional jurisdiction, such as the EU, because different regulatory paradigms play off in the dilemma.     

论北洋军阀统治时期熊希龄的国家结构观

在袁世凯统治时期,熊希龄曾入主内阁,在地方制度上提出采行单一制国家结构、实行中央集权的施政纲领,对袁世凯加强中央集权统治起到了推波助澜的作用.1917年至1926年,他改变立场,极力主张联邦制,20年代还汲汲于实际活动.熊希龄思想的变化具有复杂的背景和深刻的根源,典型地反映了立宪党人的政治见解和政治性格.     

Top‐Down Self‐Organization: State Logics,Substitutional Delegation,and Private Governance in Russia

This study investigates the counterintuitive emergence of self‐regulation in the Russian construction sector. Despite its proclivity for centralizing political authority, the government acted as the catalyst for the delegation of regulatory powers to private industry groups. The article argues that a factor little considered in extant literature—namely, a weak and corrupt bureaucracy—is key to explaining why the normally control‐oriented executive branch began to promote private governance despite industry's preference for continued state regulation. The article's signal contribution is to theoretically explain and empirically demonstrate how a government's prior inability to establish intrastate control over an ineffective and bribable public bureaucracy creates incentives for political authorities to search for alternative means for policy implementation outside of existing state agencies. These findings are important for understanding the impetus and logic behind particular regulatory shifts in countries where the state apparatus is both deficient and corrupt.     

The new Korean political economy: beyond the models of capitalism debate

Abstract

A key theme within the literature on the evolution of the Korean political economy since the 1997/8 crisis has been the extent to which Korea remains a ‘developmental state’ or has pursued radical neoliberal reform. These debates have not only reflected a concern with understanding the Korean economy but with a wider set of questions relating to the future of capitalist diversity within a globalized economy. By the late 1980s Korea had come to be regarded as a model of successful state-led late capitalist development. Korean modern economic history has insured that questions relating to the extent that it has pursued neoliberal reform have been of keen interest to students of political economy globally. This paper argues that substantive neoliberal reform has taken place in Korea since 1997. The thesis that a new ‘developmental state’ is in process of consolidating itself is simply wrong. However, the state's reform program interacted with material conditions and political coalitions at the meso level in a complex and uneven manner. In certain critical sectors, such as finance, a neoliberal regulatory regime has been consolidated. In others, such as telecommunications, developmentalist regulatory structures have proven to be highly resilient. In order to fully understand the complexity of the contemporary Korean political economy it is necessary, therefore, to prioritize the importance of meso-level analysis.     

The Substitution Approach To Intergovernmental Relations: The Case Of OSHA

Federal legislation of the last two decades has substantiallyreduced state autonomy in dealing with many regulatory issues.Participation in the implementation of these federal programsmay, however, enable states to exert some leverage over policyoutcomes. Variations in state leverage no doubt exist from oneintergovernmental grant program to the next. Substitution authoritymay be one variable accounting for this variation. Under a substitutionapproach, a federal agency cannot only sever the flow of fundsto a grantee; it can also step in and operate a program if statesfail to meet expectations or choose not to participate. Thisarticle generates more basic propositions about the substitutionapproach by analyzing its implementation under the OccupationalSafety and Health Act of 1970. The article examines the roleplayed by substitution authority in motivating the OccupationalSafety and Health Administration (OSHA) to adopt an aggressiveposture toward the states. The article then assesses whetherOSHA's aggressiveness prompted state grantees to exert considerableeffort on behalf of program goals. Finally, the implicationsof current reform proposals, which call for a sorting out offunctions between the states and the federal government, receiveattention.     

The status of OSHA reform: A comment on mendeloff's proposals

Since its inception, the Occupational Safety and Health Administration (OSHA) has been the target of regulatory reform proposals. OSHA has attracted this continued critical attention both because of inadequacies in the design of OSHA regulation and shortcomings in its implementation. John Mendeloff's critique and program of reform for OSHA focus primarily on inadequacies in the structure of OSHA policy rather than its implementation. Within that class of issues, Mendeloff provides a thoughtful analysis of OSHA policy. His regulatory proposals also address what appear to be the principal shortcomings of OSHA. However, the specific aspects of his proposal raise new problems with respect to the stability of regulatory policy and its unintended role in establishing barriers to entry in industry.