The social dimension of the Single European Market: National versus transnational regulation

Abstract. Labour market regulation in the 1980s was subject to transnational pressures for deregulation, especially in the form of 'flexibilisation'. The 'Single European Market' project (SEM) promises further development in this direction. At the same time, proposals for a 'Social Charter' are meant to introduce a European level of regulation to counteract the SEM's potential destabilizing consequences. However, regulatory disputes and pressures contrary to convergence are likely to be intensified by the SEM. Still further uncertainty will be created by changes in Eastern Europe, as well as by greater opportunities for cross-border production shifts. Neoliberal and neocorporatist variants of the 'competition state' will be increasingly at odds at both state and Community level, with the future of 'social Europe' at stake. To the extent that market integration means a globalisation of the European economy, it may effectively disintegrate its component parts, dividing those which have more solid foundations for growth - the well-regulated, high pay/high productivity areas - from those which do not. The market logic of the Single European Market programme will manifestly contradict the efforts of the Community to avoid this future.     

Rent-seeking in the deregulatory environment: State telecommunications

Proponents of rent-seeking theories argue that firms pressure and reward politicians and bureaucrats to pursue favorable policies so they can achieve higher than normal, market returns. In an era of deregulation, often with long transition periods toward unregulated competition, how do firms develop specific political strategies to achieve success in rent-seeking? Deregulation of telecommunications at the state level allows comparison of the strategies of the seven firms created in the AT&T divestiture in more than one political jurisdiction. One firm, U S West, has pursued the most aggresive political strategy. This paper argues that U S West executives correctly perceived that the political environment in which they operated differed greatly from that in the rest of the country and that a different deregulatory strategy was appropriate. The firm exploited institutional differences by bypassing state regulators and going directly to state legislators to get favorable policies.     

The creation of neo-liberal corporate bias in transnational medicines control: The industrial shaping and interest dynamics of the European regulatory state

Abstract. Drawing on the political theories of corporatism, neo–liberalism and pluralism, and on comparative empirical research in Brussels, Germany, Sweden and the UK, this article conceptualises the nature of Europeanised medicines regulation. It argues that a marketisation of regulation has been established in the European Union as a result of competition between national regulatory agencies for 'regulatory business' from the pharmaceutical industry. In the pharmaceuticals sector the Europeanised regulatory state is a product of three key factors: (a) the European Commission's commitment to an 'efficiency' regime which would meet the political objectives of a single European market and the commercial agendas of transnational pharmaceutical companies, (b) the endemic corporate bias associated with medicines regulation in the most influential member states, and (c) the considerable success of neo–liberal politics across a number of major member states, including Germany, Sweden and the United Kingdom.     

Shareholder wealth effects of legislative events: The case of airline deregulation

This paper presents empirical evidence about the impact on shareholder wealth of legislative events leading to the enactment of the Airline Deregulation Act of 1978. In contrast to prior regulatory event studies, this paper examines not only the final legislative enactment but also the Congressional hearings that preceded it. No significant effect on shareholder wealth is indicated when averaged across all airline firms and all legislative events. Impact of deregulation, however, was expected to be different for trunk airlines than for local airlines. Moreover, market expectations likely changed with the change in the political climate during the course of deregulation deliberations, from an industry financial health emphasis under a Republican (Ford) administration to a consumer welfare emphasis under a Democratic (Carter) administration. We find that trunk airlines experienced significant positive abnormal returns during the Ford administration, but negative abnormal returns during the Carter administration. In contrast, local airlines exhibited significant negative abnormal returns during both the Ford and Carter eras. Systematic risk of both trunk and local airlines also increased with the change in the political climate.     

Sweden: The Fall of the Strong State

From the 1930s to the 1980s, Swedish politics was based on the assumption that social change could be accomplished through a specific political and administrative process. National politicians decided the aims of policy, government commissions of inquiry engaged experts who compiled available knowledge, Parliament turned the resulting proposal into law, a civil service agency implemented the policy and local authorities put it into effect. This rationalistic model of social steering can be called 'the strong state'. This article documents the fall of the strong state. It also argues that these changes to the output side of government have troubling im-plications for the operation of democracy. The reason is that the strong state model provided citizens with a reasonably clear idea of how public policies were – or should be – produced and implemented. As a result of the strong state's decline, the link from elections to policy is partly obscure, partly broken. The question for the future is whether the strong state will be replaced by some new model that provides the necessary focal points for debates on public policy, or whether stable norms will remain absent due to an inherently obscure division of labour within Sweden's policy-making and administrative structures.     

Reforming China's Stock Market: Institutional Change Chinese Style

In this article we examine the dual-track pricing system in China's stock market since its inauguration, a legacy of its economic transition and a major source of institutional predation in the market. We then examine the share structure reform initiated in 2005 that sought to eliminate the distortion this predation had elicited. We interpret the reform push as a process of institutional change and focus on the drivers and theoretical explanations of such changes in China's stock market. We thus advance a model for understanding institutional change, Chinese style. We argue that, initially, the institutional arrangement was constructed by the dynamics of transition – the juxtaposition of the Leninist state and the emerging stock market. This provided huge incentives for state corruption in the emerging market. As the market transition proceeded, the societal and political costs of corruption and market distortion also grew, which produced a crisis that eventually attracted the attention of powerful leaders of the party state. We argue from this case that the broader political context in which specific examples of institutional change occur needs to be examined. Specifically, we argue that powerful agents who are external to given institutional environments can play an important role in institutional change, thus highlighting the political dynamics of an authoritarian state amid systemic transition and global integration.     

The political economy of freedom, democracy and transnational terrorism

We conduct an empirical analysis of data relating measures of economic and political freedom to the occurrence of transnational terrorism 1996–2002. We use binary logistical regression models to predict the probablities that a country will experience transnational terrorist attacks and that a given terrorist originates in a particular country. We find that the extent of political rights and civil liberties is negatively related with the generation of transnational terrorists from a country, but where the former is also negatively related with the occurrence of transnational terrorism in a country, the latter exhibits a non-linear relationship. A number of alternative explanations are disconfirmed: transnational terrorism is unrelated to inequality, economic growth, education, poverty, etc., while a society's fractionalization has mixed importance, and the religious composition has no or little association with attracting or producing transnational terrorism. A more trade-oriented economy seems consistently to associate with smaller probabilities of a country experiencing and generating transnational terrorism.     

Is extreme right-wing populism contagious? Explaining the emergence of a new party family

Abstract.  This article presents a new model for explaining the emergence of the party family of extreme right-wing populist parties in Western Europe. As the old master frame of the extreme right was rendered impotent by the outcome of the Second World War, it took the innovation of a new, potent master frame before the extreme right was able to break electoral marginalization. Such a master frame – combining ethnonationalist xenophobia, based on the doctrine of ethnopluralism, with anti-political-establishment populism – evolved in the 1970s, and was made known as a successful frame in connection with the electoral breakthrough of the French Front National in 1984. This event started a process of cross-national diffusion, where embryonic extreme right-wing groups and networks elsewhere adopted the new frame. Hence, the emergence of similar parties, clustered in time (i.e., the birth of a new party family) had less to do with structural factors influencing different political systems in similar ways as with cross-national diffusion of frames. The innovation and diffusion of the new master frame was a necessary, but not a sufficient, condition for the emergence of extreme right-wing populist parties. In order to complete the model, a short list of different political opportunity structures is added.     

How the World Trade Organization shapes regulatory governance

The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The article presents what we know to date and a framework for conducting further study of such transnational legal ordering.     

Deregulation, Competitive Pressures and the Emergence of Intermodalism

Deregulation has dramatically altered the face of Australian industry and associated services throughout the last decade or so. In the transport sector, in particular, changes have been significant and deregulation has led to pervasive changes in market structure, to the actual ownership of infrastructure and to a shift in strategic focus from a public utility to one of commercial viability and market orientation. Competitive pressures in the transport sector as a result of deregulation have meant that traditional public sector organisations such as railways and ports have been transformed. A major impact of these developments has been that transport operators, in an endeavour either to maintain or capture market share, have been forced to restructure and refocus and, in the face of growing competition, have been forced to reinvent themselves and move increasingly towards the provision of an integrated intermodal service. Rail operators are now no longer simple linehaul operators in container or bulk freight markets but have become market–focused third–party service providers of a range of integrated functions.     

Deregulation and the Racial Composition of Airlines

Economic theory suggests that the enhanced product market competition of deregulation reduces employers' ability to discriminate when hiring. Recent studies of the effect of deregulation on racial employment in the naturally competitive trucking industry find that deregulation increased minority employment. This study examines the effect of deregulation on racial employment in the airline industry. Because deregulation transformed airlines from wasteful service competition to rigorous price competition, deregulation's effect on racial hiring in this continuously competitive industry is not apparent. This study finds that deregulation only modestly changed the racial composition of major airline occupations, which suggests that the change in market structure as a result of deregulation may largely determine the effect of regulatory reform on the racial composition of an industry. © 2001 by the Association for Public Policy Analysis and Management.     

Capital Blight? The Regulation of Financial Institutions in Italy and Canada

The pressures of globalization and capital flight create two sets of challenges for national state structures. They are seen fo limit the boundaries of state action, and within those boundaries, they lead to a transfer of regulatory capacity to supra and/or subnational structures. The article explores the second set of challenges and asks whether globalization has led to uniform changes in the regulatory capacity of national states in the area of financial institutions. It argues that the Italian and Canadian experiences suggest that political and institutional factors may shape how national states respond to the pressure to shift regulatory capacity to structures at some other level. In the Italian case, the emergence of a single market for banking in Europe led to a strengthening of the state's policymaking capacity. In Canada, on the other hand, the federal government's authority was limited by competition with provincial regulatory regimes. Globalization may limit the boundaries of state action, but this does not necessarily mean that those boundaries will not be occupied primarily by national state structures.     

Deregulation and Participation: An International Survey of Participation in Electricity Regulation

Amidst the wave of privatization and "deregulation" across the globe, a new set of regulatory structures is being created. The fact that deregulation actually involves "re-regulation" has been acknowledged in the recent literature, but the tension between regulation and public participation has been understudied in these new structures. While some private markets need effective regulation to reduce transactions costs and ensure stable market rules, consumers need regulation that is responsive to, and protective of, their interests. Consumer participation, therefore, is an important component of effective regulation. Effective regulation must also consider collective national or public interests, including the well-being of corporations. Therefore, regulatory agencies need to be both independent from, and responsive to corporate, consumer, and public interests. This article will briefly examine the tension among the competing goals of regulatory independence and responsiveness, and then conduct a broad survey of the status quo of public participation in national regulatory structures for electricity in the Americas. Our case studies demonstrate a wide variety of institutional mechanisms for participation, yet we find that no existing system seems to embrace direct participation by a wide set of consumers. The problems are even more acute in developing countries. We conclude by looking at recent experiments and proposals to improve the levels of participation in regulatory decision making.     

Grounding transnational business governance: A political-strategic perspective on government responses in the Global South

Recent scholarship on transnational business governance has begun to examine public-private interactions and the active role of governments. We make two key contributions that integrate and expand this literature. First, in juxtaposition to functionalist accounts, we foreground the fundamentally political and often contentious character of these interactions. As private transnational governance schemes and standards “hit the ground,” private-public interactions, we argue, are embedded in national political arenas and tied to domestic distributional struggles among competing regulatory coalitions. Building upon multiple empirical streams of research, we develop a political-strategic framework that maps the diversity of Southern government responses (substitute, adopt, repurpose, replace, or reject) to transnational private governance. Our framework shows that government responses are a function of both strategic fit with domestic industrial capabilities and structures, and strength of developmental state capacity. Second, our proposed framework adopts the vantage point of Global South governments and industries, particularly how development challenges and strategic options within global value chains affect their understanding of, and responses to, transnational schemes and standards. This is an important corrective to a Northern bias in the private governance literature.     

Regulatory Competition and the Politics of Financial Market Reform in Britain and Japan

This article examines the impact that the internationalization of jnance has had on the regulation of domestic securities markets in Japan and Britain. In particular, it seeks to explain the apparent incompatibility of two distinct trends: deregulation (and state retreat) on the one hand, and increased regulation and state involvement in markets on the other.
Much of the literature about the efects of internationalization on domestic policymaking has drfjculty explaining these two distinct regulatory frends. First, there has been no uniform "competition in regulatory laxity." Second, the United States does not appear to have exerted hegemonic influence over outcomes. Finally, domestic-level explanations which deny the importance of systemic-level influences on domestic policy choices are unable to explain the similarity of policy choices undertaken by governments with very different regulatory traditions.
I argue instead that regulatory reforms have been undertaken primarily for the benefit of a particular set of private economic actors—mobile consumers of financial services, including both holders of liquid investment capital and large multinational borrowers. Internationalization has systematically strengthened their influence over the policymaking process by making "exit" from one political marketplace to another a more realistic and more potent bargaining strategy than the alternative of exercising "voice."     

Pharmaceutical regulation in Denmark and the UK: Reformulating interest representation to the transnational level

Abstract. Common elements are recognised across Denmark and the UK in regulation of the pharmaceutical industry, which are attributed to the impact of associational action at the sector level. Our examination of arrangements for regulating medicine prices and information displays many of the hallmarks of neo-corporatism – namely negotiation with state agencies, compliance seeking among members, and policy implementation through acting as a Private Interest Government. During a period of economic internationalisation and directive international agencies, we show how business interests have reformulated to transnational levels, with associations, despite facing a greater complexity of interests to represent, having a strong impact upon regulatory outcomes. These have been neither wholly deregulatory or reregulatory, but partly reflect events at national levels. This may predict regulatory developments at the European level in other sectors.     

Winners, Losers, and Efficiency: Achieving Multiple Goals in Japan's Financial System Reforms

When giving policy advice, economists often proceed as if efficiency is the only valid social goal. Although efficiency is important, we argue that single-minded pursuit of it is counterproductive. It unnecessarily erects political hurdles to the enactment of efficiency-enhancing reforms because policy proposals that ignore valid, nonefficiency concerns are more likely to meet political and bureaucratic resistance. Moreover, such resistance may be avoided. A number of design principals can be employed to craft proposals that address political goals without abandoning efficiency. We describe three classes of principles: creative design of market mechanisms, maintenance of marginal incentives, and compensation for losers.We then illustrate their practical application in the context of Japanese financial-sector deregulation. This policy area usefully illustrates the importance of considering multiple goals in policy design. While efficiency is a frequently expressed goal, Japan's continued policy paralysis indicates that the bureaucratic and political goals of major stakeholders make the straightforward deregulation of financial markets difficult to achieve. We do not purport to resolve the entrenched barriers to economic reform in Japan, but to the extent that we identify and address valid nonefficiency goals, the conclusions of the analysis are relevant.     

Globalisation, Marketisation and Power: The Swedish Case of Institutional Change

Globalisation is often thought to threaten the autonomy of national policymaking and generous welfare policies. This article examines two decades of policy change in Sweden, often viewed as a prime example of a fully fledged welfare state. The analysis is focused on reforms within the welfare sector, which is compared with three other important areas – credit markets, the labour market, and infrastructure policy. These areas can all be seen as crucial aspects of the Swedish social democratic model.  The findings can be summarised in three parts. First, seeing the credit–market deregulation as the first phase of the internationalisation of capital in Sweden lends some support to the idea of globalisation as the result of political decisions rather than a structural change caused by technical change. Second, during the last two decades, there have been signs of marketisation of the Swedish public sector. However, this analysis does not give support to the simple hypothesis of globalisation. There are quite large variations both between and within policy areas, variations that are not easily related to international integration. Third, marketisation involves a shift in political power. An overall effect is that the government has lost some of its former direct influence. However, behind the façade of the invisible market we find the same actors as before influencing policy. Globalisation can have tremendous effects on power. Whether or not this will be the case is first and foremost the result of political decisions and individual desires.     

The IMF's Rethink of Global Banks: Critical in Theory,Orthodox in Practice

The International Monetary Fund's (IMF) new financial interconnectedness agenda, developed in response to postcrisis calls from G20 to better understand systemic financial institutions, deploys a critical approach that stresses the spatial, political, and institutional dimensions of cross‐border financial networks. It portrays global banks as key nodes in those networks, “super‐spreaders” of systemic risk through complex business models that involve yield search, regulatory and tax arbitrage. Yet this critical view does not translate into its policy advice at country level. In regular surveillance of developing countries, the IMF remains committed to a benign view of transnational banking, even when confronted with growing cross‐border fragilities. During crises of cross‐border banking, the IMF tailors its conditionality to minimize domestic regulatory challenges to cross‐border banking models and to propose crisis measures that create new profit opportunities for transnational banks.     

The political economy of regulatory change: The case of British merger control

This article aims to explain the broader evolution of British merger control. To this end it outlines a novel critical political economy perspective on regulation and regulatory change which differs from established political economy approaches, such as the regulatory capitalism/state perspectives, in three main ways: it places regulatory ideas at the heart of the analysis, it differentiates between different degrees of regulatory change, and it links regulatory change in delineated issue areas with changing power balances between fractions of capital and labor. The application of this perspective to the analysis of the evolution of British merger control provides some important new insights, most notably that the content, form, and scope of merger control in Britain have been deeply transformed in accordance with neoliberal ideas since the 1980s and that this process, which was part of a broader regulatory and ideational shift, was premised on the ascendancy of transnational capital.