Technocracy,democracy, and public policy: An evaluation of public participation in retrospective regulatory review

Retrospective review of existing regulations is an increasingly common aspect of the regulatory policy cycle. As with prospective regulatory policymaking, public participation is a central feature of many retrospective review initiatives. Despite its theoretical and practical significance, participation in retrospective review has received little scholarly attention. This paper presents the first systematic assessment of participation in United States retrospective regulatory review. Utilizing content analysis of an original dataset of government documents and public input produced pursuant to Executive Orders 13563, 13579, and 13610, the paper analyzes participatory institutional design, the level and composition of participants, and participation processes. The results suggest that retrospective review participation processes largely reflected the modes of stakeholder outreach and engagement employed in prospective regulatory policymaking, but resulted in comparatively low levels of participation. Consistent with the purposes enumerated in the executive orders, participation processes facilitated information exchange and were relatively representative of and responsive to stakeholders.     

Assessing the role of regulatory quality,favouritism, administrative requirement and licencing restriction in curtailing carbon emissions

The urgent need to achieve the Paris Agreement has compelled countries to set mitigation targets to curtail carbon emissions. Notwithstanding, stakeholders' effort to implement emission-reduction policies is often constrained by institutional challenges. This study provides new evidence about the dynamic relationship between institutional quality and carbon emissions in 63 industrialised economies. Using a reduced-form energy emission model and the system GMM technique, we exploit four institutional quality measures—favouritism, administrative requirement, licencing restriction and regulatory quality—and analyse their impact on carbon emissions. The results show that institutions play a fundamental role in mitigating carbon emissions. However, the abatement effect depends on the regulatory quality, the extent of favouritism, licencing restrictions and administrative requirements. Our findings reveal that stringent regulations such as licencing restrictions reduce carbon emissions in the short and long run. Administrative requirement such as emission reporting inhibits carbon emission in the short and long run, whereas favouritism worsens it. The results are robust to alternative model specifications. The findings from this study highlight the need for policymakers to pay close attention to favouritism, as it tends to reduce the effectiveness of emission policy regulations. Additionally, we argue for the need for stringent administrative requirements given its critical role in internalising carbon emission intensity in industrialised economies.     

RegData: A numerical database on industry‐specific regulations for all United States industries and federal regulations, 1997–2012

We introduce RegData, formerly known as the Industry‐specific Regulatory Constraint Database. RegData annually quantifies federal regulations by industry and regulatory agency for all federal regulations from 1997–2012. The quantification of regulations at the industry level for all industries is without precedent. RegData measures regulation for industries at the two, three, and four‐digit levels of the North American Industry Classification System. We created this database using text analysis to count binding constraints in the wording of regulations, as codified in the Code of Federal Regulations, and to measure the applicability of regulatory text to different industries. We validate our measures of regulation by examining known episodes of regulatory growth and deregulation, as well as by comparing our measures to an existing, cross‐sectional measure of regulation. Researchers can use this database to study the determinants of industry regulations and to study regulations’ effects on a massive array of dependent variables, both across industries and time.     

Information, Interests, and Environmental Regulation

This study contributes to the understanding of informational approaches to bringing about compliance with environmental regulations with particular attention to differences in the influence of information provided by different information sources. Based on theorizing from a combination of information processing and interest group literatures, we develop hypotheses about regulatees' reliance upon and the influence of different sources of information. We test these hypotheses for Danish farmers' compliance with agro-environmental rules. Our findings show that information plays a role in bringing about regulatory compliance, but its influence is not as strong and is less direct than might be thought to be the case. In addition, we show that not all information sources have the same influence. The findings demonstrate that interest groups have important roles in information provision and legitimization of policies that have often been assumed in the literature but have rarely been empirically examined.     

The Regulation Dilemma: Cooperation and Conflict in Environmental Governance

Across the United States and around the world, businesses have joined voluntary governmental and nongovernmental environmental regulations. Such codes often require firms to establish internal environmental management systems to improve their environmental performance and regulatory compliance. Meanwhile, governments have been offering incentives to businesses that self-police their regulatory compliance and promptly report and correct violations. This article examines how governmental regulatory enforcement can influence firms' compliance with mandatory and voluntary regulations. Cooperative regulatory enforcement—in which firms self-police their environmental operations and governments provide regulatory relief for voluntarily disclosed violations—yields optimal win–win outcomes, but only when both sides cooperate. If firms are likely to evade compliance, governments are better off adopting a deterrence approach. If governments insist on rigidly interpreting and enforcing laws, firms may have incentives to evade regulations and not voluntary codes. Cooperation is possible through credible signals between firms and government.     

Agencies’ formal independence and credible commitment in the Latin American regulatory state: A comparative analysis of 8 countries and 13 sectors

This article tests functional and institutional explanations for the different levels of formal independence of regulatory agencies in Latin America. The analysis is grounded in an original database of the formal independence level of 104 regulators in 8 countries and 13 regulatory sectors. The results challenge a central claim of the credible commitment hypothesis as they indicate that privatization is not a significant determinant of agency independence nor are utility regulators more likely to be independent than other economic regulators. Veto players are positively correlated with formal independence, indicating that in developing countries they operate together as credibility‐enhancing mechanisms, rather than as functional equivalents, as previous studies on developed countries have shown. Democratization is positively correlated with formal independence, whereas trade opening and vulnerability to international pressures has no significant impact. Hence, this article enhances the understanding of the delegation of regulatory powers to formally independent agencies in developing countries.     

Regulating Lobbyists: A Comparative Analysis of the United States, Canada, Germany and the European Union

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation.     

Is cooperation the answer? Canadian environmental enforcement in comparative context

In recent years, a number of authors have been critical of the adversarial U.S. “regulatory style,” and have expressed interest in more cooperative regulatory approaches common in Western Europe. They have argued that the inflexible, deterrence-based approach that has characterized enforcement of U.S. health, safety, and environmental laws is not only inefficient in treating minor and significant violations equally, but counterproductive in fostering antagonistic relationships between regulators and the regulated. This article examines the effectiveness of the cooperative Canadian approach to enforcement of environmental regulations, using the pulp and paper industry as a case study. The resulting levels of compliance are compared with rates of compliance in the United States for the same industry. Significantly lower rates of compliance in Canada cast doubt on the growing consensus in favor of cooperative regulatory approaches.     

Ingredients of institutional reputations and citizen engagement with regulators

The purpose of this study is to examine the link between the reputational components of efficacy and moral reliability of institutions, and citizens' compliance with institutional recommendations. Research on bureaucratic reputations highlights the significance of positive political reputations based on credibility and legitimacy, but the impact of these components is not systematically isolated and studied. We draw insights from political psychology to move beyond a positive‐negative valence‐based approach of reputation, and highlight the different effect of efficacy and moral reliability components of reputation on citizens' cooperation, engagement in water saving activities, and levels of complaints. We use the Cypriot Water Authority as a case study and inquire how its institutional reputation influences Cypriot citizens' behavior regarding water use. Our data was collected via a representative national survey administered to a random sample of 800 Cypriots in the spring of 2009 and show that favorable perceptions of particular components of institutional reputation shape the levels of satisfaction with specific organizational outputs.     

Continuity,change, and priorities: The quality and use of regulatory analysis across US administrations

This paper compares the quality and use of regulatory analysis accompanying economically significant regulations proposed by US executive branch agencies in 2008, 2009, and 2010. We find that the quality of regulatory analysis is generally low, but varies widely. Budget regulations, which define how the federal government will spend money or collect revenues, have much lower‐quality analysis than other regulations. The Bush administration's “midnight” regulations finalized between Election Day and Inauguration Day, along with other regulations left for the Obama administration to finalize, tended to have lower‐quality analysis. Most differences between the Bush and Obama administrations depend on agencies' policy preferences. More conservative agencies tended to produce better analysis in the Obama administration, and more liberal agencies tended to do so in the Bush administration. This suggests that agencies more central to an administration's policy priorities do not have to produce as good an analysis to get their regulations promulgated.     

Policy coherence versus regulatory governance. Electricity reforms in Algeria and Morocco

The diffusion of independent regulatory agencies (IRAs) in utilities sectors in developing countries is underpinned by the idea that IRAs are highly effective institutional devices to signal policy credibility to private investors. But is it really so? Institutional economists tend to confirm the effectiveness of IRAs, while also highlighting the many factors that condition its positive impact on investments. Acknowledging the importance of interaction effects, this paper proposes to shift the level of analysis, moving away from IRAs to look at the overall complementarity between policy objectives, instruments, and the wider political context. In sum, it argues that IRAs are, as such, irrelevant. What matters instead is policy coherence. A comparison between two case studies on electricity policy reforms in Algeria and Morocco lends credit to the policy coherence approach. It shows that policy incoherence may deprive IRAs from any impact on sectoral evolution and that there are effective alternatives to IRA to signal policy credibility and attract investors. The paper concludes by suggesting practitioners to relax the focus on preconceived policy solutions, to be open to alternative policy approaches and to focus on helping developing countries designing coherent policies.     

Regulation‐by‐information in areas of limited statehood: Lessons from the Philippines' environmental regulation

This research examines conditions under which environmental regulatory disclosure is more versus less likely to work, with focus on the case of the Philippines. Two major findings arise out of a case study. First, we observe a mismatch between the nature of information and the main addressees of the disclosed information, which led the operation of the subject disclosure program to deviate from its targets. Second, this institutional deficiency has to do with the organizational culture and routine practice of the implementing agency. The second finding challenges a major justification of information‐based environmental regulation (IBER) administered in weak states and underscores the role that administrative capacity plays in making novel regulations come into effect. Contrary to the popular belief that IBER creates non‐governmental forces that offset a limited statehood, it may be less likely to work where state administrative capacity is weak.     

Domestic drivers of transgovernmental regulatory cooperation

Transgovernmental cooperation among domestic regulators has generated considerable interest among scholars and policymakers. While previous research has focused on describing such regulatory networks, we know very little about what drives individual jurisdictions to join them. The question of membership is important because it determines the reach of rules and standards promulgated by a given network, and because it is logically prior to understanding the rulemaking dynamic within a network. We develop a set of hypotheses that highlight the role of domestic political factors in shaping network membership. Our empirical analysis, using an original data set for transgovernmental cooperation in securities and insurance regulation, finds that the institutional form of domestic market regulation, as well as the relative domestic weight of the industry, are closely correlated with membership. All else equal, jurisdictions with independent regulatory agencies and those where the industry in question represents a large share of gross domestic product are much more likely to join the respective network than jurisdictions without these characteristics. The paper underscores the important interactions between domestic and international factors for informal cooperation, an issue that has become increasingly central to global governance.     

Stay or exit: How do international nongovernmental organizations respond to institutional pressures under authoritarianism?

International nongovernmental organizations (INGOs) are increasingly important players in global politics and development. However, they are undergoing significant adaptations as governments worldwide have instituted restrictions to regulate their activities. What explains the various ways in which they respond to these institutional pressures? In our study of INGO responses to a new restrictive law in China, we identify four strategic responses with varying levels of compliance: legal registration, provisional strategy, localization, and exit. The institutional pressures—strategic responses link is influenced by INGOs' adaptive capacity, which is in turn shaped by an organization's issue sensitivity, value-add, government ties, and reputational authority. The integrated framework we develop for INGO strategic responses can shed light on state-INGO relations in other countries, many of which are subject to increasingly stringent regulations and a closing political environment.     

To enforce or not to enforce? Judicialization,venue shopping,and global regulatory harmonization

The regulation of intellectual property rights takes place in a range of international venues. This proliferation of international venues greatly enhances the potential for venue shopping. We argue that different levels of domestic regulation and differing degrees of judicialization account for actors' preferences over institutional venues. We take into consideration two scenarios. Conceiving of judicialization as the delegation of adjudication to an independent third party and the enforcement through multilaterally authorized sanctions, we show that: (i) upward regulatory harmonization leads actors preferring weak regulatory intellectual property rights standards to strive for venues with low degrees of judicialization, whereas those favoring stringent intellectual property rights protection prefer highly judicialized venues; and (ii) downward harmonization leads to the opposite constellation of institutional preferences. We show how these expectations hold by way of in‐depth case studies of two instances of global intellectual property rights regulation: the regulation of plant genetic resources and intellectual property rights for medicines.     

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.     

Campaign‐Style Enforcement and Regulatory Compliance

This article examines the recoupling mechanism of campaign‐style enforcement and its effects on environmental regulatory compliance. Drawing on the policy implementation literature and institutional theory, the authors develop a conceptual model of campaign‐style enforcement in which both resource mobilization and power redistribution are theorized to address decoupling problems in regulatory compliance. The two‐pathway recoupling mechanism is evidenced by an empirical investigation of the implementation of China's energy conservation and emission reduction policy as part of that country's 11th Five‐Year Plan. Findings suggest that campaign‐style enforcement can effectively improve regulatory compliance when it addresses the efficiency/legitimacy conflict by providing policy incentives and reorganizing a clear hierarchy of political authority. The article concludes with a discussion of the strengths and limitations of campaign‐style enforcement.     

Measuring multi‐level regulatory governance: Organizational proliferation,coordination, and concentration of influence

As regulation increasingly results from the interplay of a wide array of different actors operating at different levels, it has become crucial to focus on how these constellations of regulatory actors operate. Although this research field presents huge potential for theoretical development, we still lack the measurement techniques to allow systematic comparative research. We contribute to filling this gap with four indices measuring crucial characteristics of multi‐actor regulatory arrangements: (i) the scope of organizational proliferation; (ii) the extent of coordination between regulatory actors; (iii) the amount of influence that each individual regulatory actor has on the sector regulation; and (iv) the extent to which the regulatory influence is concentrated in the hands of one or a few actors. We argue that our indices are sufficiently systematic, reliable, and flexible to be applied in a variety of research contexts relating to multi‐level and multi‐actor regulatory governance.     

Regulatory reform in the era of new technological development: The role of organizational factors in the public sector

What is the role of organizational factors in fostering regulatory reform in response to new technological development? Existing studies provide useful frameworks to understand regulatory reform in rapidly changing circumstances but still lack a systematic analysis of how organizational factors affect regulatory reform in the public sector. To fill this gap, we examine the impact of several institutional elements that are central to defining organizational characteristics, such as job tasks, bureaucratic autonomy, and organizational culture. We theorize that regulatory reform is more likely when public sector organizations are more receptive to external changes, which are determined by these characteristics. We leverage original surveys from over 1,000 civil servants in Korea, one of the front runners in new technological development, and find support for our prediction. We find that the implementation of regulatory reforms is more likely when (i) organizational tasks are relevant to scientific and technological development, (ii) higher levels of bureaucratic autonomy are granted, (iii) agency heads demonstrate stronger leadership, and (iv) organizational culture is less authoritarian. Our study makes clear contributions to the literature on public management and regulation theory, and has important implications for regulatory reform in the face of new technological development.     

Regulatory policy outputs and impacts: Exploring a complex relationship

In this article, we pursue the objective of empirically testing the extent to which changes in environmental policy outputs can explain changes in environmental impacts. Previously, systematic testing of this relationship was hampered by the lack of a compelling measurement of changes in regulatory policy outputs. To remedy this, we present a novel approach to the measurement of events of regulatory output change. We illustrate our concept by employing data on changes in clean air regulations in 24 advanced democracies from 1976 to 2003. In a next step, we explore the extent to which changes in clean air regulations can account for changes in air pollutant emissions. The empirical analysis suggests that changes in clean air regulations cannot be unconditionally associated with changing intensities of air pollutant emission. We deem these results to have far‐reaching implications for the study of regulatory policy change.