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1.
    
Scholars sometimes criticize durable regulatory systems for being costly, inefficient, ineffective, and inequitable. This article reassesses regulation, arguing that a mis-categorization of types of regulatory activity has led critics astray. More specifically, the article observes that regulation “hardened” by being built into infrastructure often ceases to be seen as regulation and its benefits are therefore inappropriately omitted from assessments of regulatory accomplishments. Hardening into one or another durable form can create two important benefits: durable regulation moves some items off the agenda of regulators, conserving resources for other regulatory work; durable regulation also creates regulatory endowments, preserving key bargains struck at the time infrastructure was created and reducing future opportunities for capture. Such endowments can then become the foundation for other regulatory work. Examples from the regulation of drinking water in the United States and brief discussions of road safety and disability regulation illustrate the argument.  相似文献   

2.
    
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.”  相似文献   

3.
    
Design‐Build‐Finance‐Maintain‐Operate (DBFMO) contracts are a particular type of public‐private partnership whereby governments transfer the responsibility for the design, construction, financing, maintenance, and operation of a public infrastructure or utility service building to a multi‐headed private consortium through a long‐term performance contract. These arrangements present a typical principal‐agent problem because they incorporate a “carrot and stick” approach in which the agent (consortium) has to fulfill the expectations of the principal (procurer). This article deals with a neglected aspect in the literature related to the actual use of “the sticks or sanctions” in DBFMOs and assesses to what extent and under which conditions contract managers adopt a deterrence‐based enforcement approach or switch to a persuasion‐based approach, specifically when the contract clauses require the use of (automatic) deterrence. An empirical analysis of four DBFMOs in the Netherlands shows that the continuation of service delivery, the need to build trust, and the lack of agreement on output specifications play a role in the willingness of the procurer to apply a more responsive behavior that uses persuasion, even when deterrence should be automatically applied. © 2016 John Wiley & Sons Australia, Ltd  相似文献   

4.
    
The article contends that an important but overlooked explanation for the European Union's resilience in the past decade in the face of several existential crises has been the informal instrumental leadership roles played by EU institutional actors collaborating with each other. In this article, a theoretical framework is developed that can explain why EU governments, facing a crisis, would choose to informally delegate leadership tasks to a set of EU institutional actors. A three-part mechanism of collaborative instrumental leadership provided by institutions is devised that explains why governments informally delegate leadership tasks to EU institutions, and the effects of this informal delegation. The core of the article is a process-tracing case study that explores how collaborative instrumental leadership actually works. The case selected is the British renegotiation of their terms of membership in 2015–2016. While the case has become more-or-less forgotten because the shock ‘no’ vote in the June 2016 Brexit referendum made its terms moot, the deal included quite exceptional reform proposals in which the EU bent over backwards to accommodate the United Kingdom, perhaps even going beyond the bounds of the EU Treaties themselves in the issue of immigration. Given this, analysing how collaborative instrumental leadership supplied by institutions contributed to producing the ambitious deal can shed light on the processes whereby intractable problems in the EU have been solved in the past decade.  相似文献   

5.
Australia faces a transport infrastructure problem requiring complex policy formulation and imaginative problem solving. In opposition, Kevin Rudd committed to improving the nation's infrastructure and addressing the ‘infrastructure bottlenecks’. This task is made more urgent by the Reserve Bank's concern that the infrastructure restraints are causing inflationary pressure. In the short term however, increased Commonwealth infrastructure expenditure would add to the pressure on interest rates. Consequently, the Commonwealth must work with industry and the states on improving operational efficiency in the short term, while planning for infrastructure investments in the longer term. With the political limitations of federalism, a shortage of skilled policy advice, and ministerial inexperience, the Rudd government must set a broad agenda to guide all infrastructure stakeholders.  相似文献   

6.
Regulatory reforms to public infrastructure services across European Union (EU) countries were aimed at increasing consumer welfare by introducing competition and choice into service markets. However, empirical evaluations have questioned whether these reforms have benefitted all consumers, suggesting that vulnerable groups of service users (especially those with lower levels of formal education), might be locked into poorly performing services. We assess the relationship between the level of competition in electricity and fixed telephony markets in EU countries and evaluate the affordability of these services for different socio‐educational layers. Our findings show that – although in countries where there is a relatively high frequency of switching, inequalities between socio‐educational groups are smaller and eventually disappear – competition as such does not play a part. These results suggest that demand‐side regulation that successfully enables consumer switching has the potential to equalize social welfare, thereby reflecting a possible convergence of regulatory instruments and the central aims of the welfare state in this context.  相似文献   

7.
8.
The 2004 report Personal Responsibility and Changing Behaviour: The State of Knowledge and its Implications for Public Policy by the Prime Minister's Strategy Unit is an attempt to draw together social science literature that explains why it is difficult for governments to influence individual citizens. Underlying this is the idea that across diverse areas of policy, state provision of services often has much less impact on outcomes than does an individual's behaviour. Therefore to improve outcomes, government needs to be able to encourage 'personal responsibility'. The authors focus mainly on the role of contracts in changing behaviour in a whole range of different areas; from ASBOs and crime prevention, to home-school agreements and education policy. This report appears to underpin much of the thinking within New Labour as to future policy, and reveals how ideas of personal responsibility are likely to be key to New Labour's manifesto commitments prior to the 2005 general election.  相似文献   

9.
One of the longest‐running debates in urban development, enshrined within the evolution of the British planning system, is how best to capture the increased value of land arising from development. This article outlines the historic and contemporary context before proposing an approach towards ‘land value capture’, based on practice in continental Europe but adapted to Britain's specific circumstances. In doing so, it also sets out why new approaches are needed as part of the search for better ways of funding local infrastructure, developing mixed communities and improving Britain's suburbs for the benefit of all.  相似文献   

10.
Recent tragedies such as Hurricane Katrina, 9/11, and the 2008 Sichuan Earthquake have revealed a need for methods to evaluate and plan for the impact of extreme events on critical infrastructure. In particular, awareness has been raised of the threat that a major disruption will lead to cascading failures that cross boundaries between interdependent infrastructure sectors, greatly magnifying human and economic impacts. To assist in planning for such extreme events, researchers are developing modeling tools to aid in making decisions about how best to protect critical infrastructures. We present some of the capabilities of this modeling approach as well as some of the challenges faced in developing such applications based on our experience with the Critical Infrastructure Protection Decision Support System (CIPDSS) model, developed for use by the Department of Homeland Security. A set of disruptions to road and telecommunication infrastructures is implemented in CIPDSS and the modeled disruptions to the original infrastructure as well as cascading effects on other infrastructure sectors are discussed. These simulations provide insights into the potential of this approach.  相似文献   

11.
优化规制:中国政府规制改革的现实选择   总被引:1,自引:0,他引:1  
在西方放松规制的潮流下,中国政府规制改革应何去何从?本文首先对规制的意义进行区分和界定,并追溯美国政府规制的发展轨迹,然后结合我国的情况,提出了中国规制改革的取向--优化规制.  相似文献   

12.
    
Morality policies evince a much closer relationship to religious doctrines than is the case in other policy areas and hence constitute a most likely case for the observation of religious effects on policymaking and regulatory change. Yet we still lack generally accepted answers to the questions of whether and how religion matters to morality policy. In this paper, we present a theoretical argument that helps to overcome the seemingly contradictory expectations derived from the secularization and religion matters hypotheses. We postulate a bottleneck effect of religious opposition: while religious influence matters most during early stages of the policy process when the problem definition of a moral issue is still in flux, it diminishes during later stages when the issue has made it onto the political agenda. We find evidence of the bottleneck effect in a dataset of policy permissiveness covering 26 countries and spanning 50 years for five morality policies (abortion, euthanasia, homosexuality, pornography, and same‐sex marriage). The data is analyzed via a multilevel model and using Bayesian inference.  相似文献   

13.
    
As China is entering into the center stage of the world arena, it has become more proactive in regional and global institution-building. Globally, it has been actively involved in the G20 affairs and will be hosting the 2016 G20 Summit in Hangzhou. Regionally, it came up with a major initiative for a new institution, namely, the Asian Infrastructure Investment Bank (AIIB). This article aims to analyze the new institution's formation, goals and institutional arrangements as well as its implications.  相似文献   

14.
随着金融全球化、网络化、集团化的发展,国际金融监管在监管目标、监管内容、监管重心、监管技术和监管的国际合作方面出现了一些新的趋势,对我国金融监管体系的构建具有重要的参考价值。  相似文献   

15.
    
The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co-regulation, and legally enforced self-regulation really make regulation more effective. Using the analytical framework of the “really responsive regulation” approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard-setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing “regulatory care” through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well.  相似文献   

16.
This article explores the potential benefits and costs of regional cooperation on metropolitan area fiscal policies. After discussing the relationships between cities and suburbs, as well as the role of local fiscal policies in regional well‐being, the article presents and tests a model for measuring benefit spillovers resulting from fiscal policies. The results show that state and local infrastructures have important effects on metropolitan property markets, and that current spending is less influential than the level of public capital in place in determining property values. State highway investments are found to reduce the attractiveness of metropolitan area locations. Enhancements to central city infrastructure are estimated to significantly increase suburban property values, and the results of some simple policy experiments are examined.© 1999 by the Association for Public Policy Analysis and Management.  相似文献   

17.
    
Risk‐based regulation is becoming a familiar regulatory strategy in a wide range of areas and countries. Regulatory attention tends to focus, at least initially, on high risks but low‐risk regulatees or activities tend to form the bulk of the regulated population. This article asks why regulators need to address low risks and it outlines the potential difficulties that such risks present. It then considers how regulators tend to deal with lower risks in practice. A body of literature and survey‐based research is used to develop a taxonomy of intervention strategies that may be useful in relation to low‐risk activities, and, indeed, more widely. In an article to be published in the subsequent issue of this journal, we will then develop a strategic framework for regulators to employ when choosing intervention strategies and we will assesses whether, and how, such a framework could be used by regulatory agencies in a manner that is operable, dynamic, transparent, and justifiable.  相似文献   

18.
    
Safety regulation – in the form of pre-market approval, licensure, screening, and product entry limitations – governs numerous market realms, including consumer finance. In this article, we ask whether the effects of safety regulation go beyond safety and affect consumers' beliefs about the distribution of products they can use. We model “approval regulation,” where a government regulator must approve the market entry of a product based upon observable, unbiased, and non-anticipable experiments. We show that even if regulator and firm disagree about only quality standards, the disagreement induces the firm to provide more information about its product than it would in the absence of regulation. Put differently, purely first-order disagreements in regulation generate second-order consequences (more certainty about product quality). These second-order consequences of regulation are sufficient to generate first-order effects among end-users (more consumption of superior products), even when users are risk-neutral. In other words, even if approval regulation produces little or no improvement in safety or quality, it still aggregates information useful to “downstream” product users; these users will exhibit higher consumption and will more readily switch to superior products. In contrast with libertarian analyses of entry regulation and licensure, the model predicts that entry restrictions may be associated with greater product or service utilization (consumption) as well as with greater price sensitivity among consumers. Because contemporary cost–benefit analyses ignore these second-order effects, they are unlikely to capture the possible confidence effects of approval regulation.  相似文献   

19.
    
It is argued in this article that citizens in democracies use their subjective well-being (SWB) as an evaluative criterion when deciding how willing they are to support and comply with government dictates (political system support). When life is satisfactory, government authorities are rewarded with support, when it is not, citizens punish authorities by withholding their support. To make sense of the relationship, it is suggested that citizens act as if they have signed a happiness contract with ‘those in power’. In support of this argument, comparative survey data shows that SWB predicts attitudes on political system support across country contexts and under strong control conditions. Establishing that the relationship is causal, panel data documents that attitudes on political system support can be undermined following the termination of a close personal relationship, and that the causal effect is mediated via changes in SWB. Finally, as predicted, the happiness-support relationship is weaker among individuals who are high on spirituality/religiousness and attribute blame for external events to both worldly and non-worldly powers.  相似文献   

20.
    
The global infrastructure sector is thriving. But community opposition to major projects is also rising. Australian examples demonstrate the policy backflips, reputational pitfalls, and financial costs of project delays and cancellations. Failures to engage communities are surprising, given the widespread adoption of community engagement (CE) principles and the increasing professionalization of CE roles. If acceptance of the need for CE in infrastructure is more widespread than ever, why are we not seeing smoother project delivery, reduced protest, and cost savings? This paradox is the driving force behind the Next Generation Engagement project. This article offers a practitioners’ perspective to introduce the project and present key findings from its 12‐month pilot study aiming to establish a transdisciplinary, industry‐led research agenda for CE in Australia's infrastructure sector. The article contributes to our understanding of CE literature and research codesign. It maps out the top five priority themes for future research to support infrastructure selection, planning and delivery. The research agenda provides guidance for policy, and practice, offering consolidated, research‐based insights for policymakers and practitioners.  相似文献   

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