共查询到20条相似文献,搜索用时 15 毫秒
1.
Ioannis Kampourakis 《Regulation & Governance》2021,15(3):745-759
This article frames whistleblowers as regulatory intermediaries who provide a response to the problem posed by the fragmentation of knowledge in a complex society and market economy. I identify two ways in which whistleblowers become regulatory intermediaries: The first is by remedying informational asymmetries between the regulator and the target (instrumental approach). Both in the United States and in the European Union, whistleblowers are protected on the basis of the value of the disclosed information for the advancement of regulatory objectives. The second way in which whistleblowers become regulatory intermediaries is by contributing to the development of “communities of compliance” and by enhancing the internal self-regulatory capacities of regulatory targets (reflexive approach). Creating internal channels of reporting and monitoring is perceived as a way to change the organizational culture of targets. Through the instrumentalism – reflexivity dipole, competing rationales and normative visions of regulatory intermediation become apparent: It could, on the one hand, facilitate state intervention and legal sanctions or, on the other hand, signal the aspiration to embed public and social values in private actors. 相似文献
2.
Literature on private regulation recognizes the proliferation of competing regulatory organizations and approaches in various industries. Studies analyzing why fragmentation arises so far focus on single‐case studies, the exploration of single variables, or variation in types of fragmentation. This article analyzes why in certain industries and for certain issues regulatory organizations proliferate, while in others a single regulatory organization emerges which covers the entire industry. Through a comparative case study of private regulation of sustainability standards in the forestry, clothing, IT‐electronics, and chemicals industries, we show how a combination of low industrial concentration, civil society involvement in governance, and stringent standards of a first‐moving regulator offer the strongest explanation for a fragmented private regulatory field, while high industrial concentration, business‐driven governance, and lenient standards of a first‐moving regulator lead to cohesive regulation. 相似文献
3.
Intended beneficiaries have an undeniable relevance to regulation. However, current research has focused mainly on the two‐party relationship between rulemaking and rule‐taking. We attempt to fill this gap by exploring the formal and informal roles that beneficiaries’ intermediaries played in co‐creating European Corporate Social Responsibility (CSR) rules and associated practices between 2000 and 2017. By linking recent conceptualizations of regulatory intermediaries with the literature on critical political CSR, we offer a more dynamic and contextualized understanding of the roles of beneficiaries’ intermediaries. Specifically, we identify six micro‐dynamics through which they influenced the regulatory process. Notably, our findings highlight how the convergence of interests between three groups of beneficiaries’ intermediaries – the Non‐governmental organization–Investor–Union nexus – had a key role in reshaping CSR rules. We conclude that, in the European context, stronger and better‐coordinated beneficiaries’ intermediaries are crucial in order to achieve more effective corporate conduct regulation. 相似文献
4.
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. 相似文献
5.
高校知识分子不仅是我国高等教育事业发展的主要力量,也是社会主义和谐社会构建的一支重要力量。为此,高校知识分子应该肩负起知识分子的职责,在潜心治学的同时,以其特有的创造性、理性、批判性引领社会前进,在社会的激流中思考并探索国家和民族发展的捷径,从而发挥其促进社会和谐发展的作用。 相似文献
6.
What is the relationship between the design of regulations and levels of individual compliance? To answer this question, Crawford and Ostrom's institutional grammar tool is used to deconstruct regulations governing the aquaculture industry in Colorado, USA. Compliance with the deconstructed regulatory components is then assessed based on the perceptions of the appropriateness of the regulations, involvement in designing the regulations, and intrinsic and extrinsic motivations. The findings suggest that levels of compliance with regulations vary across and within individuals regarding various aspects of the regulatory components. As expected, the level of compliance is affected by the perceived appropriateness of regulations, participation in designing the regulations, and feelings of guilt and fear of social disapproval. Furthermore, there is a strong degree of interdependence among the written components, as identified by the institutional grammar tool, in affecting compliance levels. The paper contributes to the regulation and compliance literature by illustrating the utility of the institutional grammar tool in understanding regulatory content, applying a new Q‐Sort technique for measuring individual levels of compliance, and providing a rare exploration into feelings of guilt and fear outside of the laboratory setting. 相似文献
7.
When explaining regulatory policymaking and the behavior of regulated business firms, scholars have supplemented economic models by emphasizing the role of public‐regarding entrepreneurial politics and of normative pressures on firms. This article explores the limits of such entrepreneurial politics and “social license” pressures by examining regulation of emissions from diesel powered trucks in the US. We find that the economic cost of obtaining the best available control technology – new model lower emissions engines – has: (i) limited the stringency and coerciveness of direct regulation of vehicle owners and operators; (ii) dwarfed the reach and effectiveness of the governmental programs that subsidize the purchase of new less polluting vehicles; and (iii) elevated the importance of each company’s “economic license”– as opposed to its “social license”– in shaping its environmental performance. The prominence of this “regulatory compliance cost” variable in shaping both regulation and firm behavior, we conclude, is likely to recur in highly competitive markets, like trucking, that include many small firms that cannot readily either afford or pass on the cost of best available compliance technologies. 相似文献
8.
《Critical Horizons》2013,14(2):200-224
AbstractThis essay explores Hannah Arendt’s contribution to our understanding of the rhetorical as opposed to the aesthetic quality of public speech, with an emphasis upon her conception of opinion and glory. Arendt’s focus on the revelatory quality of public action in speech is widely understood to preclude or seriously limit its communicative aspect. I argue that this is a misunderstanding, and that accepting it would reduce speech not merely to the discussion of a sharply limited set of topics, but to no topics at all. Public action is speech that reveals the speaker as “answering, talking back and measuring up to whatever happened or was done.” Such revelatory speech is most appropriately judged by the standard of the glorious and the inglorious. Because such speech must inform as well as reveals, so does glorious or great speech rise to the level of greatness in part because of what is said, to whom, where, and how. Arendt’s understanding of this is shown to have significant parallels to the ordinary language philosophy of Stanley Cavell. 相似文献
9.
Amit Tzur 《Regulation & Governance》2019,13(3):340-361
Can emerging technologies transform not only markets, but also foster new regulatory change mechanisms? In the context of prevailing theories of regulatory change, this article explores the extent to which an interest‐based explanation can account for the regulatory responses toward emerging Transportation Network Companies (TNCs). Based on a primary cross‐city analysis of the 40 largest cities in the United States, the study found that although the existence of ex ante interest groups indeed somewhat limited the extent of ex post regulatory acceptance of TNCs, regulators seemed to prefer the newcomers over existing incumbents and approved TNCs in 77.5 percent of the examined cities, rarely pursuing harsh enforcement even when TNCs operated illegally. The research attempts to explain this intriguing phenomenon by extending the interest‐based approach to account for the key role played by “technological regulatory entrepreneurs.” The entrepreneurs bridged collective action barriers by becoming the central agent that managed, and reaped the benefits of, the collective action, by lowering the organizational costs and by disseminating information effectively and turning consumers into political campaigners, thus successfully promoting regulatory change. 相似文献
10.
Peter J. May 《Regulation & Governance》2007,1(1):8-26
This research considers accountability issues for new forms of regulation that shift the emphasis from prescribing actions to regulating systems or regulating for results. Shortfalls at various levels of accountability are identified from experiences with these regimes in the regulation of building and fire safety, food safety and nuclear power plant safety. These experiences illustrate how accountability shortfalls can undermine regulatory performance and introduce a potential for subtle forms of regulatory capture. These concerns underscore the importance of finding the right fit between regulatory circumstances and the design of regulatory regimes. 相似文献
11.
Martino Maggetti 《Regulation & Governance》2007,1(4):271-294
The phenomenon of delegating public authority from elected politicians (or ministries headed by elected politicians) to formally independent regulatory agencies (RAs) is becoming increasingly widespread. This paper examines the relation between formal independence, as prescribed in the constitutions of agencies, and de facto independence. Toward this end, it conceptualizes and assesses de facto independence of RAs, and discusses organizational, institutional, and political explanations for divergence from formal independence. The complex relations between de facto and formal independence are examined with a cross‐national, cross‐sectoral comparison of 16 Western European RAs using fuzzy‐set analysis. The results show that formal independence is neither a necessary nor a sufficient condition for explaining variations in the de facto independence of agencies. Other factors, such as the lifecycle of agencies, veto players, and European networks of agencies, have a decisive impact. 相似文献
12.
Gregory Shaffer 《Regulation & Governance》2015,9(1):1-15
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. 相似文献
13.
Hamish van der Ven 《Regulation & Governance》2015,9(3):276-293
The number of eco‐labeling schemes is rising dramatically, yet the rigor and credibility of such schemes remains uneven. Whereas some eco‐labeling organizations (ELOs) comply with best practice guidelines designed to increase the credibility of their standards through attention to good operating principles, such as transparency and impartiality, others do not. Within this article, I attempt to explain this variation through multivariate regression analysis of an original cross‐sectoral dataset of transnational ELO policies and practices. I find compelling evidence to suggest that ELOs with environmental non‐governmental organization (ENGO) partners, nonprofit structures, or broad transnational reach are most likely to comply with best practices. I also find that private ELOs are more likely to disregard best practices than public ones. Conversely, I find little evidence that levels of industry funding or sector‐specific competition dynamics affect best practice compliance. This study contributes new data, a new method of comparison, and new findings to the growing literature on transnational governance. 相似文献
14.
Isik Ozel 《Regulation & Governance》2012,6(1):119-129
This essay explores the rise and decline of regulatory independence in Turkey. Framing the ongoing process of limiting independence of these agencies as the politics of de‐delegation, it raises the question of why Turkish regulatory agencies have become subject to increasing political intervention. Contending that institutional legacies and mounting illiberal predispositions of the Turkish state facilitate the politics of de‐delegation, the essay focuses on centralization, executive discretion, and politicization of bureaucracy as the major institutional legacies. Then it briefly discusses formal and informal mechanisms of political intervention, which have impaired the independence of the regulatory agencies. 相似文献
15.
ROBERT FORD MATTHEW J. GOODWIN DAVID CUTTS 《European Journal of Political Research》2012,51(2):204-234
While Euroscepticism is the most important driver of United Kingdom Independence Party (UKIP) support, other attitudinal drivers – namely dissatisfaction towards mainstream parties and xenophobia – are also important. Examining vote‐switching between first‐ and second‐order elections evidence is found of a distinction between two types of supporter: more affluent and middle‐class ‘strategic defectors’ from the mainstream Conservative Party who support UKIP to register their Euroscepticism, and more economically marginal and politically disaffected ‘core loyalists’ who are attracted to UKIP by its anti‐immigration rhetoric and populist anti‐establishment strategy. UKIP also succeeds in attracting core support from groups such as women who have traditionally rejected extreme right parties such as the British National Party (BNP). This suggests that UKIP is well positioned to recruit a broader and more enduring base of support than the BNP. 相似文献
16.
Kathryn Hochstetler 《Regulation & Governance》2012,6(3):362-370
The basic rationale of the regulatory state is to insulate certain kinds of decisionmaking from political actors. The main purpose of this commentary is to assess the ways that members of civil society, in fact, often shadow and contest the central actors of the regulatory state, even though they are ostensibly well outside it. I offer three distinctions to help broaden and sharpen analysis of the roles and impact of civil society actors: whether civil society actors have special expertise or not; whether the regulatory state is being put in place or already exists; and whether civil society actions are broadly complementary to, or substitutive of, state action. In discussing each of these, I also explore the consequences of the transfer of the regulatory state to the global South, and the way that change in location shapes both the role and impact of civil society and the regulatory state itself. 相似文献
17.
Along with other types of process‐oriented regulation, voluntary disclosure programs are increasingly used by regulatory agencies to supplement traditional inspection activities. Voluntary disclosure programs provide incentives, such as immunity or reduced regulatory enforcement to those submitting reports, while providing regulatory agencies with valuable information on existing risks and areas of non‐compliance. This article contributes to the discussion of voluntary disclosure programs by highlighting an important unconsidered benefit of such programs: the secondary learning they generate, above and beyond information about violations. Beyond the information submitted by firms contained in the self‐disclosures, the programs generate information and insights about the usual practices of the industry, the division of labor, typical problems, and ways to handle them – those details often invisible to those outside an organization or inside the organization but not “on the ground.” This additional information provides important benefits to both industry management and agency officials. We demonstrate the existence of secondary learning and describe the effect of the structure of voluntary programs on secondary learning with evidence from two case studies of the Federal Aviation Administration's voluntary disclosure programs: the Aviation Safety Action Program and the Voluntary Disclosure Reporting Program. 相似文献
18.
Scholars and practitioners have repeatedly questioned the democraticness and the authority of transnational multi‐stakeholder organizations, especially those that regulate the internet. To contribute to this discussion, we studied the “democratic anchorages” and the regulatory authority of 23 internet regulators. In particular, we conducted a fuzzy‐set qualitative comparative analysis assessing whether and which anchorages correspond to necessary and/or sufficient conditions for exerting regulatory authority. Our results show that strong anchorage in democratic procedures is specifically relevant for this outcome. Further, we find that weak anchorage in democratically elected politicians leads to high regulatory authority, confirming the significance of non‐state actors in this policy field. More generally, our findings support but also qualify expectations about the compatibility and mutual reinforcement of democratic quality and regulatory authority at the transnational level. 相似文献
19.
While several studies have documented how evidence‐based policy instruments affect public policy, less research has focused on what causes changes over time in the analyses mandated by the instruments, especially in Britain. Thus, we take the analytical content of a pivotal regulatory reform instrument (impact assessment) as a dependent variable, draw on learning as a conceptual framework, and explain the dynamics of learning processes across departments, policy sectors, and time. Empirically, our study draws on a sample of 517 impact assessments produced in Britain (2005–2011). Experience and capacity in different departments matter in learning processes. Guidelines also matter, but moderately so. Departments specialize in their core policy sectors when performing regulatory analysis, but some have greater analytical capacity overall. Peripheral departments invest more in impact assessment than core executive departments. The presence of a regulatory oversight body enhances the learning process. Elections have different effects, depending on the context in which they are contested. These findings contribute to the literature on regulation, policy learning, and policy instruments. 相似文献
20.
Voters behave differently in European Parliament (EP) elections compared to national elections because less is at stake in these ‘second‐order’ elections. While this explains the primary characteristic of EP elections, it has often led to a conflation of distinct motivations for changing behaviour – namely sincere and protest voting. By distinguishing these motivations, this article addresses the question of when and why voters alter their behaviour in EP elections. In addition, it argues that the degree of politicisation of the EU in the domestic debate shapes the extent to which voters rely on EU, rather than national, considerations. These propositions are tested in a multilevel analysis in 27 countries in the 2009 EP elections. The findings have important implications for understanding why voters change their behaviour between different types of elections. 相似文献