Information disclosure and environmental regulation: Green lights and gray areas

This research examines the potential of information disclosure for environmental regulation. The research attempts to answer questions of what impact information disclosure has on corporate environmental practices and what interferes with its effective use. A case study of Indonesia's pioneering informational environmental regulation reveals (i) both indirect (e.g. anticipation of external pressure) and direct (e.g. internal learning support) informational effects that enhance environmental awareness at the top management level and stimulate changes in production processes and (ii) detrimental effects of disclosed information that maintain or strengthen the extant power of regulated firms over environmental groups and local communities affected. Regulatory efforts can be leveraged by public disclosure of information regarding firms' environmental performance, especially where the state monitoring and enforcement capacities are weak. However, the introduction of policies of this kind without consideration of different market conditions and political and administrative culture may impede the effectiveness of this potentially useful regulatory method.     

Secondary learning and the unintended benefits of collaborative mechanisms: The Federal Aviation Administration's voluntary disclosure programs

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.     

Explaining Public Management Policy Change: Germany in Comparative Perspective

Public management policies have changed significantly in numerous countries in recent times. Policy entrepreneurs remain active in this policy domain, which encompasses government-wide rules and routines in the areas of expenditure planning and financial management, civil service and labor relations, procurement, organization and methods, and audit and evaluation. Case-oriented comparative research provides policy entrepreneurs with historically and theoretically informed knowledge useful in designing or improvising change strategies in this domain. This article focuses on the case of public management policymaking in the German federal government during the 1980s and 1990s. A coherent explanation of the careers of the overbureaucratization issue in the 1980s and the lean state issue in the 1990s is provided, along with an explanation for marked changes in selected public management policies in the 1990s. Analysis of this case is also harmonized with findings about public management policy change in the U.K., New Zealand, and Australia. Limited generalizations about the process of public management policy change are proposed. Policy entrepreneurs can factor these generalizations, plus analysis of the Germany case, into their prospective, situational analysis of the process of public management policy change.     

Privatisation and regulation in an Asian transitional economy: the case of Mongolia

Mongolia's transition to a market economy has entailed rapid and extensive privatisation accompanied by, inter alia, stabilisation, liberalisation and de‐regulation. The primary objective of this strategy was to cement the new political and economic order. Little weight was given to the problems created by the privatisation programme and only limited consideration given to questions of regulation in the economic, social and environmental spheres. However, the failure of the economy to translate economic growth into poverty reduction and the acceleration of the privatisation programme, which includes the progressive transfer of land, and proposals to privatise health, educational and cultural assets, have made regulation a more pressing issue. New, powerful social classes and interest groups have emerged, which have contributed to regulatory failure and capture and have undermined public policy. We identify a range of issues relating to privatisation and regulation and discuss the degree to which they are being addressed by the post‐1990 political class. Although there exist a number of regulatory agencies, there is a lack of political commitment, and only piecemeal implementation and enforcement. The scarcity of experienced and technically competent staff capable of establishing and operating effective regulatory agencies and ensuring compliance is also a major problem. Copyright © 2007 John Wiley & Sons, Ltd.     

Market making via regulation: The role of the state in carbon markets

Proponents as well as critics of carbon trading underestimate the institutional and political underpinnings of evolving carbon markets. Based on institutionalist approaches, this paper argues that the strong embeddedness of carbon markets explains why certain characteristics (positive and negative) materialize. Focusing on the actors who initiate and who influence carbon markets, this article also shows that currently only states and intergovernmental agreements provide the necessary regulation for carbon markets to exist and to work. Today, neither market actors nor NGOs nor public private partnerships have the political power to set up, regulate or capture evolving market structures. Thus, whether or not market‐based instruments bring about the desired results depends on good public regulation, which is – at least up to now – represented by the state. Four instances of the commodification of carbon serve as illustrations: the European Union Emission Trading System (EU ETS); the Clean Development Mechanism (CDM); the voluntary market; and new sectoral approaches, particularly Reducing Emissions from Deforestation and Degradation (REDD+).     

Salt,high blood pressure,and performance‐based regulation

Performance‐based regulation is a new approach to public health promotion. The aim of this article is to explain how this idea might be applied to the public health goal of reducing salt consumption as a way of reducing high blood pressure and thereby saving lives. Performance‐based regulation is compared with competing regulatory strategies.     

Beyond Performance Management: A Networked Production Model of Public Service Delivery

The use of outcome-based performance management as a means of coordinating and monitoring the production of decentralized public services has been growing. At the same time, it has been associated with significant problems, notably difficulty in controlling opportunistic behavior. However, alternative service delivery models based on open collaboration and coproduction, which can control opportunism, require initial trust between partners, and are often vulnerable to corruption, complacency, and rent-seeking. Thus, open collaboration models appear to need additional mechanisms that would promote trust building between partners even where trust is initially low, together with ensuring accountability and reducing opportunism. Based on a review of the recent business literature on networked production, the paper puts forward a service delivery model based on benchmarking, iterative planning and design, and error detection and correction mechanisms.     

Further improvement on the regulation of food safety in China

Market mechanisms in food safety management can not fully play its role, together with food producers, processors, distributors and other stakeholders＇ breach of competition rules, so food safety management must rely on government regulation. But at this stage, government regulation of food safety in China is not perfect, vicious food safety incidents that continuously occur seriously endanger lives of people, reduce the credibility of government functions and hinder the stable development of social harmony. Therefore, improving the food safety laws and the food safety regulatory system, establishing food safety credit system and expanding social participation of food safety supervision mechanism are the top priority of the government to regulate food safety.     

Responsive regulation in public‐private partnerships: Between deterrence and persuasion

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     

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.     

Pedagogy of regulation: Strategies and instruments to supervise learning from adverse events

Diverse scholars have argued that standards and performance measurements are “instruments of control” that have a profound influence on the day‐to‐day lives of individuals and organizations, causing constitutive effects. Regulatory bodies increasingly use standards to oversee and monitor the regulated. This paper discusses the Dutch Health and Youth Care Inspectorate's use of both standards and a performance measurement system introduced to monitor how Dutch hospitals investigate and learn from serious adverse events. Rather than focusing on how standards affect regulated practices and organizations, our study examines how the use of these instruments affects the standard maker, that is, the Inspectorate. We explore how the Inspectorate's work practices, standards, and coupled performance measurement system influence its regulatory pedagogy, reviewing practices, and decisionmaking. We conclude that standards and performance measurement systems are not by definition “instruments of control” as their constitutive effects are (under)determined by the relationships in which they are enacted.     

基于行业组织的行业管理的实证研究

行业组织通过影响政府行为来实现和维护会员企业乃至整个行业的共同利益;行业组织通过服务于企业,客观地起到了协助政府贯彻实施经济发展方针和行业政策、产业政策的协调监管作用.本文在调研的基础上分析了我国行业组织的发展状况,对我国行业组织促进行业发展、企业成长的积极作用进行了总结与概括,指出行业组织是行业利益的代言人,行业组织是行业经济运行的协调监管者和督战者.     

Police Performance As Symbolic Politics? Public Recognition and the Value of Awards

Abstract

What constitutes “good” performance in a law enforcement agency, who decides, and how does public recognition of that performance change how an agency performs? This study uses a quasi-experimental design and propensity-score matching model to assess the impact of a law enforcement agency’s status as a finalist for the annual Cisco/International Chiefs of Police Association (IACP) Community Policing Award on performance in future years, as measured by crime clearance rates. It is found that after comparing the treated group (finalist agencies) with the untreated group (non-finalist nearest-neighbor agencies), there is no meaningful difference in crime clearance rates. This unexpected finding establishes that the public recognition of finalist status by the Department of Justice, which promotes finalist agencies as exemplars of best practices in community policing, does not impact the subsequent performance of those agencies. Additionally, the results of the model suggest that the impact of symbolic politics and social construction on the award finalist selection process and the choice by DOJ to promote the practices of those agencies should be explored. Questions are also raised as to the utility of crime clearance rates as a performance measure, and future avenues for research in each area are proposed.     

When doctors shape policy: The impact of self‐regulation on governing human biotechnology

This paper investigates the development and adoption of governance modes in the field of human biotechnology. As the field of human biotechnology is relatively new, voluntary professional self‐regulation constituted the initial governing mode. In the meantime, with the exception of Ireland, all Western European countries have moved toward greater state intervention. Nevertheless, they have done so in contrasting ways and the resulting governance modes for assisted reproductive technology and embryonic stem‐cell research vary greatly. Instead of imposing their steering capacity in a “top‐down” fashion, governments have taken pre‐existing self‐regulatory arrangements in the field into account and built up governance mechanisms in conjunction with private actors and pre‐existing modes of private governance. Our analysis demonstrates that the form and content of the initial self‐regulation explain why the self‐steering capacity of the medical profession was largely or at least partially preserved through hybrid governance systems in Britain and Germany, while in France the self‐regulation was entirely replaced by governmental intervention.     

Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

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.     

In the shadow of the pharaohs: the militarization of labour debate and classical Marxist theory

This article considers the Bolsheviks’ proposals to militarize labour. While concerned ostensibly to secure a steady supply of disciplined labour during the civil war, this was clearly seen as a means to effect a transition to communism. Labour militarization was understood as an instrument to suppress commodity production, which would help usher in a new form of socialized labour. The theoretical roots of this policy can be found in Marx's writings on commodity production and ideology. Although Marx believed that the commodity form would be overcome through endogenous structural developments, there is no reason to suppose the forceful suppression of commodity production cannot produce the same outcome.     

公共参与的基层实践：农民自治组织的培育及其发展困境

提要现代社会的一个基本特征是社会管理上具有参与多元性。在中国现代化进程中，农民经济力量的成长对政治权力产生越来越重要的影响，农村民间组织尤其是经济合作组织大量涌现，其发展势头日益上升，逐步体现参与和监督精神，有助于公共性的发扬，为农村公共社会的培育构造着新的组织网络。