Common law environmentalism

The necessity to control environmental externalities is almost invariably given as justification for command-and-control regulation and other forms of state intervention in related markets. When even mentioned, common law remedies that protected environmental rights for centuries are quickly dismissed as either being unworkable or ineffective. A review of the common law experience indicates that the rule of law can be effective in protecting environmental rights. Indeed, it is quite possible that common law was too effective, which led to special interest demand for statute law. The rule of politics may be more attractive to rent seekers than the rule of law and markets.     

Governance and Regulation of the Peruvian University System: Overcoming Reform Resistance through Quality Assurance Policies

This article examines the new governance of the Peruvian university system, which evolved in response to market liberalisation and weak quality assurance mechanisms. New actors and commercial interests emerged, building their network of relationships within the political arena. With the passing of a new Universities Law in 2014, ambitious reforms were set in motion, designed to reverse the decline in the quality of higher education. This study examines these reforms, focusing on whether and how they are changing the governance and structure of the system. It also identifies some conceptual and design flaws, such as the weaknesses of the main steering body and the accreditation regime, as well as limitations on the independence of the regulatory agency.