The gradual transformation? The incremental dynamics of macroprudential regulation

This article focuses on the transformatory potential of macroprudential ideas following the financial crash of 2008, examining how they are being mediated by existing institutional contexts and how and why the task of building a new body of technical macroprudential knowledge is proceeding slowly. It is argued that the movement toward a form of macroprudential regulation has a distinctly incremental dynamic that means any macroprudential transformation will be a gradual process that is likely to span a decade or more. Using Peter Hall's framework of three orders of policy change across substantive and temporal dimensions, the article argues that the macroprudential ideational shift can be compared to third order change. In this sense, it was intellectually radical and took place rapidly in a period of around six months. However, intellectual radicalism does not automatically translate into a radical change in regulatory practice, because of a variety of countervailing political, institutional, and informational variables. In this respect, the task of developing first and second order macroprudential policy is proving to be a much more politically contested process. Furthermore, macroprudential policy is being developed by cautious technocrats who rely on the gradual accumulation of data and evidence to justify policy. The result is a distinctly incremental dynamic to macroprudential policy development that displays many of the features of a process that historical institutionalists refer to as “layering.”     

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.     

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.     

From support to pressure: The dynamics of social and governmental influences on environmental law enforcement in Guangzhou City,China

This paper examines how changes in governmental and social influences affect environmental enforcement in Guangzhou city, China, between 2000 and 2006. The paper finds that a form of “decentered regulation” has developed. Regulatory enforcement is no longer the sole affair of the government and the regulatory bureaucracy, but has been increasingly influenced by societal forces. The transformation over time shows the promises and limits of decentered regulation in Guangzhou's dynamic authoritarian setting. Analyzing a set of longitudinal survey data and qualitative interviews, the paper finds that by 2006, the rise of civil society and its increased support for protecting the environment had a double‐edged impact on the enforcement of environmental regulations. The paper demonstrates that on the one hand, by 2006, when government support for enforcement was low, societal forces developed an ability to counterbalance such lack of governmental support and positively influence enforcement. However, it also shows that when government support was high, a concurrent rise in societal support created a negative effect on enforcement. Thus too much societal support can become an enforcement burden.     

规制机构组织要素失衡对规制行为的负面影响

规制机构的组织目标、权责分配、经费来源、决策机制等组织要素的比例失衡对规制行为产生负面影响,主要体现在规制机构的部门利益目标化和法定化、规制自由裁量行为的泛滥、规制机构的设租和寻租行为、规制行为的地方保护主义、规制政策缺乏连续性和独立性等方面。     

Comparing regulatory processes in genome editing and autonomous vehicles: How institutional environments shape sociotechnical imaginaries

This study compares the regulation of two emerging technologies, the CRISPR genome-editing system and Connected and Autonomous Vehicles (CAV) in the United States. The study draws on 33 in-depth interviews with innovation and governance experts to study the relationship between their regulatory environments and developing beliefs about these technologies. Using sociotechnical imaginaries as a framework, we explore how social actors envision technologically driven futures and the social order that enables them. These imaginaries are essential to emerging technologies, where experts build a framework of potentialities for innovation still underway. While scholarship has documented how sociotechnical imaginaries arise among policymakers, groups of scientists, state and local stakeholders, and public actors in different countries, less has been said about how regulatory organizations and their actors shape expectations around technologies that are in the early and middle stages of development. This article finds that regulatory institutions shape emerging imaginaries along three related axes: the distribution of authority, technological novelty, and risk. Interviewees negotiate these three contingencies differently based on relevant extant regulatory structures and ideologies, resulting in distinct imaginaries around each technology. CRISPR actors envision genome editing as largely diminishing biomedical harm and eventually suitable for health markets, while CAV actors diverge on whether self-driving cars alleviate or exacerbate risk and how they may enter roads. That organizational structures and practices of regulation inform broadly held sociotechnical imaginaries bears significance for studies of innovation trajectories, suggesting regulators can take an active role in shaping how risks and benefits of emerging technology are defined.     

The role of institutional and governance factors in public–private partnerships infrastructure investments in emerging economies

The overall development and sustained growth of any economy depend heavily on its infrastructure provisioning. Emerging economies are usually characterised by constrained public investments in infrastructure. Budgetary constraints of the governments are one of the major hurdles to these investments. Due to these reasons that governments of emerging economies continuously seek collaborations with the private sector for additional sources of funding infrastructure. Economies with solid institutional and governance frameworks are known to provide a conducive environment for enhanced private sector attraction in the sector. However, emerging economies face greater institutional and governance issues than developed economies, and they sometimes fall short of luring private investments in the infrastructure sector. The objective of this study is to empirically evaluate the role of institutional and governance aspects in private sector attraction in emerging economies. This study provides empirical evidence with a sample of 114 emerging economies over a period of 20 years. Various econometric estimates were developed to explore the interplay between public-private partnership investments and governance factors. The results of the study provide an evidence of a positive association between these factors and private investments in public-private partnership arrangements.     

Regulatory intermediaries and value conflicts in policy implementation: Religious organizations and life-and-death policies in Belgium

This article makes important contributions to governance research by studying the implementation of policies with high potential for goal incongruence between intermediaries and regulators. Building on a regulatory intermediation framework and prevailing theories from organizational institutionalism, we propose an original typology that classifies intermediaries' strategies for coping with challenging regulations. Furthermore, we explain the choice of these strategies based on intermediaries' value systems, the degree of interdependency with the regulator, and policy ambiguity. The empirical strategy is based on the case of Catholic, Protestant, and Muslim religious organizations engaged in the implementation of abortion and euthanasia policies in Belgium. These latter constitute a typical case of policy implementation that prompts value conflicts between permissive official regulations and intermediaries' conservative values on life-and-death issues.     

The logic of regulatory impact assessment: From evidence to evidential reasoning

Agencies involved in generating regulatory policies promote evidence-based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence-based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature.     

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.