Better Business Regulation in a Risk Society

Better Business Regulation in a Risk Society PDF Author: Alberto Alemanno
Publisher: Springer Science & Business Media
ISBN: 1461444063
Category : Political Science
Languages : en
Pages : 329

Get Book Here

Book Description
The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a “(world) risk society.” Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: • Social risks and business regulation • Preconditions for better business regulation • Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible—without jeopardizing the related public goals—the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

Better Business Regulation in a Risk Society

Better Business Regulation in a Risk Society PDF Author: Alberto Alemanno
Publisher: Springer Science & Business Media
ISBN: 1461444063
Category : Political Science
Languages : en
Pages : 329

Get Book Here

Book Description
The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a “(world) risk society.” Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: • Social risks and business regulation • Preconditions for better business regulation • Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible—without jeopardizing the related public goals—the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

Better Business Regulation in a Risk Society

Better Business Regulation in a Risk Society PDF Author: Alberto Alemanno
Publisher: Springer Science & Business Media
ISBN: 1461444055
Category : Political Science
Languages : en
Pages : 329

Get Book Here

Book Description
The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a “(world) risk society.” Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: • Social risks and business regulation • Preconditions for better business regulation • Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible—without jeopardizing the related public goals—the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

Risk Regulation in the Internal Market

Risk Regulation in the Internal Market PDF Author: Maria Weimer
Publisher: Oxford University Press
ISBN: 019104718X
Category : Law
Languages : en
Pages : 305

Get Book Here

Book Description
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.

Legal Risks in EU Law

Legal Risks in EU Law PDF Author: Emilia Mišćenić
Publisher: Springer
ISBN: 3319285963
Category : Law
Languages : en
Pages : 270

Get Book Here

Book Description
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Strategies of Financial Regulation

Strategies of Financial Regulation PDF Author: Junghoon Kim
Publisher: Springer Nature
ISBN: 9811573298
Category : Business & Economics
Languages : en
Pages : 375

Get Book Here

Book Description
This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.

Governing Disasters

Governing Disasters PDF Author: A. Alemanno
Publisher: Edward Elgar Publishing
ISBN: 0857935739
Category : Technology & Engineering
Languages : en
Pages : 309

Get Book Here

Book Description
'The challenges posed by risky decisions are well documented. These decisions become even more daunting when they must be made in a midst of a crisis. Using the European volcanic risk crisis as the principal case study, Alberto Alemanno and the other contributors to this thought provoking volume derive valuable lessons for how policy makers can cope with the attendant time pressures, uncertainties, coordination issues, and risk communication problems. Once the next emergency risk situation occurs, it may be too late to learn about how to respond. Governing Disasters should be required reading for all policy makers and risk analysts in advance of the next international risk crisis.' – W. Kip Viscusi, Vanderbilt University, US and Editor, Journal of Risk and Uncertainty 'Catastrophes present us with a paradox. Many people don't think they will happen, so before a catastrophe, regulations are typically viewed as unnecessarily invasive. But in the aftermath of a disaster everybody suddenly blames the government for not having been strict enough. Overregulation often follows. In light of the unprecedented series of catastrophes in recent years, more than ever, top leaders in government and business must understand and overcome this regulatory challenge. Alberto Alemanno's innovative book tells you how.' – Erwann Michel-Kerjan, The Wharton School's Center for Risk Management, US 'Even the best-laid policy plans go awry. What do we do when, despite our best preventive efforts, a surprise crisis occurs? How do we regulate a disaster while it is unfolding? From volcanoes to tornadoes, and tsunamis to terrorists, extreme events test our resilience. In this illuminating volume, regulatory scholar Alberto Alemanno and his colleagues diagnose the complex combination of natural disasters and flawed institutions that make these crises so difficult to manage. They offer a set of insights and remedies that must be read by anyone concerned to deal with disasters in the future.' – Jonathan B. Wiener, Duke University, US 'This comprehensive edited volume makes an important and much needed contribution to an increasingly important dimension of risk assessment and management, namely emergency risk regulation. Drawing upon the responses of government, businesses, and the public to the 2010 volcanic eruption in Iceland – which disrupted European air travel, it offers important lessons for policy-makers who are likely to confront similar unanticipated global risks. The recent nuclear power disaster in Japan makes this volume both timely and prescient.' – David Vogel, University of California, Berkeley, US Emergency crises have always tested our ability to organise and swiftly execute a coordinated response. Both natural and unnatural disasters pose new questions to which previous experience provides only limited answers. These challenges are arguably greater than ever, in a more globalised world confronted by a truly transnational hazard. This is the first volume that addresses the complexities of the volcanic ash cloud that overshadowed Europe in April 2011, but has subsequently struck again in Australia, Chile and Europe. It does so from a multidisciplinary perspective, drawing upon research from economics, law, sociology and other fields, as well as volcanology and leading expertise in jet engineering. Whilst our knowledge base is wide-ranging, there is a common focus on the practical lessons of the ash cloud crisis both for subsequent eruptions and for emergency risk regulation more generally. Among many other insights Governing Disasters explains why it was that industry and regulators were largely unprepared for a phenomenon about which we were not scientifically ignorant. It concludes that the toolbox of risk regulation should not be expected to provide ready-made solutions but applied flexibly, creatively and with some humility. This unique and timely resource will be useful to policymakers, scholars, officials of international organizations, research institutions and consumer groups who want to acquire or further develop their capacities for risk regulation. For teaching purposes it is ideal for courses on risk regulation, disaster law and policy, and crisis management or as a supplement in courses on environmental law, transport law, space law or land use.

The EU and Nanotechnologies

The EU and Nanotechnologies PDF Author: Tanja Ehnert
Publisher: Bloomsbury Publishing
ISBN: 1509908528
Category : Law
Languages : en
Pages : 286

Get Book Here

Book Description
This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Repositioning Platforms in Digital Market Law

Repositioning Platforms in Digital Market Law PDF Author: Dušan V. Popović
Publisher: Springer Nature
ISBN: 3031696786
Category :
Languages : en
Pages : 288

Get Book Here

Book Description


Risk Society

Risk Society PDF Author: Ulrich Beck
Publisher: SAGE
ISBN: 9780803983465
Category : Social Science
Languages : en
Pages : 270

Get Book Here

Book Description
An analysis of the condition of Western societies that will take its place as a core text of contemporary sociology alongside earlier typifications of society as postindustrial, and current debates about the social dimensions of the postmodern

Time, Law, and Change

Time, Law, and Change PDF Author: Sofia Ranchordás
Publisher: Bloomsbury Publishing
ISBN: 1509930957
Category : Law
Languages : en
Pages : 407

Get Book Here

Book Description
Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.