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Author: Karen Lee
Publisher: Bloomsbury Publishing
ISBN: 1509918108
Category : Law
Languages : en
Pages : 315
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Book Description
Rule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.
Author: Karen Lee
Publisher: Bloomsbury Publishing
ISBN: 1509918108
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
Rule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.
Author: Penny Gleeson
Publisher: Taylor & Francis
ISBN: 1040297072
Category : Law
Languages : en
Pages : 210
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Book Description
This book develops a theoretical framework for examining and assessing the regulatory arrangements for medical products. Since the first half of the 20th century, the regulation of pharmaceuticals, medical devices and, more recently, biologicals have been controlled in many jurisdictions by specific regulatory regimes and agencies. Their regulatory mandates are similar – to ensure the quality, safety and efficacy of medical products. This book provides a timely and relevant assessment of the complexities of medical regulatory regimes, by drawing on a particular theory of political legitimacy. In this respect, the book adopts a ‘dialogic’ approach – according to which a shared set of normative beliefs and values are formulated – as a theoretical ‘tool’ to identify deficiencies in the regulatory arrangements for medical products. Drawing on several Australian cases studies, characterised by divergent normative perspectives, the book develops its dialogic approach in order to challenge the usual legitimation of regulatory regimes from the perspective of science alone. Specifically, it maintains that such regimes need to embrace a normative pluralism that admits a diversity of types and sources of knowledge. This evaluation of the increasingly influential domain of medical regulation will appeal to a range of scholars and practitioners working in law, public health, politics and science and technology studies.
Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
ISBN: 1839101938
Category : Law
Languages : en
Pages : 471
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Book Description
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Author: Ian Ayres
Publisher: Oxford University Press
ISBN: 0199879958
Category : Law
Languages : en
Pages : 216
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Book Description
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Author: David M. Pritzker
Publisher: U.S. Government Printing Office
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 948
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Book Description
Author: David Szablowski
Publisher: Bloomsbury Publishing
ISBN: 1847313450
Category : Law
Languages : en
Pages : 352
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Book Description
The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.
Author: Jan Kooiman
Publisher: SAGE
ISBN: 9780761940364
Category : Philosophy
Languages : en
Pages : 268
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Book Description
Of contents: 1. Setting the stage. 2. Interaction. 3. Governing images. 4. Governing instrumentation. 5. Governing action. 6. Self-governance. 7. Co governance. 8. Hierarchical governance. 9. Problems and opportunities (first-order governance). 10. Institutions (second-order governance). 11. Meta (third-order governance). 12. Society, governance and governability. 13. Interactions, governance and governability.
Author: Steven Cann
Publisher: Routledge
ISBN: 1351729144
Category : Social Science
Languages : en
Pages : 615
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Book Description
This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.
Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351916513
Category : Law
Languages : en
Pages : 357
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Book Description
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
Author: Daniel Cash
Publisher: Routledge
ISBN: 0429578644
Category : Law
Languages : en
Pages : 275
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Book Description
The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises – which reveals interesting patterns – and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.
