Regulation and Its Alternatives


Book Description

Abstract: The government's role in establishing and enforcing regulatory policy and processes is discussed. The best solution to each problem raised by regulatory proposals can be found only afer all of the facts are examined. Major issues include: markets and regulation (which discusses the regulatory process and examines the economic and social performance goals that competition, regulation, and governmental techniques expect to achieve); regulatory justifications (which examines technical efficiency and welfare efficiency, complex problems with no single solution); equity (realms of values); and the politics of regulations (which examines legislation; administration, and reform). (kbc).







Assessing Regulatory Alternatives:


Book Description

This guide is intended to help government agencies to approach the task of assessing regulatory alternatives in an organized and consistent fashion. Part 1 reviews the process of finding the best alternatives by providing a series of questions to consider, reflecting the government's regulatory policy and the key information requirements of a Regulatory Impact Analysis Statement. The questions also reflect the latest thinking on how to integrate risk management principles into regulatory decision-making and how to maximize compliance with regulatory requirements. Part 2 provides questions to consider regarding the factors that affect the behaviour of those affected by a regulation or alternative. Part 3 explains alternatives to regulation, such as taxation, loans and guarantees, user charges, standards, insurance, promotion of voluntary action, and modification of private law rights and procedures. The final part discusses alternative forms of regulation, including direct product controls, supplier entry and exit controls, production process controls, information controls, and marketable rights.







Alternatives to Regulation


Book Description




Law and Economics


Book Description

The economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels.




Alternatives to Multilateralism


Book Description

Analysis and case studies of emerging forms of private, public, and hybrid social and environmental governance. The effects of globalization on governance are complex and uncertain. As markets integrate, governments have become increasingly hesitant to enforce regulations inside their own jurisdictions. At the same time, multilateralism has proven unsuccessful in coordinating states' responses to global challenges. In this book, Lena Partzsch describes alternatives to multilateralism, offering analyses and case studies of emerging—alternative—forms of private, public, and hybrid social and environmental regulation. In doing so, she offers a unique overview of cutting-edge approaches to global governance. After laying the theoretical and empirical foundation of her argument, Partzsch presents three case studies from the countries most affected by these new forms of governance. Drawing on primary documents, interviews, and participatory observations, she analyzes cotton supply chains and voluntary (private) cotton certification in Ethiopia; public supply-chain regulation of “conflict resources” from the Democratic Republic of the Congo; and hybrid governance of palm oil production in Indonesia. Partzsch finds that the new entanglement of public and private regulation fails to address social and environmental considerations in mainstream markets; argues that only in exceptional cases do alternative forms of regulation overcome the power asymmetries between actors in the consuming countries of the Global North and those in the producing countries of the Global South; and concludes that, while the paradigm of free trade fades, we must continue to develop viable alternatives in order to pursue collective norms of environmental sustainability and social justice.




Alternative Dispute Resolution in the Regulatory Process


Book Description

An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.




Alternatives to Regulation?


Book Description

This book chapter presents a discussion of instrument choice in institutional context, with an emphasis on the Kyoto Protocol as an example of environmental benefit trading under a multilevel governance arrangement. Typically, economic models and qualitative discussion of instrument choice implicitly assume that a single regulator selects, designs, and enforces regulatory instruments. Increasingly, however, multiple polities implement regulatory instruments together. The Kyoto Protocol, for example, includes international, regional, national, sub-national, and private roles in the design and enforcement of emissions trading. This chapter emphasizes that design and enforcement are critical, as market mechanisms do not quot;automaticallyquot; produce environmental progress; rather they produce progress if properly designed and enforced and not otherwise. This chapter recounts the history of market mechanisms' growth, emphasizing the contrast between the United States' success with the acid rain program and its earlier failure with bubble programs. It also discusses the use of market mechanisms around the world, with some emphasis on the intersection between ideology and instrument choice. Finally, it describes the roles of multiple institutional actors in implementing environmental benefit trading under the Kyoto Protocol and analyzes some of the challenges that arise when an instrument is implemented in a complex multi-jurisdictional setting.




Assessing Regulatory Alternatives


Book Description

This guide is intended to help government agencies to approach the task of assessing regulatory alternatives in an organized and consistent fashion. Part 1 reviews the process of finding the best alternatives by providing a series of questions to consider, reflecting the government's regulatory policy and the key information requirements of a Regulatory Impact Analysis Statement. The questions also reflect the latest thinking on how to integrate risk management principles into regulatory decision-making and how to maximize compliance with regulatory requirements. Part 2 provides questions to consider regarding the factors that affect the behaviour of those affected by a regulation or alternative. Part 3 explains alternatives to regulation, such as taxation, loans and guarantees, user charges, standards, insurance, promotion of voluntary action, and modification of private law rights and procedures. The final part discusses alternative forms of regulation, including direct product controls, supplier entry and exit controls, production process controls, information controls, and marketable rights.