Regulation & Governance最新文献

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The stealth legitimization of a controversial policy tool: Statistical profiling in French Public Employment Service 一个有争议的政策工具的秘密合法化:法国公共就业服务的统计分析
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-18 DOI: 10.1111/rego.12541
Alizée Delpierre, Didier Demazière, Hajar El Fatihi
{"title":"The stealth legitimization of a controversial policy tool: Statistical profiling in French Public Employment Service","authors":"Alizée Delpierre, Didier Demazière, Hajar El Fatihi","doi":"10.1111/rego.12541","DOIUrl":"https://doi.org/10.1111/rego.12541","url":null,"abstract":"Statistical profiling algorithms claiming to predict which jobseekers are at risk of becoming long-term unemployed are spread unevenly across countries. However, the pathways and histories of these tools are understudied. Because the profiling path in France is a winding one, it is fruitful to study the production of profiling acceptability within the Public Employment Service (PES), and upstream of its reception by frontline advisers. Using a mix of interviews and written sources, we show that the production of profiling acceptability sits at the crossroads of two processes: technical and political transformations of the instrument itself and broader institutional and managerial transformations of the PES. On the basis of this case study, the paper enriches our understanding of the slow and incremental rationalization of public services that we have termed “professional rationalization.” We argue that, far from being a softened or moderated form of bureaucratic rationalization, it is powerful—perhaps even irreversible—precisely because it transforms its target (frontline advisers) before the rationalization instrument is even deployed.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation 根据欧盟森林砍伐条例加强商品供应链中的企业问责制
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-06-09 DOI: 10.1111/rego.12540
Laila Berning, Metodi Sotirov
{"title":"Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation","authors":"Laila Berning, Metodi Sotirov","doi":"10.1111/rego.12540","DOIUrl":"https://doi.org/10.1111/rego.12540","url":null,"abstract":"The European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state-based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy-oriented learning from perceived accountability failures of existing soft market-based instruments, voluntary trade agreements, and experience with market-correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest-risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio-environmental externalities. However, the de-facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Mechanisms of regulatory capture: Testing claims of industry influence in the case of Vioxx 监管捕获机制:在万络案中检验行业影响力的声明
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-05-30 DOI: 10.1111/rego.12531
Eva Heims, Sophie Moxon
{"title":"Mechanisms of regulatory capture: Testing claims of industry influence in the case of Vioxx","authors":"Eva Heims, Sophie Moxon","doi":"10.1111/rego.12531","DOIUrl":"https://doi.org/10.1111/rego.12531","url":null,"abstract":"This paper presents a systematic empirical study of the causal mechanisms of regulatory capture. It applies process-tracing methods to the <i>Vioxx</i> drug scandal that was widely regarded to be a result of capture. In doing so, this paper provides a robust empirical analysis of regulatory capture lacking in the current literature. The analysis focuses on the role of the UK drug regulator in licensing and monitoring a drug that caused hundreds of thousands of heart attacks before it was taken off the market in 2004. We develop and systemically operationalize three causal mechanisms of capture to study the evidence on regulatory decision-making on <i>Vioxx</i>. Through explicit theoretical and empirical evaluation of the evidence, we show that the degree of capture through the revolving door, information overload and shared cultural frameworks was limited. By opening the black-box of empirical capture research, the paper highlights the problematic consequences of (mis-)diagnosis of regulatory capture by scholars, the media, and policymakers.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The politics of supply chain regulations: Towards foreign corporate accountability in the area of human rights and the environment? 供应链监管的政治:对人权和环境领域的外国公司问责制?
2区 社会学
Regulation & Governance Pub Date : 2023-05-30 DOI: 10.1111/rego.12526
Maria‐Therese Gustafsson, Almut Schilling‐Vacaflor, Andrea Lenschow
{"title":"The politics of supply chain regulations: Towards foreign corporate accountability in the area of human rights and the environment?","authors":"Maria‐Therese Gustafsson, Almut Schilling‐Vacaflor, Andrea Lenschow","doi":"10.1111/rego.12526","DOIUrl":"https://doi.org/10.1111/rego.12526","url":null,"abstract":"Abstract In recent years, binding regulations in the “home states” of corporations have emerged mainly in the Global North with the aim of holding corporations accountable for human rights and environmental impacts throughout their supply chains. However, we still need a better understanding about to what extent such regulations contribute to enhance “foreign corporate accountability (FCA).” This article introduces a special issue that theorizes and empirically investigates foreign accountability dynamics. We do so by advancing an analytical framework that conceptualizes FCA and identify important contextual conditions that help to explain accountability dynamics. Applying this framework, we show that the drafting, implementation, and enforcement of such regulations are highly political processes, wherein competing ideas embedded within unequal actor constellations and institutional environments shape the possibilities to achieve more transformative change. By theorizing and empirically investigating FCA dynamics, we contribute to advance debates about the sustainability governance of global supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135478134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Traceability and foreign corporate accountability in mineral supply chains 矿产供应链中的可追溯性和外国公司责任
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-05-19 DOI: 10.1111/rego.12527
Svenja Schöneich, Christina Saulich, Melanie Müller
{"title":"Traceability and foreign corporate accountability in mineral supply chains","authors":"Svenja Schöneich, Christina Saulich, Melanie Müller","doi":"10.1111/rego.12527","DOIUrl":"https://doi.org/10.1111/rego.12527","url":null,"abstract":"Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Rules as policy data? Measuring and linking policy substance and legislative context 规则作为策略数据?衡量和联系政策实质和立法背景
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-05-10 DOI: 10.1111/rego.12528
Steffen Hurka, Christoph Knill, Yves Steinebach
{"title":"Rules as policy data? Measuring and linking policy substance and legislative context","authors":"Steffen Hurka, Christoph Knill, Yves Steinebach","doi":"10.1111/rego.12528","DOIUrl":"https://doi.org/10.1111/rego.12528","url":null,"abstract":"There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming endeavor as it requires the manual assessment and coding of legal acts. The assessment of the structural characteristics of laws and regulations, by contrast, can be done applying automated natural language processing. An important critical question is, thus, whether we can combine these approaches and simplify the information extraction by inferring changes in the policy substance from the legislative context in which these changes are embedded. Examining more than 100 legal acts in the area of EU environmental and climate policy, we find that the measures capturing policy substance and the structural characteristics of legal acts context are not systematically linked. In other words: changes in the structural features of legal acts cannot be used as an approximation for changes in policy substance. We conclude by sketching out a research agenda when (and when not) to use the different concepts and related measurements.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The future of the international financial system: The emerging CBDC network and its impact on regulation 国际金融体系的未来:新兴的CBDC网络及其对监管的影响
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-04-11 DOI: 10.1111/rego.12520
Heng Wang, Simin Gao
{"title":"The future of the international financial system: The emerging CBDC network and its impact on regulation","authors":"Heng Wang, Simin Gao","doi":"10.1111/rego.12520","DOIUrl":"https://doi.org/10.1111/rego.12520","url":null,"abstract":"Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions by examining the emerging CBDC network and its regulatory implications. It argues that the CBDC network would likely be both decentralized and uncoordinated, making it unlikely to lead to convergence in CBDC regulation. The CBDC network would probably bring policy diffusion effects, with states behaving instrumentally, while shaking up the power balance between different actors, generating both cooperation and conflict. The CBDC network also has the potential to push international financial system toward becoming more decentralized.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legalism without adversarialism?: Bureaucratic legalism and the politics of regulatory implementation in the European Union 没有对抗主义的法家主义?:官僚法律主义与欧盟监管实施的政治
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-03-27 DOI: 10.1111/rego.12524
Chase Foster
{"title":"Legalism without adversarialism?: Bureaucratic legalism and the politics of regulatory implementation in the European Union","authors":"Chase Foster","doi":"10.1111/rego.12524","DOIUrl":"https://doi.org/10.1111/rego.12524","url":null,"abstract":"Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political opposition in the EU policymaking process which has curtailed the use of private enforcement mandates in EU secondary legislation. European policymakers have relied more on administrative enforcement through public regulatory agencies, a mode of policy implementation closer to bureaucratic legalism. In practice, public authorities play the primary enforcement role and private litigation serves the narrower function of compensation following public enforcement actions. Drawing from institutionalist theory, I identify several factors that have encouraged the development of bureaucratic rather than adversarial styles of European legalism, especially member states' commitments to procedural subsidiarity, the negative feedback effects from the US experience with entrepreneurial litigation, and the stickiness of European legal and bureaucratic traditions.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Mandatory due diligence laws and climate change litigation: Bridging the corporate climate accountability gap? 强制性尽职调查法律和气候变化诉讼:弥合企业气候责任差距?
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-03-14 DOI: 10.1111/rego.12518
Mikko Rajavuori, Annalisa Savaresi, Harro van Asselt
{"title":"Mandatory due diligence laws and climate change litigation: Bridging the corporate climate accountability gap?","authors":"Mikko Rajavuori, Annalisa Savaresi, Harro van Asselt","doi":"10.1111/rego.12518","DOIUrl":"https://doi.org/10.1111/rego.12518","url":null,"abstract":"The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation against corporations and due diligence legislation interact, and thereby help develop and strengthen corporate climate accountability. While the practice in this area is still limited, there is scope to reflect on early developments and how they may influence both future climate litigation as well as ongoing and future law-making on due diligence. We first review recent developments in climate litigation against corporations, focusing on the extent to which they rely on climate due diligence obligations. We then survey existing and proposed due diligence legislation, examining the extent to which it addresses corporate climate accountability. Finally, we identify scenarios of how due diligence legislation and climate litigation may interact and possibly converge to strengthen corporate climate accountability. We furthermore identify knowledge gaps and areas for further research.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Conceptualization and measurement of regulatory discretion: Text analysis of 120 years of British legislation 监管自由裁量权的概念与测度:英国120年立法文本分析
IF 3 2区 社会学
Regulation & Governance Pub Date : 2023-03-09 DOI: 10.1111/rego.12516
Nir Kosti
{"title":"Conceptualization and measurement of regulatory discretion: Text analysis of 120 years of British legislation","authors":"Nir Kosti","doi":"10.1111/rego.12516","DOIUrl":"https://doi.org/10.1111/rego.12516","url":null,"abstract":"Regulatory discretion is a central concept in the study of the regulatory state. Yet little attention has been paid to the origins of regulatory discretion, and how it varies across polities, policy areas, and over time. This paper presents a conceptualization of regulatory discretion that draws on three dimensions: delegation, content, and procedure. It argues that to measure regulatory discretion in legislation, we need to identify provisions that delegate regulatory powers to governments and then examine the extent to which exercising regulatory powers is constrained. Using Natural Language Processing techniques, this paper presents descriptive findings of the dynamics of regulatory discretion in the United Kingdom between 1900 and 2020. The findings portray how discretion has been constrained and formalized over the years through the content of regulations, while it has still retained high levels of flexibility in exercising regulatory powers. In doing so, the findings illustrate the rise of the British regulatory state through its legislative language.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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