Non-State Regulatory Regimes

Abstract

pp. 1-3 This study explores the understanding of the concept of regulation. The purpose is to approach forms of ordering different from state regulation or non-state regulatory regimes. The main premise lies in the recognition that regulation does not only mean state regulation or the product of a state activity as legitimated authority. On the contrary, it is based on the assumption that regulation is also a domain of civil society. Regulation occurs in many spheres. Diverse regulatory regimes can be encountered. They lead to a fragmentation of regulation whereas the phenomenon of globalization adds to that process. Not surprisingly, we are now experiencing a considerable growth in academic studies on regulation in a range of fields: international relations, political science, law, sociology, or also economics. International organizations such as the OECD and other authorities analyze the process of regulation and may submit proposals for ‘better regulation’ or alternatives to regulation that may represent adequate forms of governance. Chapter 1 – On Regulation Abstract pp. 5-47 The chapter deals with the concept of state regulation. Its goal is to set the scene to introduce the core of the topic. Departing from the concept of state regulation assuming the form of classic command and control regulation, it first explores the rationales underlying it. Then, the impact of public policy issues and the debate on whether and how to regulate are discussed. The public theories underlying regulation are briefly cited and the role of the institutions involved in the process of regulation is examined. Based on these elements, the concept of regulation is broadened through the elaboration of the decentred analysis of regulation. It is no more understood solely in the sense of a state activity. A meta-regulatory approach is possible. Fragmentation and legal pluralism are the hallmark of regulation. Within that enlarged framework, autonomous regimes and alternative forms of regulation will appear.pp. 5-47 The chapter deals with the concept of state regulation. Its goal is to set the scene to introduce the core of the topic. Departing from the concept of state regulation assuming the form of classic command and control regulation, it first explores the rationales underlying it. Then, the impact of public policy issues and the debate on whether and how to regulate are discussed. The public theories underlying regulation are briefly cited and the role of the institutions involved in the process of regulation is examined. Based on these elements, the concept of regulation is broadened through the elaboration of the decentred analysis of regulation. It is no more understood solely in the sense of a state activity. A meta-regulatory approach is possible. Fragmentation and legal pluralism are the hallmark of regulation. Within that enlarged framework, autonomous regimes and alternative forms of regulation will appear. Chapter 2 – An Approach to Autonomous Regulatory Regimes Abstract pp. 49-107 The chapter represents the core of the theoretical part of the study. Its objective is to seize the characteristics leading to the emergence of autonomous regulatory regimes. These alternative forms of regulation are common. They correspond to distinctive, modern systems of interest representation. The chapter approaches the basics of these regulatory regimes. It first discusses how alternative forms of regulation interact within the existing state regulatory framework. A distinction is made between thepp. 49-107 The chapter represents the core of the theoretical part of the study. Its objective is to seize the characteristics leading to the emergence of autonomous regulatory regimes. These alternative forms of regulation are common. They correspond to distinctive, modern systems of interest representation. The chapter approaches the basics of these regulatory regimes. It first discusses how alternative forms of regulation interact within the existing state regulatory framework. A distinction is made between the possible inclusion of these regimes in state regulatory concepts and the opposite, their emergence from civil society. The next characteristic considered is the functional and historical dimension. The core of the chapter concentrates on institutional structure. It is argued that the source of alternative forms of regulation is the theory of interest. Regulatory regimes always emerge from collective action. With the formalization of the relationships these regimes acquire another quality. Thus, different aspects of institutional structures of these regimes are discussed. Chapter 3 – Case Studies