Public Interest Regulation Research Articles

When Serving the Public Interest Generates Private Gains: Private Actor Governance and Two-Sided Digital Markets

From speech to privacy, broad public interests are increasingly governed online by policy decisions taken by private companies. We examine when and how firms make such decisions. In contrast to the shadow of hierarchy and functionalist explanations of private authority, we build an analytical framework based on business power and the economics literature concerned with two-sided markets. We argue that companies operating as digital platforms may use private actor governance to consolidate their influence. More precisely, public-interest regulation on one side of the market (e.g., protecting the privacy of end-users) may increase the dependence of firms on the other side of the market (e.g., increasing the price paid for information by advertisers). We probe our argument by looking at the privacy policy implemented by Apple in 2021. Our findings demonstrate the growing role played by digital companies in global regulatory debates and call attention to how market structures can simultaneously incentivize public-interest regulation and become a source of business power.

Termination Analysis of Cooperation Agreement between Bekasi City Government & PT. Kitita Alami Propertindo on the Revitalization & Management of Pondok Gede Market

The termination of the cooperation agreement between the Bekasi City Government and PT. Kitita Alami Propertindo regarding the revitalization and management of Pondok Gede Market has attracted attention because it involves public interest and complex regulations. This study aims to legally analyze the aspects underlying the unilateral termination of the agreement by the Bekasi City Government due to default by PT. Kitita Alami Propertindo. The research method used is a normative legal approach, which examines the legal aspects of the cooperation agreement with a focus on default and legal procedures for terminating the agreement. The results of the study indicate that the agreement can be unilaterally terminated by the government based on default, but there are legal risks that need to be considered, especially in fulfilling the rights of third parties. In conclusion, the termination of the cooperation agreement in this legal context has implications for both parties, and requires the application of strict rules in resolving contract disputes.

The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation

Environmental problems, in the current society, have attracted the attention and attention of the society and the public. Relevant laws are applied under the research of legislators and the reference of foreign legal experience. With the development of environmental civil public interest litigation, a series of problems have gradually emerged with judicial practice, and the allocation of the burden of proof is somewhat unreasonable. Through to our country and outside the environment of civil public interest litigation laws and regulations, understand the environment of the characteristics of the burden of proof and analysis its can perfect, points out that should distinguish the application of public welfare and private benefit, refining the causal relationship responsibility distribution, improve the system of proof obstruction, environmental damage appraisal system and environmental information disclosure system and other related measures.

LAND PROCUREMENT IN ORDER TO SUPPORT THE DEVELOPMENT REVIEWED FROM THE ASPECTS OF LEGAL CERTAINTY

Article 5 of the Basic Agrarian Law of Indonesia establishes that the earth, water, space, and their natural resources are under the control of the state, with the aim of achieving public prosperity in a just society. In developing the electricity system, as per Law No. 30 of 2009 on Electricity, land use necessitates compensation for land rights holders in accordance with Law No. 2 of 2012 on Land Acquisition for Public Interest and related regulations. Regulation of the Minister of Energy and Mineral Resources No. 13 of 2023 addresses spatial planning, minimum distance for electric transmission networks, and compensation for land and buildings under these networks. However, land beneath the Extra High Voltage Overhead Line (SUTET) only receives compensation for land value, not for the use of the space beneath the line, leading to reduced land productivity and economic value. This research employs normative juridical research with statutory and case approaches, analyzing primary legal materials such as relevant laws and regulations. It utilizes legal theories including legal certainty, justice, and state welfare. The research finds that the current practice of not compensating land under SUTET, but only compensating for land value, results in economic disadvantage and lacks fairness. To promote legal certainty and justice, it is recommended that compensation provisions be explicitly regulated by law to address these issues comprehensively.

Financial Technology Services, Government Regulations and Financial Inclusion of Small-Scale Fish Farmers in Homa Bay County, Kenya

This study explored the impact of FinTech and Government Policies on Financial Inclusion for small-scale fish farmers in Homa Bay County, Kenya. The study focused on how access to finance has been widened through agency banking, mobile money and online banking services among these people who had low incomes or were marginalized. The research also examined whether government regulations affect the relationship between fintech channels and financial inclusion. The study was underpinned by Innovation Diffusion Theory, Financial Intermediation Theory, Technology Acceptance Theory and Public Interest Regulation Theory. This study employed causal research design with a sample size of 495 small scale fish farmers using stratified random sampling technique that yielded 144 respondents. Data analysis involved multiple regression, correlation analysis and diagnostic tests that utilized SPSS 26.0 for data analysis. The results showed that agency banking; mobile money services and online banking together explained 58.1% of variation in financial inclusion among the farmers indicated by R squared of 0.581.The findings revealed that Agency Banking had significant effect on financial inclusion (β = .231, p = .001 < .05), as well as Mobile Money Services (β = .196, p = .019 < .05) and Online Banking Services (β = .410, p = .000 < .05). Therefore, the study concludes that Agency Banking; Mobile Money and Online Banking play important role in enhancing financial autonomy among small scale fish farming communities through increased access to bank accounts, secured transactions processes and agent incomes respectively. In view of the findings, the study recommends that financial institutions together with fintech companies should invest in platforms which are user-friendly safe secure meant for use by small holder dairy farmers themselves. Keywords: Agency banking, Mobile money services, Online banking services, Government regulations, Financial technology services, Financial inclusion

Indirect Expropriation Clause Clarified in Recent Colombian BITs

Over the past two decades, Caribbean states have been faced with a significant number of investment arbitration proceedings in which investors have claimed that public interest regulatory measures constitute indirect expropriations of foreign investment. As a result, arbitral tribunals have ordered host states to pay heavy compensation to foreign investors. To preserve its right to regulate in the public interest, Colombia has clarified the indirect expropriation clause in most of its recent international investment agreements, clarifying the extent to which a public interest regulation that affects foreign investment constitutes an indirect expropriation. This article seeks to determine to what extent the new clauses of the Colombian agreements contribute to preserving the state’s right to regulate in the public interest.

How foes become allies: the shifting role of business in climate politics

Firms often oppose costly public policy reforms—but under what conditions may they come to support such reforms? Previous scholarship has taken a predominantly static approach to the analysis of business positions. Here, we advance a dynamic theory of change in business policy positions that explains how business may shift from opposing to supporting new regulation over the course of multiple rounds of policymaking. We identify three sets of drivers and causal mechanisms behind business repositioning related to political, policy, and market change. We argue that political mechanisms can shift opposition to “strategic support” for reform, whereas policy and market mechanisms may shift opposition or strategic support toward “sincere support.” We examine the reconfiguration of business interests and policy positions in the context of three decades of US climate politics, focusing on the oil and gas, electricity, and auto sectors. Our dynamic theory of business positions moves beyond the dualism that views business as either opposing or supporting public interest regulation. We thus advance our understanding of why initial business opposition can incrementally turn into strategic or sincere support for policy reform.

Juridical Analysis Of The Drafting and Formulation Of Regulations Villages in Realizing Management Principles Of Regional Empowerment and Area Development (Research Study In Bintan District)

The preparation and formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development must go through the stages of the process of drafting and formulating draft village regulations with the aim of ensuring that the village regulations do not conflict with the public interest and/or higher statutory regulations. However, the Village Government in Bintan Regency has not implemented the stages of the process of drafting and formulating village regulations which have not been maximized, resulting in village regulations that are not in accordance with the systematicity of statutory regulations and it is feared that village regulations will conflict with the public interest and/or statutory regulations. higher invitation. The problems in this research are: How are the Legal Arrangements in the Preparation and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, How are the Implementation of the Drafting and Formulation of Village Regulations in Realizing the Principles of Management of Regional Empowerment and Regional Development, what factors are obstacles/constraints and solutions in the Preparation and Formulation of Village Regulations in Realizing the Management Principles of Regional Empowerment and Regional Development. Based on these problems, this research uses normative and empirical legal research methods. The research results show that this arrangement does not contain definite elements of an evaluation and clarification team, and has not been running optimally in practice, there are obstacles in the field. The implementation of the stages of drafting and formulating Village Regulations has not been carried out and well coordinated so that the results of village regulations have not been optimal. The obstacles faced are the lack of knowledge, understanding and experience of village officials' human resources regarding the preparation of village regulations, the geographical location between villages and sub-districts and districts, not all of which can be reached by land and not all of them require quite a short time, coordination is not optimal. As for suggestions from the research results on the need for statutory regulations that contain an attachment to the technical format for drafting village regulations, the Regional Government of Bintan Regency can carry out outreach to all village governments regarding the preparation and formulation of village regulations, and strengthen human resource capacity.

PUBLIC INTEREST IN THE BANKING SYSTEM REGULATION

This paper deals with issues related to public interest and Polish banking system regulation. It brings several general arguments regarding the actual legal regulation of the banking system, raises questions about the reasons for such detailed regulation, and discovers the public interest in the banking system law. In addition, the author explains what has changed in the architecture of the entire financial market after the global financial crisis of 2008. In the middle part of the paper, several important facts about the functioning of the banking safety net can be found. To be more precise, the activity of the central bank, financial supervision, bank deposit guarantee system, as well as protection of consumers are mentioned and analyzed.

The Investment Treaty Regime and Public Interest Regulation in Africa

The Investment Treaty Regime and Public Interest Regulation in Africa

The home state effect: How subnational governments shape climate coalitions

AbstractOrganized business interests often seek to block public interest regulations. But whether firms oppose regulation depends on institutional context. We argue that, in federal systems, sub‐national policies and politics can have a home state effect on firms' national policy preferences and the lobbying coalitions they join. State policies that force firms to absorb regulatory cost can reduce the marginal cost of national policies, leading to preference shifts. In addition, firms regulated at the state level have incentives to strategically align with their state governments to avoid future regulatory cost. We test our argument in the context of U.S. climate politics, matching original data on the positions of electric utilities toward the Clean Power Plan and data on ad hoc coalition membership with data measuring state policy stringency and state government positions. Quantitative evidence is consistent with hypotheses: both state policies and state politics influence utilities' positions on national climate policy. Qualitative evidence from elite interviews helps clarify the roles of different mechanisms. Our findings underscore the importance of sub‐national governments in shaping national lobbying coalitions.

What Are We Talking About When We Talk About Deference in Investment Treaty Arbitration?

Abstract In Philip Morris v Uruguay, the tribunal split on the standard of review applied to determine a fair and equitable treatment claim. Despite heavy contestation, arbitrators have not identified their root of divergence, missing the opportunity to elaborate on how to accord an appropriate level of deference to sensitive public interest regulations. More than an isolated instance, this problem reflects the conceptual and analytical ambiguities in standards of review analysis in investment arbitral jurisprudence in general. In response, this article identifies and distinguishes three different notions of deference in investment arbitration, in efforts to help clarify standards of review analysis and bridge the divergence in the current debate. This typology of deference can provide analytical guidance for tribunals to determine the appropriate standards of review with respect to complex legal and factual determinations. To enhance analytical clarity, investment tribunals could disaggregate the seemingly unitary, all-encompassing notion of standards of review into various concrete inquiries, instead focused on whether, and to what extent, specific legal or factual determinations at issue may warrant a measure of deference. In this way, arbitrators could improve their reasoning quality, analytical transparency as well as jurisprudential consistency, which are instructive to achieving a more coherent and principled approach to standards of review analysis in investment treaty arbitration.

Supervision of Establishment of Local Regulation

The Regional Regulation (Perda) is one of the regional regulations jointly determined by the Regional Head and DPRD to regulate regional affairs as stated in Law Number 23 of 2014 concerning Regional Government junto Law Number 11 of 2020 concerning Job Creation. Regional legal products in the form of stipulations and regulations, regional legal products in the form of regulations are regional regulations and regional head regulations. The problem that will be examined in this research is the authority in the formation of regional legal products in further regulating the provisions of other laws and regulations, the aspect of supervision is very necessary. In this regard, how is the supervision of regional legal products, both Perda and Perkada. The method used is doctrinal or normative legal research. The results of this study indicate that the Regional Regulation contains material for the implementation of regional autonomy and assistance tasks; and further elaboration of higher statutory provisions while the Regulation of the Regional Head is an elaboration of the regional regulation in the context of implementing the Regional Regulation, because the Regional Regulation expressly orders to make implementing regulations of the Regional Regulation in the form of the Regional Head Regulation. The implementation of supervision of regional regulations is carried out by means of preventive supervision and repressive supervision, that regional regulations and regional head regulations are prepared based on the authority and substance of their content that does not conflict with the public interest and higher laws and regulations.

Effect of earnings management and deferred tax on tax avoidance: Evidence using modified Jones model algorithm

The paper sought to examine earnings management and deferred tax after the passage and post-adoption of the Income Tax Act, 2015 (Act 896) on tax avoidance. This paper examines the effect of earnings management and deferred tax on tax avoidance. A probability sampling technique selected twenty-four firms from 2001 to 2020 on the Ghana Stock Exchange. A quantitative research technique is used to test five hypotheses. Panel data regression is employed to predict the effect of earnings management on tax avoidance. The study revealed that earnings management and other macroeconomic variables accounted for or explained 77.9% of tax avoidance practices of the selected firms. Furthermore, the study revealed a significant and positive relationship between earnings management, deferred tax, and leverage on tax avoidance. The study finds a decrease in the values of earnings management after 2015, signifying a reduction in tax avoidance practice after the passage of Act 896. The study concludes the need to strengthen the public interest theory of regulation to bring earnings management to its lowest point. The study recommends a revision to IAS 12 as a public interest regulation to reduce the discretions to managers on deferred tax

Big Oil and Climate Regulation: Business as Usual or a Changing Business?

AbstractThere is a long and continuing debate in the literature on corporate political power about whether businesses that advocate public-interest regulation do so for strategic political reasons or because they anticipate economic gains. Previous research on Big Oil’s strategies in climate politics has largely converged on the first view, arguing that global majors feign support for moderate carbon pricing largely to prevent the adoption of more drastic and costly policies. In contrast, this article argues that Big Oil’s growing stake in natural gas expansion is its economic motive for supporting favorably designed carbon pricing. The article finds that policy, technology, and energy market changes have paved the way for a shift toward natural gas and that a moderate carbon price, by triggering coal-to-gas switching, supports the realization of a gray transition in which “Big Gas” can expand its market share at the expense of coal and become a major bridge fuel next to renewables. Our findings underscore the importance of studying the competitive rivalry that underpins evolving industry demands for climate policy and regulation.

Smythe, Dallas. Facing Facts About the Broadcast Business, 20 U. Chicago L. Rev. 96 (1952)

To his credit, there are multiple Dallas Smythes in the literature. Historians have noted his participation in late 1940s regulatory struggles over public interest regulation of broadcasters. 1 Med...

Public Interest Considerations in European Merger Control Regimes

Nowadays, merger control predominantly relies upon a strict analysis of the effects from merger and acquisitions on effective competition. However, there is scope for so-called public interest considerations in several European merger control regimes and recently a number of European politicians have called for more elbowroom for non-competition-oriented interventions into merger control. For instance, they did so in the context of the prohibition of the Siemens-Alstommerger and the upcoming industrial policy discussion about European Champions. Since the social welfare effects of competitive markets present an important public interest in itself, additional public interest considerations justifying an intervention need to be non-market in the sense that these goals stand in conflict with competition. However, a trade-off between effective competition and public interest, i.e. public interests that are better served through market power then through effective competition, is a rare phenomenon. This paper gives an overview of public interest considerations in the merger policy of European Union member states and analyzes four jurisdictions in more detail. We find that the institutional designs how public interests considerations are included in the merger control regimes lack focus on non-market public interest considerations across the analyzed jurisdictions. Furthermore, there are relevant shortcomings regarding transparency and legal certainty. Moreover, our ex-pots analysis shows that the empirical record of past public interest-motivated interventions is questionable with only few interventions yielding the desired effects. Therefore, we suggest revising the public interest regulations in the respective merger control regulations by narrowing their focus to real non-market public interests and by levying decision power on less politically-influenced bodies.

Compensation for Land Procurement for the Construction of the Northern Ring Road of Solok City by the Regional Government of Solok

This study aims to analyze compensation for land procurement for the construction of the northern ring road of Solok City by the Regional Government of Solok. The main approach method used is a research that emphasizes legal aspects by studying primary and secondary legal materials. It will later become a guideline for understanding and analyzing research problems. In addition, an empirical juridical approach is used as a support for the main approach. The results showed that the implementation of land procurement for the northern ring road of Solok City directly between Regional Government Agencies of Solok and landowners or their attorneys was carried out with the release of rights to land, buildings and objects associated with it under the principle of deliberation. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 jo. Presidential Regulation of the Republic of Indonesia No. 71 of 2012. Regarding the determination of compensation carried out by means of deliberations between Government Agencies through the Land Procurement Team and landowners and their attorneys, based on the appraisal team’s assessment results, the basis for the assessment is fair replacement value and/or proper and fair replacement. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 concerning Land Procurement for Development in the Public Interest and Presidential Regulation of the Republic of Indonesia No. 71 of 2012 concerning the Implementation of Land Procurement for Development in the Public Interest.

Acting in the Public Interest: Learnings and Commentary on the Occupational Licensure Literature

There is increased interest in reforming the way occupations are licensed. However, most of the current dialogue focuses on the rapid growth in the number of people who need a license to pursue their chosen occupation. Consequently, significant questions are being raised as to the appropriateness of such requirements for groups that do not appear to present any tangible threat to public safety. Recent research has demonstrated that health professions have failed to articulate the need and value for licensure and how health regulators are addressing the many concerns being raised by the current debate. This study identifies dimensions or aspects of nurse licensure congruent with acting in the public interest and starts to curate (ie, to select, organize, and present) evidence related to each dimension, thereby identifying the current impact and highlighting opportunities for further research. This study utilizes a mixed-methods approach that combines documentary analysis, focus group discussion, and related literature associated with the various dimensions of acting in the public interest to highlight how nurse licensure addresses the current drivers for regulatory reform. A total of 99 documentary sources (ie, papers, articles, reports, and opinion editorials) were uploaded to NVivo 11 Plus for analysis. The analysis generated four overarching themes: (a) licensure reform, (b) impact of occupational associations, (c) occupational licensure issues, and (d) contemporary issues. Associated with these themes, 22 subthemes were also identified. The findings demonstrate there is clear evidence to support the fact that nurse regulators are acting in the public interest. However, further research is needed to provide definitive evidence to inform best practices in regulation and to offer direction for improved nurse regulatory reform. Furthermore, it is suggested that nurse regulators create and effectively maintain a global community capable of learning from one another and driving continuous improvement to better serve the public.

The Impact of Investment Treaties on Domestic Governance in Myanmar

Supporters of investment treaties argue that the treaties encourage good governance and respect for the rule of law in countries that are bound by them. Critics argue that the treaties discourage legitimate, public interest regulation of foreign investment. The claims of both the supporters and the critics rest on a set of assumptions about the impact of investment treaties on government decision-making in the states that are bound by them. To date, these assumptions have been subject to little investigation. This paper examines the impact of investment treaties on domestic governance through a single, detailed case-study of Myanmar. Myanmar is a powerful case study because, if investment treaties do have positive effects on domestic governance, it is a country where one would expect to see such effects. The paper draws on a series of semi-structured interviews with government officials, investment lawyers and foreign advisors to the Myanmar government, as well as an analysis of primary and secondary documents. The findings cast doubt on supporters’ claims that investment treaties promote good governance and the rule of law, as well as complicating critics’ claims about regulatory chill. The overall finding is that investment treaties’ effects on domestic governance are primarily mediated through processes within the executive branch of government and that these effects are limited and often ad hoc. Investment treaties have no discernible impact on the judicial system in Myanmar, and little impact on legislation or regulatory rule-making processes.