scholarly journals A discussion on the resilience of command and control regulation within regulatory behavior theories

2012 ◽  
Vol 1 (1) ◽  
pp. 15-24
Author(s):  
K.P.V. O’Sullivan ◽  
Darragh Flannery

This paper provides the first insights into the factors that may drive the resilience of command and control regulation in modern policy making. We show how the forces of uncertainty and internal dynamics among customers, producers and regulators are the most dominate factors preventing the adoption of non-CAC regulations. Using case study evidence of internet regulation, we then integrate our analysis into the most prominent regulatory choice behavior theories and illustrate that regardless of the theory, these factors can help explain the dominance of command and control as a choice of regulation.

Author(s):  
Raphaël Gellert

Chapter 2 demonstrates that data protection can be understood as command and control regulation by applying the three constitutive elements of regulation (standard setting, monitoring, behaviour control) thereto. If one wants to understand the modus operandi of newer models of regulation as applied to data protection (namely risk-based model of regulation), one must first understand the basis. That is, how data protection can be understood as regulation in the first place. This standpoint has another corollary. Since newer models of regulation are featured in contemporary statutes (with the GDPR as a prime example), an understanding of data protection as command and control regulation entails to study less contemporary statutes. The prime case study will therefore be the EU Data Protection Directive, which, even though not in force anymore is considered a suitable case for analysis as it embodies earlier models of regulation. Because this chapter is retrospective in scope (i.e. looking at previous data protection statutes in order to better understand the current ones), it often refers to historical sources of data protection (e.g. statutes and literature).


Author(s):  
Johan N Nel ◽  
Jan-Albert Wessels

A number of alternative environmental enforcement tools are available that may be used to enhance the environmental enforcement effort in South Africa.  Current debate focuses on which tools work effectively and the reasons for their success.  The debate is however dominated by issues concerning policy challenges, such as the adoption of alternative tools and necessary arrangements to ensure these tools contribute to overall environmental enforcement performance.  In order to contribute to the debate and stimulate further debate, this article offers a typology of alternative enforcement tool categories, lists the generally argued benefits and disadvantages of both command and control approaches and alternative enforcement tools, offers framework conditions for the successful adoption and use of some of the enforcement tools, and explores empirical and other evidence to determine whether environmental management systems are adequately able to drive sustained and consistent legal compliance.  A South African case study is also presented to illustrate the manner in which a combination of alternative enforcement tools may be integrated with command and control tools to ensure consistent and sustained legal compliance.


Author(s):  
Cary Coglianese ◽  
Evan Mendelson

The conventional view of regulation emphasises two opposing conditions: freedom and control. Government can either leave businesses with complete discretion to act according to their own interests, or it can impose regulations taking that discretion away by threatening sanctions aimed at bringing firms' interests into alignment with those of society, as a whole. This article focuses specifically on two alternatives to traditional, so-called command-and-control regulation: namely, meta-regulation and self-regulation. It defines these alternatives and situates their use in an overall regulatory governance toolkit. Drawing on the existing body of social science research on regulatory alternatives, this article identifies some of the strengths and weaknesses of both meta-regulation and self-regulation, and considers how these strengths and weaknesses are affected by different policy conditions.


Author(s):  
Paul M. Salmon ◽  
Neville A. Stanton ◽  
Guy H. Walker ◽  
Chris Baber ◽  
Richard McMaster ◽  
...  

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