Strengths and Limitations of Self-Regulation

Author(s):  
Tijana Milosevic

A more transparent self-regulatory framework is proposed here and it is argued in the chapter that operational policies need to be publicized and that mechanisms adopted by the companies need to be publicly available and regularly evaluated. Introducing regular independent evaluation of the mechanisms’ effectiveness is recommended as an essential component of effective self-regulation, and it is currently missing. Here, it is also explained why transparency is not the end-goal in and of itself. The aim behind ensuring transparency is to allow for an evaluation of the mechanisms’ effectiveness from youth perspective, which could open up space for changes in policies and mechanisms in a way that works for youth. This evaluation should nonetheless be independent –meaning that it is not executed by the companies themselves but rather by a third party whose impartial nature is established through regulatory monitoring.

Based on the recognition that neither the command-and-control nor the self-regulation mode based regulation can accommodate the ever growing complexity of the financial market, this chapter argues that a new regulatory regime is needed. This chapter discusses the four theoretical concepts -- governmentality, reflexivity, responsive regulation and ‘smart’ regulation – that anchor a proposed alternative “smart” regulatory framework.


Author(s):  
Leena Ajit Kaushal

Peer to Peer sharing economy has tremendous potential for decentralized innovation and new ventures in a developing country like India but apart from self regulation there is need for a new regulatory framework to realise its full potential. The regulatory policy should concurrently enhance the key efficiencies of sharing platforms along with protecting consumers' rights. Government should aim to secure the opportunities offered by these sharing platforms to optimise their operations and better utilisation of public resources. Thoughtful regulatory intervention can serve to encourage the development of new ideas and new ventures in the sharing economy.


ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Nga Kit Christy Tang

AbstractAs a WTO member and one of the largest trading countries, China is subject to a series of rule-of-law related international obligations. Yet, China emphasizes ‘Chinese characteristics’, ‘rule by law’, and recently, ‘socialist ethics’. What is the impact of WTO law on China? This paper examines the WTO and Chinese regulatory frameworks in terms of administrative review settings. Through reviewing the roles of self, law, and government under Confucianism and Chinese Legalism, this study finds that China generally adopts a Confucian internal regulatory framework based on self-regulation, which negates external control. The WTO law, however, assumes a Chinese Legalist like external regulatory framework based on control by rules in the form of checks and balances. The impact of WTO law on China, therefore, is about a battle between these internal and external frameworks at the opposite regulatory directions. On this battlefield, China seems not to be affected by the WTO yet.


Author(s):  
Tijana Milosevic

This chapter analyzes the regulatory environment with implications for digital bullying with a specific focus on the United States (US) and the European Union (EU). Relevant regulatory stakeholders are explained as well as the process of self-regulation vs. traditional, command-and-control legislation and the benefits and downsides of each in the context of digital bullying. Self-regulation is distinguished from private regulation and corporate social responsibility (CSR) and literature that compares differences in self-regulatory traditions in the US and EU is examined, together with discussions on co-regulation. The term “alternative regulatory instruments” or ARIs (Lievens, 2010) is proposed and the author specifies how the terms “self-regulation” and “private regulation” are used in the book and subsequent chapters. It is argued that few companies examined in this book have been part of traditional self-regulatory initiatives but have rather adopted and developed policies via industry best practices. The issue of scarcity of independent evaluation, especially from children’s perspective, is raised, and how such a state of affairs reflects upon children’s rights.


2006 ◽  
Vol 6 (4) ◽  
pp. 1-12 ◽  
Author(s):  
Richard Arnold ◽  
Andrew B. Whitford

We describe a simple mechanism for achieving two goals: (1) to encourage firms to take environmentally friendly action, and (2) to make environmental protection impervious to political change. We assert that there is wide evidence now that firms adopting an environmental management system (EMS) like ISO 14001 improve their environmental performance. This is because ISO 14001's third-party audits reduce the chance firms will fully fail to comply with regulations, and the EMS procedure reduces the chances firms will be in noncompliance due to ignorance. Our mechanism is intended to harness the power of EMS systems within firms, while reducing the chances that political change will nullify our solution. We argue that to achieve these goals, governments should make firms' participation in public procurement programs contingent on their adoption of an EMS such as ISO 14001.


2021 ◽  
Author(s):  
Binbin Zheng

Abstract Background: With medical education shifting towards student-centered models, medical students are expected to be self-regulated learners. Advancement in technologies has been suggested to be supportive of students’ self-regulated learning (SRL). There is an urgent need to understand what factors contributed to students’ self-initiated technology use, and how does students’ technology use influence their SRL. Method: This study took place in a midwestern university medical school, which implements a flipped classroom model where students are required to learn independently all the course materials before class. Twenty-six first- and second-year medical students participated in a semi-structured interview about their self-initiated technology use, contributing factors towards technology use, and SRL strategies they adopt in learning. A qualitative description methodology using thematic analysis was used to identify key themes from the interview data. Results: Medical students reported the use of four types of technologies for learning: video resources (supporting rehearsal, elaboration and planning), review resources (supporting rehearsal, effort control, and self-assessment), management tools (supporting organization, elaboration, goal-setting, and time management), and social media (supporting help-seeking and effort regulation). Three key determinants of students’ self-initiated technology use were identified, which were: perceived usefulness, subjective norms, and educational compatibility. Conclusions: By probing medical students’ self-initiated technology use, SRL strategies, and determinants of technology use, this study suggested that in self-directed learning environment, medical students used a variety of third-party resources to facilitate learning and develop necessary learning strategies. This study also provided important implications for medical educators and instructional designers to better support students’ effective use of technologies for learning.


2016 ◽  
Vol 8 (1) ◽  
pp. 19-30
Author(s):  
David López Jiménez ◽  
Andrés Redchuk ◽  
Leonel Alejandro Vargas

Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document. Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin. Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary to good faith or good practices in advertising in conjunction with codes of conduct that have been approved in the field related to the systems of self-regulation.


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