regulatory failure
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2022 ◽  
Vol 11 (1) ◽  
Author(s):  
William A. Kerr ◽  
Jill E. Hobbs

Abstract Background On an individual level, food security has multiple dimensions and consumers exhibit heterogeneity in the extent to which different attributes matter in their quest for enhanced food security. The aim of this paper is to explain how the quest for individual food security arises and its dynamic nature and its implications for how food security-enhancing attributes are defined and how they are signaled, and for the role of regulators and food supply chains in establishing credible signals. Results The paper finds that the quest for enhanced individual food security is a dynamic process that responds to the disequilibrium that change brings. The changing role of standards and grades as signals in food markets is discussed as a precursor to considering the implications for both market and non-market (regulatory) failure in determining the appropriate role for the public sector in regulating food safety and quality standards and labeling. The rise of private standards is examined, along with a consideration of how these standards differ in terms of scope and objective and their implications for international trade in increasingly globalized food supply chains. Conclusions Despite the growth of private standards, a clear role remains for mandatory public standards, yet challenges arise when these standards differ across countries.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammad Moniruzzaman

PurposeDebate is growing around the expansion of risk-based regulation. The regulation scholarship provides evidence of regulatory failure of the risk-based approach in different domains, including financial regulation. Therefore, this paper aims to provide cautionary evidence about the risk of regulatory failure of risk-based strategy in the financial regulation while using enterprise risk management (ERM) as a meta-regulatory toolkit.Design/methodology/approachBased on interview data gathered from 30 risk managers of banks and five regulatory personnel, combined with secondary data, this study mainly explores the challenges for meaningful use of ERM based self-regulation in regulated banks. The evidence helps to assess the risk of regulatory failure of the risk-based regulation while using ERM.FindingsThe evidence reflects that regulated banks face diverse challenges arising from both peripheral and internal environments that limit the true internalization of ERM-based self-regulation. Despite this, the regulator uses this self-regulation as a meta-regulatory toolkit under the risk-based regulation to achieve the regulatory aims. However, the lack of true internalization of ERM based self-regulation is likely to raise the risk of regulatory failure of risk-based regulation to achieve the regulatory goals. Risk-based regulation is an evolving strategy in the regulatory regime. Therefore, care should be taken while using ERM as a regulatory toolkit before relying on it substantially.Originality/valueThe paper provides empirical insights about the challenges for effective use of ERM as a meta regulatory toolkit that might be useful practically both to the regulators and regulated firms.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Sharon Dolovich

When the state incarcerates, it assumes an affirmative, non-negotiable obligation to keep people in prison safe and to provide for their basic needs. In the United States, the three branches of government—legislative, executive, and judicial—are in theory collectively responsible for making certain that this obligation is fulfilled. In practice, the checks and balances built into the system have failed to ensure even minimally decent carceral conditions. This review maps this regulatory failure. It shows that, in all branches of government, rather than policing prison officials, the relevant institutional actors instead align themselves with the officials they are supposed to regulate, leaving people in custody unprotected and vulnerable to abuse by the very actors sworn to keep them safe. This pattern is no accident. It reflects a palpable normative hostility and contempt toward the incarcerated, an attitude with deep roots in the virulent race hatred endemic to the American carceral project from its earliest days. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Geoff Bertram

This article explains pervasive regulatory failure, lagging productivity, and the corporate capture of policy and policymakers as possibly unintended, but not unpredictable, outcomes of the New Zealand Treasury’s radical adoption during the 1980s of public choice and Chicago school doctrines. With deregulation and a limited role of government written into statutes and embodied in regulatory practice, the pathologies identified and described by Buchanan, Tullock, Stigler and their collaborators became more, rather than less, prevalent in the New Zealand regulatory landscape. Privatisation opened the way for looting; the Commerce Act and new regulatory guidelines enabled rather than blocked anticompetitive practices and monopolistic renttaking; relaxed oversight meant that foreign direct investment became more extractive and less productive. From relatively inclusive politics and strong regulatory enforcement, New Zealand shifted towards more extractive institutions and weaker regulation. As a result, market power is exercised by the current business and financial elite in ways that have worsened wealth and income distributions, imposed deadweight burdens (both static and dynamic) on the economy, and now confront policymakers with roadblocks to achieving more inclusive institutions and pursuing a ‘wellbeing’ agenda.


2021 ◽  
Vol 14 ◽  
Author(s):  
Nicholas Peoples ◽  
Candace Strang

Complement, a feature of the innate immune system that targets pathogens for phagocytic clearance and promotes inflammation, is tightly regulated to prevent damage to host tissue. This regulation is paramount in the central nervous system (CNS) since complement proteins degrade neuronal synapses during development, homeostasis, and neurodegeneration. We propose that dysregulated complement, particularly C1 or C3b, may errantly target synapses for immune-mediated clearance, therefore highlighting regulatory failure as a major potential mediator of neurological disease. First, we explore the mechanics of molecular neuroimmune relationships for the regulatory proteins: Complement Receptor 1, C1-Inhibitor, Factor H, and the CUB-sushi multiple domain family. We propose that biophysical and chemical principles offer clues for understanding mechanisms of dysregulation. Second, we describe anticipated effects to CNS disease processes (particularly Alzheimer's Disease) and nest our ideas within existing basic science, clinical, and epidemiological findings. Finally, we illustrate how the concepts presented within this manuscript provoke new ways of approaching age-old neurodegenerative processes. Every component of this model is testable by straightforward experimentation and highlights the untapped potential of complement dysregulation as a driver of CNS disease. This includes a putative role for complement-based neurotherapeutic agents and companion biomarkers.


2021 ◽  
Vol 13 (4) ◽  
pp. 1992
Author(s):  
Di Johnson ◽  
John Rodwell ◽  
Thomas Hendry

Fee-based Buy-Now-Pay-Later services (BNPL) are becoming widely adopted in many developed countries, including Australia. Across a variety of regulatory approaches there appears to be relatively minimal regulatory coverage of fee-based BNPL. This review applies a results-oriented, behaviourally informed market failure approach to assess the regulatory outcomes of fee-based BNPL. The review makes the case that the impacts of the regulation of fee-based BNPL in Australia demonstrate multiple forms of regulatory failure. The regulatory failure is particularly due to regulatory capture at a broad level and especially in terms of a lack of consumer protections. Consumers may particularly need consideration and protection because understanding the increasing complexity and financial knowledge at the heart of many fintech services is beyond the capability or responsibility of the consumer. Incorporating social and consumer considerations into analyses of regulatory structures can enable analyses of the regulation of fintech and move financial services regulation toward providing more socially useful and sustainable financial services. In the future, a behaviourally informed approach to the regulation of fintech may be beneficial and enhance sustainability.


2021 ◽  
Vol 12 ◽  
Author(s):  
Agnieszka Popławska ◽  
Ewa Szumowska ◽  
Jakub Kuś

In the digital world of today, multitasking with media is inevitable. Research shows, for instance, that American youths spend on average 7.5 h every day with media, and 29% of that time is spent processing different forms of media simultaneously (Uncapher et al., 2017). Despite numerous studies, however, there is no consensus on whether media multitasking is effective or not. In the current paper, we review existing literature and propose that in order to ascertain whether media multitasking is effective, it is important to determine (1) which goal/s are used as a reference point (e.g., acquiring new knowledge, obtaining the highest number of points in a task, being active on social media); (2) whether a person's intentions and subjective feelings or objective performance are considered (e.g., simultaneous media use might feel productive, yet objective performance might deteriorate); and finally (3) whether the short- or long-term consequences of media multitasking are considered (e.g., media multitasking might help attain one's present goals yet be conducive to a cognitive strategy that leads to lesser attentional shielding of goals). Depending on these differentiations, media multitasking can be seen as both a strategic behavior undertaken to accomplish one's goals and as a self-regulatory failure. The article integrates various findings from the areas of cognitive psychology, psychology of motivation, and human-computer interaction.


2020 ◽  
Vol 5 (21) ◽  
pp. 182-190
Author(s):  
Noraniza Yusoff

Development in the world can be influenced through several mediums such as interaction with policymakers, international aid programs, and international regulations. The compliance of countries in the world with international rules can reduce the negative impact on development in the countries. The question of regulatory failure highly occurred in less developed countries associated with imperfect regulatory models. In addition, coordination of the development sector in the aspects of human morality related to regulation can help overcome the problem of poverty and is a meso approach focused globally as well as on individual companies. Therefore, this concept paper aims to analyse global development and regulation in European and Asian countries. Research shows that there are various solutions to regulatory capability problems experienced by developing countries such as code and standard implementation incentives during market pressures and voluntary schemes to provide reliable and standardized information. Thus, the government plays a role in establishing social goals, focusing on the freedom of civil society, planning and governing the country, enhancing the progress of the country, and producing effective rules. Regulation in administration and development has an important impact on administrative and development procedures because regulation can be defined as effective once the desired effect has been achieved as well as the general interest that creating the desired regulation and function regulatory. In addition, rights-based human resource management can create redistribution and development in the dual economy which causes the rules of consumption to produce rent that can finance the allocation of labour for resource-free production.


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