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Regulatory Theory Foundations and Applications REGULATORY THEORY FOUNDATIONS AND APPLICATIONS REGULATORY THEORY FOUNDATIONS AND APPLICATIONS EDITED BY PETER DRAHOS Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Regulatory theory : foundations and applications / Peter Drahos (editor). ISBN: 9781760461010 (paperback) 9781760461027 (ebook) Subjects: Regulatory Institutions Network. Public administration--Research. Social policy--Research. Australia--Social policy. Other Creators/Contributors: Drahos, Peter, 1955- editor. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. Cover image adapted from ‘Great Rhombihexacron: Elf Moss Splendaria’ by The Playful Geometer, flic.kr/p/bGQYwz. This edition © 2017 ANU Press For John and Valerie Contents Abbreviations . xi Boxes, figures and tables . xix Contributors . xxi Preface . xxvii 1 . Regulation, institutions and networks . 1 Peter Drahos and Martin Krygier Section 1: Social-psychological foundations and methodological issues 2 . Closing the gap between regulation and the community . .. 25 Valerie Braithwaite 3 . Procedural justice and its role in promoting voluntary compliance . 43 Kristina Murphy 4 . Shame in regulatory settings . 59 Nathan Harris 5 . Methodological approaches and considerations in regulatory research . 77 Ibolya Losoncz 6 . Multi-sited fieldwork in regulatory studies . 97 Kathryn Henne Section 2: Theories and concepts of regulation 7 . Types of responsiveness . 117 John Braithwaite 8 . Smart regulation . 133 Neil Gunningham and Darren Sinclair 9 . Meta-regulation . 149 Peter Grabosky 10 . A nodal perspective of governance: Advances in nodal governance thinking . 163 Cameron Holley and Clifford Shearing 11 . Regulation and risk . 181 Fiona Haines 12 . Public accountability: Conceptual, historical and epistemic mappings . 197 Michael W Dowdle 13 . Compliance: 14 questions . 217 Christine Parker and Vibeke Lehmann Nielsen 14 . Legal pluralism: The regulation of traditional medicine in the Cook Islands . 233 Miranda Forsyth Section 3: The state and regulatory transformations 15 . Regulatory globalisation . 249 Peter Drahos 16 . The regulatory state and beyond . 265 Colin Scott 17 . Regulatory capitalism . 289 David Levi-Faur 18 . Time and temporality in global governance . 303 Terence C Halliday 19 . International negotiations . 323 Christian Downie 20 . Transnational non-state regulatory regimes . 339 Natasha Tusikov Section 4: Rights-based regulation 21 . A regulatory perspective on the international human rights system . 357 Hilary Charlesworth 22 . Global governance of labour migration: From ‘management’ of migration to an integrated rights-based approach . 375 Nicola Piper 23 . Regulatory rule of law . 393 Veronica L Taylor 24 . Regulating sex in peace operations . 415 Gabrielle Simm 25 . Holding individuals to account beyond the state? Rights, regulation and the resort to international criminal responsibility . 429 Michelle Burgis-Kasthala Section 5: Crime and regulation 26 . Controlling crime through networks . 447 Russell Brewer 27 . Scaling criminology: From street violence to atrocity crimes . 465 Susanne Karstedt 28 . Experiments in restorative justice . 483 Heather Strang 29 . Prevention of transnational environmental crime and regulatory pluralism . 499 Julie Ayling 30 . Spam and crime . 517 Roderic Broadhurst and Mamoun Alazab 31 . The governance of cyberspace . 533 Lennon YC Chang and Peter Grabosky Section 6: Regulating for health 32 . Scientific evaluation of law’s effects on public health . .. 555 Scott Burris 33 . Governance, regulation and health equity . 573 Sharon Friel 34 . Patients as regulatory actors in their own health care . 591 Judith Healy 35 . The regulation of work health and safety . 611 Elizabeth Bluff Section 7: The regulation of commerce 36 . Consumer protection: A case of successful regulation . .. 633 John TD Wood 37 . Shifting profits and hidden accounts: Regulating tax havens . 653 Gregory Rawlings 38 . Investor–state dispute settlement . 675 Kyla Tienhaara 39 . The networked (agency) regulation of competition . 693 Imelda Maher 40 . Trust, culture and the limits of management-based regulation: Lessons from the mining industry . 711 Neil Gunningham and Darren Sinclair 41 . Urban sustainability and resilience . 725 Jeroen van der Heijden 42 . Environmental regulation and governance . 741 Cameron Holley Section 8: Regulatory futures 43 . Regulating capitalism’s processes of destruction . 761 Peter Drahos Abbreviations ACL Australian Consumer Law ACMA Australian Communications and Media Authority AFCO Australian Federation of Consumer Organisations AFL–CIO American Federation of Labor and Congress of Industrial Organizations AIDB Asian Infrastructure Development Bank ANU The Australian National University APEC Asia-Pacific Economic Cooperation APRA Australian Prudential Regulatory Authority ARC Australian Research Council ASEAN Association of Southeast Asian Nations ATO Australian Taxation Office BIS Bank for International Settlements BIT bilateral investment treaty BVI British Virgin Islands BWI Building and Woodworkers International CAFTA United States–Central America Free Trade Agreement CALEA Communications Assistance for Law Enforcement Act CEO chief executive officer CERT computer emergency response team CETA Comprehensive Economic and Trade Agreement CFC controlled foreign company xi Regulatory THEory: FoundatioNS AND ApplicatioNS CI Consumers International CMA Competition and Markets Authority Codex Codex Alimentarius Commission CSDH Commission on Social Determinants of Health CSO civil society organisation CTSI Centre for Tax System Integrity DNS Domain Name System DPKO Department of Peacekeeping Operations (United Nations) DRC Democratic Republic of the Congo DS datasets ECN European Competition Network ECPA Electronic Communications Privacy Act ECPAT End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes EDR external dispute-resolution EPA Environmental Protection Agency EPAC Economic Planning Advisory Council EU European Union FBA Folke Bernadotte Academy FBI Federal Bureau of Investigation FCC Federal Communications Commission (US) FDI foreign direct investment FGC Family Group Conference FISMA Federal Information Security Management Act FRAND fair, reasonable and non-discriminatory FSC Forest Stewardship Council GCM Global Coalition of Migration GDP gross domestic product GFC Global Financial Crisis xii AbbreviatioNS GFMD Global Forum on Migration and Development Global GAP Good Agricultural Practice GPS global positioning system HCR Human Rights Council HECS Higher Education Contribution Scheme HNWIs high net worth individuals HWIs high wealth individuals IBC international business company/corporation ICANN Internet Corporation for Assigned Names and Numbers ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICL international criminal law ICLEI Local Governments for Sustainability ICN International Competition Network ICSID International Centre for Settlement of Investment Disputes ICSID Convention on the Settlement of Investment Disputes Convention between States and Nationals of Other States ICT information and communications technology ICTs international criminal tribunals ICTU Irish Congress of Trade Unions IFAW International Fund for Animal Welfare IFC international finance centre IHL international humanitarian law IHRL international human rights law IIA international investment agreement ILC International Law Commission xiii Regulatory THEory: FoundatioNS AND ApplicatioNS ILO International Labour Organization IMF International Monetary Fund IMT international military tribunal INPO Institute of Nuclear Power Operations INPROL International Network to Promote the Rule of Law INTERPOL International Criminal Police Organization IO international organisation IOCU International Organisation of Consumers Unions IOM International Organization for Migration IP Internet Protocol IP intellectual property IP logging Internet Protocol logging IPCC Intergovernmental Panel on Climate Change IPR intellectual property rights IPTF International Police Task Force ISDS investor–state dispute settlement ISP internet service provider ITU International Telecommunications Union LEED Leadership in Energy and Environmental Design LG The Limits to Growth MAI multilateral agreement on investment MPAA Motion Picture Association of America NAFTA North American Free Trade Agreement NATO North Atlantic Treaty Organization NEG new environmental governance NGO non-governmental organisation NRC Nuclear Regulatory Commission NSW New South Wales ODA official development assistance xiv AbbreviatioNS OECD Organisation for Economic Co-operation and Development OECD-DAC Organisation for Economic Co-operation and Development’s Development Assistance Committee OFC offshore finance centre OHCHR Office of the United Nations High Commissioner for Human Rights OHS occupational health and safety OPEC Organization of the Petroleum Exporting Countries OSCE Organization for Security and Co-operation in Europe PCBU person conducting a business or undertaking
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