Regulating in Global Regimes

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Title: Regulating in Global Regimes
Authors: Scott, Colin
Permanent link: http://hdl.handle.net/10197/6775
Date: 2011
Abstract: An increased emphasis on global regulation is a response to the recognition of economic, social and cultural interdependence between the world’s nations and peoples. Policy problems as diverse as reckless behaviour by financial institutions, exploitation of sweat-shop labour in emerging economies, and the threat of climate change present collective action problems which cannot be resolved through the deployment of the state’s authority, capacity and legitimacy alone. Global regulatory regimes which have emerged to address these issues are frequently characterised by participation of both governmental and non-governmental organisations. The chapter addresses concerns about coherence, effectiveness and legitimacy of such regimes. I suggest that a degree of fragmentation is inevitable and may bolster both effectiveness and legitimacy through the enrolment of a wider range of instruments and actors. The analysis of effectiveness highlights the significance of contractual mechanisms, alongside more traditional legal and soft law instruments for regulating. The issue of legitimacy highlights problems created by the mix of instruments and actors within global regulatory regimes and the ways in which actors involved seek to manage their legitimacy. The chapter concludes that further adaptation to the inevitably fragmented and hybrid character of global regulatory regimes might further exploit the potential of broad proceduralization to engage actors involved both in a degree of learning and of self-determination as central aspects of such regimes.
Type of material: Book Chapter
Publisher: Edward Elgar Publishing
Copyright (published version): 2011 Edward Elgar Publishing
Keywords: Regulation;Global governance
DOI: 10.4337/9780857936110.00060
Language: en
Status of Item: Peer reviewed
Is part of: Levi-Faur, D. (ed.). Handbook on the Politics of Regulation
Appears in Collections:Law Research Collection

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