Better Business Regulation in a Risk Society

Name: Better Business Regulation in a Risk Society
Brand: Springer
Price: 96.29 EUR
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Alberto Alemanno Frank den Butter André Nijsen Jacopo Torriti(Editor)

Springer (Publisher)

1st Edition

Published on 14. September 2012

VIII, 328 pages

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978-1-4614-4406-0 (ISBN)

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Intro
Better Business Regulationin a Risk Society
Contents
Contributors
Chapter 1: Introduction
1.1 Perspectives on How to Regulate in the Risk Society
1.2 Risks and Externalities
1.3 Role of Government in a Risk Society
1.4 Purpose of the Book
1.5 Overview of the Book
1.6 Contents
1.6.1 Part I: Social Risks and Business Regulation
1.6.2 Part II: Preconditions for Better Business Regulation and International Coordination
1.6.3 Part III: Theoretical and Measurement Issues Related to Better Business Regulation
References
Part I: Social Risks and Business Regulation
Chapter 2: Risk Governance: Concept and Application to Institutional Risk Management*
2.1 Introduction
2.2 Three Characteristics of Risk Knowledge
2.2.1 Complexity
2.2.2 Scienti c Uncertainty
2.2.3 Sociopolitical Ambiguity
2.3 The Risk Governance Framework
2.3.1 Purpose of Framework
2.3.2 The Pre-assessment Phase
2.3.3 Risk Appraisal Phase
2.3.4 Characterizing and Evaluating Risks
2.3.5 Risk Management
2.3.6 Risk Communication
2.4 Application to Institutional Risk Management
2.4.1 European Food Safety Authority
2.4.2 Health Council of the Netherlands
2.4.2.1 Other Applications
2.5 Conclusions
References
Chapter 3: Regulating the European Risk Society
3.1 The Challenge of Regulating a "Risk Society"
3.2 The Genesis of EU Risk Regulation
3.3 Risk Analysis as the Grundnorm of the EU Risk Regulation Model
3.4 Risk Assessment
3.5 Risk Management
3.5.1 The Results of Risk Assessment
3.5.2 Other Legitimate Factors
3.5.3 Regulatory Impact Assessment
3.5.4 Precautionary Principle
3.5.5 The Proportionality Principle
3.5.6 WTO Risk Principles
3.6 Risk Communication
3.7 Conclusion
References
Chapter 4: The Prospects for Global Climate Change Reform After Copenhagen
4.1 Introduction
4.2 The Problem of Climate Change
4.3 The United Nations Framework Convention on Climate Change
4.3.1 Introduction
4.3.2 Principles
4.3.3 General Commitments
4.3.4 Speci c Commitments for Annex I and Annex II Parties
4.3.5 Conference of the Parties
4.4 The Kyoto Protocol
4.4.1 Overview
4.4.2 Reduction Targets
4.4.3 Emissions Trading
4.4.4 Joint Implementation
4.4.5 Clean Development Mechanism
4.4.6 Evaluating Kyoto
4.5 Post-Kyoto Agreements and Negotiations
4.5.1 The Road to Copenhagen
4.5.2 The Copenhagen Accord
4.5.3 Cancun Agreements
4.6 Global Climate Change Reform and Businesses
4.7 Concluding Remarks
References
Chapter 5: Eight Commandments for Securing Competitive Food Supply Chains in the European Union
5.1 Introduction and Objective
5.2 Eight Options to Improve the Regulatory Environment
5.2.1 Further Reduce Regulatory Burdens 15
5.2.2 Improve the Information on Food Law and Hygiene System Requirements
5.2.3 Integrate the Regulatory "System" of Labelling Requirements
5.2.4 Protect the Rights of All Stakeholders
5.2.5 Restore the Power Balance Between Consumer and Producer
5.2.6 Improve Transparency of Value Added Creation
5.2.7 Streamline Pre-market Approval
5.2.8 Abolish Zero Tolerances
5.2.9 Conclusion and Final Remarks
References
Chapter 6: The Costs of State Intervention in the Financial Sector
6.1 Introduction
6.2 The Rationale for Regulation in General
6.3 Functions, Value and Vulnerabilities of Banks
6.3.1 The Essential Functions of Banks
6.3.2 The Added Value of Banks
6.3.3 The Risky Nature of Banking
6.4 The Case for Banking Supervision
6.4.1 General
6.4.2 The Lender of Last Resort
6.4.3 Supervising Banks
6.5 The Costs of Financial Regulation and Supervision
6.5.1 The Regulatory Laffer Curve
6.5.2 Financial Regulation and Supervision Cost Components
6.6 Selected Case Studies
6.6.1 Deposit Guarantee Schemes
6.6.2 The Dutch DGS: An Illustration
6.6.3 The Economic Impact of the Basel-III Capital Requirements
6.6.4 Liquidity Requirements, Securitizations and Mortgage Rates
6.7 Regulatory Lessons from the Crisis
6.7.1 Regulatory Costs Matter and Should Be Compared with Bene ts
6.7.2 The Regulatory Laffer Curve Is Unlikely to Remain Static
6.8 Conclusions
References
Part II: Preconditions for Better Business Regulation and International Coordination
Chapter 7: The Perspective of Public Sector Economics on Regulation: Transaction Costs and the Agency Model*
7.1 Introduction
7.1.1 General
7.1.2 The Problem
7.2 The Transaction Costs Perspective and the Principal/Agent Model
7.2.1 General
7.2.2 Transaction Cost Economics
7.2.3 The Principal/Agent Perspective on Transaction Costs
7.2.3.1 General
7.2.3.2 Re ection on the Concept of Principle/Agent Costs as Transaction Costs
7.2.3.3 Categorization of Transaction Costs of Government Regulation
7.2.3.4 Calculating the Administrative Burden
7.2.3.5 Case Study on a Speci c Type of Financial Compliance Costs
7.3 The Cost/Bene t Perspective on Government Regulation
7.3.1 General
7.3.2 Bene ts of Government Regulation for Businesses
7.3.3 Bene ts of Government Regulation for Society
7.3.4 What Can the Government Do to Come to "Optimal" Regulation?
7.4 Conclusion
References
Chapter 8: Against the Tide? On the Development of Regulative Costs Over Time in Times of Crisis and Its Possible Impact on Economic Development
8.1 Introduction
8.2 Situation Around 2005
8.3 Development of Regulation Levels, 1998-2010
8.4 Does the Level of Regulation In uence the Pace of Economic Development?
8.5 Hit by the Financial-Economic Crisis: Is the Level of Regulation Important for the Rate of Resilience of Countries?
8.6 Conclusions
Bibliography
Websites
Chapter 9: Internal Pressures-External Safeguards: A Systemic Approach for Burden Reduction in the Netherlands
9.1 Introduction
9.2 Culture: Attitude, Behaviour and Knowledge
9.3 Structure: Covenants
9.4 Synthesis and Conclusion
9.5 Policy Implications
References
Chapter 10: Trust, the Pharmaceutical Industry and Regulators in the UK
10.1 Introduction
10.2 The Three General Functions of Institutional Trust
10.2.1 The Social Function: Trust as a Function of Modernity
10.2.2 The Economic Function: Trust as the Lubricant to Economic Exchange
10.2.3 The Political Function: Trust as Governance
10.3 The Role of the Media
10.3.1 Industry and Its Regulators: Their Relationship
10.4 Applied Functions of Trust
10.4.1 Supervisory
10.4.1.1 Trust as Guarantee of Professionalism Between Scienti c Peers
10.4.1.2 Trust Creates the Onus of Acting Ethically on the Industry in the Areas Beyond the Scope of the Current Regulations
10.4.2 Ef ciency
10.4.3 Enabling
10.4.4 In uence
10.4.5 Cultural/Organisational
10.5 The Problems Endemic in Attempting to Operationalise Trust
10.5.1 Power Struggle Over Scope and Value of Regulation
10.5.2 Resistance to Trust as a Soft Control Mechanism
10.5.2.1 Trust-Building Only Implemented in a Ceremonial Sense
10.5.2.2 Industry Is Institutionalised in Respect to Perpetuating Past Mistakes and Modes of Operating
10.6 Conclusion
References
Chapter 11: From Better to Best Regulation: Towards Competitiveness by Cross-Border Consistency
11.1 Introduction
11.2 Effects of Inconsistent Cross-border Regulation, Enforcement and Oversight in European Economy
11.2.1 What is the Problem with Cross-border Barriers?
11.2.2 Waste Handling and Transportation
11.2.3 Accounting
11.2.4 Health
11.2.5 What is the Effect of the Cross-border Barriers in Europe?
11.3 The Role of "Better Regulation" in Removing Cross-border Barriers in Europe
11.3.1 First Steps: "Mandelkern"
11.3.2 Successive Initiatives
11.3.3 How to Move Towards Cross-border Consistency?
11.4 Europe as a Union of "Conferred Powers" Based on Classical Principles of Legislation: Does a New Principle Fit in?
11.5 Comparing Cross-border Consistency in the US
11.6 Cross-border Consistency in Japan
11.7 Conclusions
References
Chapter 12: World Trade Organization and the Global Risks
12.1 Introduction
12.2 Risks in Global Economy
12.3 World Trade Organization Legislation and Risks in Global Business
12.3.1 GATT Legacy and WTO Principles
12.3.2 WTO and Regulation of Tariffs
12.3.3 New Areas of WTO Risk Regulation
12.4 Non-tariff Barriers and New Risks in Global Trade
12.5 Conclusions
References
Part III: Theoretical and Measurement Issues Related to Better Business Regulation
Chapter 13: Regulatory Policy at the Crossroads: Mapping an OECD Agenda for the Futures
13.1 Introduction
13.1.1 Triggering Factors Shaping Regulatory Reform
13.1.1.1 Evolving Policy Paradigms
13.1.1.2 Reconsidering Public Governance
13.1.1.3 Risk and Regulation
13.1.2 From Maturity to Re-shaping? Regulatory Policy at the Crossroads
13.1.2.1 The Emergence of Regulatory Management
13.1.2.2 The Impact of the Crisis
13.2 The Contribution of the OECD to Date
13.2.1 Developing Principles
13.2.2 Areas of Activity
13.2.2.1 Country Reviews and Indicators of Regulatory Management System
13.2.2.2 Thematic Work
Regulatory Impact Assessment
Risk and Regulatory Policy
Cutting Red Tape: Simplifying Administrative Burdens
Institutional Aspects, Regulatory Oversight and Sectoral Regulators
Multi-level Governance
Global Relations
13.2.2.3 Achievements and Dif culties/Hurdles
13.2.3 The 2010 OECD Regulatory Policy Conference
13.3 Pathways to the Future
13.3.1 Ensuring Effective Governance
13.3.2 The Need for Open Government
13.3.3 International Regulatory Cooperation and Risk Management
13.3.4 Evidence-Based Approaches to Support Proportionate Decisions
13.3.4.1 Towards a Proportionate, Balanced RIA
13.3.4.2 Closing the Policy Cycle: Ex post Evaluation of Regulation
13.4 Conclusions
References
Chapter 14: SCM 2.0: An Argument for a Tailored Implementation
14.1 Introduction
14.2 What's at Stake?
14.2.1 The Relevance of Business Regulation
14.2.2 Lessons Learnt with 10 Years of Implementation of the SCM
14.2.3 From Simple to Complex, Comprehensive RIA Techniques
14.2.4 From Deregulation to Better Regulation
14.3 Lessons Learnt from 10 Years SCM
14.3.1 Introduction
14.3.2 Methodology
14.3.2.1 Introduction
14.3.2.2 The Objective of AB Measurements
14.3.2.3 IO Is Measurement Unit
14.3.2.4 Validity, Reliability and Representativeness
14.3.2.5 Pro le of Standard AAs per IO
14.3.2.6 Business as Usual Costs and Functionality of Legal Obligations
14.3.3 Lack of Success of AB Reduction Programmes
14.3.4 Narrow Scope of the SCM
14.4 Where Does the SCM Stand?
14.4.1 SCM and RIA
14.4.2 SCM and Mainstream of Theories on Public Policymaking
Old Maids and Clover Crop
Sec22_14
14.5 SCM 2.0 in a Risk Society: Towards Controlled Rationality
14.6 Summary and Conclusion
References
Chapter 15: A Tax Regulatory Laffer Curve
15.1 Introduction
15.2 A Theoretical Model for the Causality Between Tax Regulatory Costs and Tax Compliance
15.3 Literature Overview on Tax Regulatory Costs
15.3.1 General Background
15.3.2 Economic De nitions Concerning Tax Regulatory Costs
15.3.2.1 Literature on Compliance Costs and/or Administrative Costs of Taxation
15.3.3 Literature on Optimal Tax Theory
15.4 Concluding Remarks: Re ections on the Regulatory Laffer Curve
15.4.1 General
15.4.2 Integration of All Regulatory Costs into the Laffer Curve Is Necessary
15.4.3 Tax Simplicity and Tax Complexity as a Combining Factor
References
Chapter 16: Sunset Legislation: Theoretical Re ections and International Experiences
16.1 Introduction
16.2 Theoretical Re ections on Sunset Legislation
16.2.1 What Is Sunset Legislation?
16.2.2 Obstacles to Policy Termination
16.2.3 Evaluation
16.3 Empirical Evidence from Three Countries
16.3.1 United States
16.3.2 Australia
16.3.2.1 The Federal State of Victoria
16.3.2.2 The Commonwealth Level
16.3.3 Germany
16.3.3.1 The State Level
16.3.3.2 Federal Level
16.4 The Relevance of Sunset Regulations for Better Regulation and Risk-Based Decision-Making
16.5 Summary and Conclusion
References
Part IV: Concluding Part
Chapter 17: Conclusions
17.1 The Current World Risk Society
17.1.1 The "Why" of Business Risk Regulation
17.1.2 The "What" of Business Risk Regulation
17.2 The Features of Global Risk Regulation
17.3 Complexity and Contagion
17.4 Learning from Multiple World Risk Stories
17.5 Policy Relevance, Limits and Directions for Further Research
References
Appendix A Annex I: Keywords
Appendix B Annex II: Biographs
Bio's Editors: Better Business Regulation in a Risk Society
Bio's Authors

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