Myriam Senn

Non-State Regulatory Regimes

pp. 1-3 This study explores the understanding of the concept of regulation. The purpose is to approach forms of ordering different from state regulation or non-state regulatory regimes. The main premise lies in the recognition that regulation does not only mean state regulation or the product of a state activity as legitimated authority. On the contrary, it is based on the assumption that regulation is also a domain of civil society. Regulation occurs in many spheres. Diverse regulatory regimes can be encountered. They lead to a fragmentation of regulation whereas the phenomenon of globalization adds to that process. Not surprisingly, we are now experiencing a considerable growth in academic studies on regulation in a range of fields: international relations, political science, law, sociology, or also economics. International organizations such as the OECD and other authorities analyze the process of regulation and may submit proposals for ‘better regulation’ or alternatives to regulation that may represent adequate forms of governance. Chapter 1 – On Regulation Abstract pp. 5-47 The chapter deals with the concept of state regulation. Its goal is to set the scene to introduce the core of the topic. Departing from the concept of state regulation assuming the form of classic command and control regulation, it first explores the rationales underlying it. Then, the impact of public policy issues and the debate on whether and how to regulate are discussed. The public theories underlying regulation are briefly cited and the role of the institutions involved in the process of regulation is examined. Based on these elements, the concept of regulation is broadened through the elaboration of the decentred analysis of regulation. It is no more understood solely in the sense of a state activity. A meta-regulatory approach is possible. Fragmentation and legal pluralism are the hallmark of regulation. Within that enlarged framework, autonomous regimes and alternative forms of regulation will appear.pp. 5-47 The chapter deals with the concept of state regulation. Its goal is to set the scene to introduce the core of the topic. Departing from the concept of state regulation assuming the form of classic command and control regulation, it first explores the rationales underlying it. Then, the impact of public policy issues and the debate on whether and how to regulate are discussed. The public theories underlying regulation are briefly cited and the role of the institutions involved in the process of regulation is examined. Based on these elements, the concept of regulation is broadened through the elaboration of the decentred analysis of regulation. It is no more understood solely in the sense of a state activity. A meta-regulatory approach is possible. Fragmentation and legal pluralism are the hallmark of regulation. Within that enlarged framework, autonomous regimes and alternative forms of regulation will appear. Chapter 2 – An Approach to Autonomous Regulatory Regimes Abstract pp. 49-107 The chapter represents the core of the theoretical part of the study. Its objective is to seize the characteristics leading to the emergence of autonomous regulatory regimes. These alternative forms of regulation are common. They correspond to distinctive, modern systems of interest representation. The chapter approaches the basics of these regulatory regimes. It first discusses how alternative forms of regulation interact within the existing state regulatory framework. A distinction is made between thepp. 49-107 The chapter represents the core of the theoretical part of the study. Its objective is to seize the characteristics leading to the emergence of autonomous regulatory regimes. These alternative forms of regulation are common. They correspond to distinctive, modern systems of interest representation. The chapter approaches the basics of these regulatory regimes. It first discusses how alternative forms of regulation interact within the existing state regulatory framework. A distinction is made between the possible inclusion of these regimes in state regulatory concepts and the opposite, their emergence from civil society. The next characteristic considered is the functional and historical dimension. The core of the chapter concentrates on institutional structure. It is argued that the source of alternative forms of regulation is the theory of interest. Regulatory regimes always emerge from collective action. With the formalization of the relationships these regimes acquire another quality. Thus, different aspects of institutional structures of these regimes are discussed. Chapter 3 – Case Studies

Governing Environmental Issues Through Indicators

The chapter explores the role played by indicators in relation to the protection of the environment. It tries to seize the potential they offer to steer global environmental issues. Indeed, indicators are a salient mean to quantify, measure and assess all kind of developments. Designed by either public or private actors, their characteristics and the delineation of their features are determining to ensure their validity, effectiveness and reliability. Their impact is the result of several intertwined features: their scientific basis, use as policy and governance instruments, role as auditing practice and as regulatory measure.

The Recognition of Foreign Administrative Acts in Switzerland

The article describes the legal situation regarding the recognition and treatment of foreign administrative acts in Switzerland. It points to the current practice and grapples with issues such as the use of electronic means or the application of international conventions.

An Approach to Autonomous Regulatory Regimes

The chapter represents the core of the theoretical part of the study. Its objective is to seize the characteristics leading to the emergence of autonomous regulatory regimes. These alternative forms of regulation are common. They correspond to distinctive, modern systems of interest representation. The chapter approaches the basics of these regulatory regimes. It first discusses how alternative forms of regulation interact within the existing state regulatory framework. A distinction is made between the possible inclusion of these regimes in state regulatory concepts and the opposite, their emergence from civil society. The next characteristic considered is the functional and historical dimension. The core of the chapter concentrates on institutional structure. It is argued that the source of alternative forms of regulation is the theory of interest. Regulatory regimes always emerge from collective action. With the formalization of the relationships these regimes acquire another quality. Thus, different aspects of institutional structures of these regimes are discussed.

Decentralisation of economic law: an oxymoron

The interest in decentralising governance is increasing worldwide. In Europe too, a policy of decentralisation is being applied. In economic law, notably in both the cases of EC competition and financial services law, new rules are in the process of being introduced. In competition law, the regulation on the implementation of the rules on competition has lead to a decentralised model of law enforcement. In financial services law, the directive on markets in financial instruments has proposed the introduction of a four-level rule-making model, which may represent a participative, decentralised approach, but has resulted in a centralisation of that process, while the enforcement remains decentralised. This essay provides a brief overview of these models of regulation. Then, it examines these regulatory structures and focuses on the question of the impact of the decentralisation process in the context of decentred understandings of regulation. It points to the paradox of law being decentralised where it is a centralised function and thus represents an oxymoron. The paper argues that decentralisation results in an oxymoron depending on the function of law considered. The overall purpose of the paper is to contribute to a better understanding of governance through decentralisation.