Chapter 35: Regulatory governance
A series of catastrophic regulatory failures has led to a burgeoning literature on regulatory governance – a framework of governance in which non-state actors play an active role in regulatory standards setting, monitoring and enforcement in partnership with or in parallel to state agencies. Under regulatory governance, previous dichotomies between regulator and regulated, public and private, and market and state become blurred, as regulators, firms, third-party certifiers and NGOs partner to achieve regulatory goals. This chapter examines a number of regulatory innovations and, more importantly, explores the limitations of these new tools. The chapter also considers the changing nature of regulatory challenges and explores potential solutions to cope with increased complexity and uncertainty.
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