Non-Governmental Organisations in international regulation: Lessons from certification schemes

The decentralisation and globalisation of regulation has opened up new kinds of regulatory activities to new kinds of actors. Certification schemes as regulatory tools and Non-Governmental Organisations (NGOs) as regulators are two such examples. NGOs have their own set of regulatory capabilities which can be utilised to address some of the difficulties that occur in regulating across nations. At the international level, there is a strong case to be made for collaborative regulation to exploit the regulatory capacities of NGOs and other non-state actors. Certification schemes are often collaborative, and they exploit market mechanisms to further social agendas. NGO regulation is not without its pitfalls, as there are issues with accountability and effectiveness. Certification schemes as a regulatory tool have their own problems, with questions about the effectiveness of the schemes, problems with supply and demand, and the negative impact of fragmentation. This paper illustrates the potential of certification schemes, but it also argues that that potential is not being realised

Risk, human rights and the management of a serious sex offender

Risk and human rights discourses have become dominant features of the UK criminal justice arena. However, there has been little critical scrutiny of the ways in which these discourses relate to each other. In this article, I focus on different accounts of the case of Anthony Rice, a 48-year old ex-offender who committed a murder in August 2005 whilst under the joint supervision of English probation and police services. Drawing upon official reviews by the Inspectorate of Probation and the UK Parliament Joint Committee on Human Rights, as well as media coverage, I use the Rice case to problematise some common assumptions about the relationship between risk and human rights

Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Sumber Daya Alam

In ius constitutum of Natural Resources, the liability of corporate criminal, in any case, has been set in fve laws. First, fsheries and forestry law have similar formulation that corporations act as makers–undertakers are convicted. Second, plantation law, corporations act as makers –the corporations are convicted. Third, environmental law, corporations as makers –the corporation and the orderer are convicted. Fourth, mineral and coal mining law, corporations as makers –the board and the corporation are convicted. Indeed, there are inconsistencies in the regulation of corporate criminal liability in natural resources sector resulting in legal uncertainty.IntisariDalam ius constitutum SDA, paling tidak pertanggungjawaban pidana korporasi diatur oleh lima undangundang. Pertama UU perikanan dan kehutanan memiliki rumusan yang sama bahwa korporasi sebagai pembuat–pengurus dipidana. Kedua, UU perkebunan, korporasi sebagai pembuat–korporasi dipidana. Ketiga, UU lingkungan hidup, korporasi sebagai pembuat–korporasi dan orang yang memberi perintah dipidana. Keempat, UU minerba, korporasi sebagai pembuat–pengurus dan korporasi yang dipidana. Tegasnya ada inkonsistensi dalam pengaturan pertanggungjawaban pidana korporasi di sektor SDA sehingga menimbulkan ketidakpastian hukum

Management-Based Regulation

Environmental regulators have embraced management-based regulation as a flexible instrument for addressing a range of important problems often poorly addressed by other types of regulations. Under management-based regulation, regulated firms must engage in management-related activities oriented toward addressing targeted problems—such as planning and analysis to mitigate risk and the implementation of internal management systems geared towards continuous improvement. In contrast with more restrictive forms of regulation which can impose one-size-fits-all solutions, management-based regulation offers firms greater operational choice about how to solve regulatory problems, leveraging firms’ internal informational advantage to innovate and search for alternative measures to achieve the intended results more cost-effectively. Drawing on both illustrative cases of management-based regulation and on available empirical research, this chapter explains management-based regulation’s relative advantages and disadvantages as well as the likely conditions for its effective use

Attempts to Dodge Drowning in Data. Rule- and Risk-Based Anti Money Laundering Policies Compared

Both in the US and in Europe anti money laundering policy switched from a rule- to a risk-based reporting system in order to avoid over-reporting by the private sector. However, reporting increased in most countries, while the quality of information decreased. Governments drowned in data because private agents feared sanctions for not reporting. This ``crying wolf'' problem. (Takats 2007) did not happen in the Netherlands, where the number of reports diminished but information quality improved. Reasons for this can be found in differences in legal institutions and legal culture, notably the contrast between US adversarial legalism and Dutch cooperative informalism. The established legal systems also provide for resistance to change. Thus lowering sanctions in order to reduce over-reporting may not be a realistic option in a legal system which traditionally uses deterrence by fierce criminal and private legal sanctions. Furthermore, a risk-based approach may not be sustainable in the long run, as litigation may eventually replace a risk-based approach again by a rule-based one, now with precise rules set by the courts.money laundering, anti money laundering policy, risk based regulation, rules, standards, comparison of legal systems, tort law

Frontline safety: understanding the workplace as a site of regulatory engagement

The concept of frontline safety encapsulates an approach to occupational health and safety that emphasizes the 'other side of the regulatory relationship' – the ways in which safety culture, individual responsibility, organizational citizenship, trust, and compliance are interpreted and experienced at the local level. By exploring theoretical tensions over the most appropriate way of conceptualizing and framing frontline regulatory engagement, we can better identify the ways in which conceptions of individuals (as rational, responsible, economic actors) are constructed and maintained through workplace interactions and decision-making, as part of the fulfilment of the ideological and constitutive needs of neoliberal labor markets

Meta-regulation approach of law: A potential legal strategy to develop socially responsible business self-regulation in least developed common law countries

In the corporate regulation landscape, 'meta-regulation' is a comparatively new legal approach. The sketchy role of state promulgated authoritative laws in pluralized society and scepticism in corporate self-regulation's role have resulted in the development of this legal approach. It has opened up possibilities to synthesize corporate governance to add social values in corporate self-regulation. The core of this approach is the fusion of responsive and reflexive legal strategies to combine regulators and regulatees for reaching a particular goal. This paper argues that it is a potential strategy that can be successfully deployed to develop a socially responsible corporate culture for the business enterprises, so that they will be able to acquire social, environmental and ethical values in their self-regulation sustainably. Taking Bangladeshi corporate laws as an instance, this paper also evaluates the scope of incorporating this approach in laws of the least developed common law countries in general

Recent Books

A list of books recently received by the Michigan Law Review