Regulating E-Cigarettes: Why Policies Diverge

This paper, part of a festschrift in honor of Professor Malcolm Feeley, explores the landscape of e-cigarette policy globally by looking at three jurisdictions that have taken starkly different approaches to regulating e-cigarettes—the US, Japan, and China. Each of those countries has a robust tobacco industry, government agencies entrusted with protecting public health, an active and sophisticated scientific and medical community, and a regulatory structure for managing new pharmaceutical, tobacco, and consumer products. All three are signatories of the World Health Organization’s Framework Convention on Tobacco Control, all are signatories of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and all are members of the World Trade Organization. Which legal, economic, social and political differences between the three countries explain their diverse approaches to regulating e-cigarettes? Why have they embraced such dramatically different postures toward e-cigarettes? In seeking to answer those questions, the paper builds on Feeley\u27s legacy of comparative scholarship, policy analysis, and focus on law in action

Sociological Practice: The Politics of Identities and Futures

Frame analysis has been often used by scholars studying New Social Movements to analyze their discourses and their ability to mobilise people. This paper refers to the application of 'frame analysis' to a different context, namely to discourses of both social movements and institutional actors in the context of public policy-making. More particularly, the study is concerned with the discourses of social actors who participate in the making of EU environmental policy. The advantages and limitations of frame analysis as a method for analysing discourse in an institutional context are discussed. Two case-studies are used to highlight the pros and cons of the method. First, the competing discourses of environmental organisations, business associations, and EU officials with regard to environmental sustainability and the Fifth Action Programme are examined. The second case study addresses the issue of Trans-European Transport Networks (TEN-Ts) and examines different types of framing of sustainable mobility developed by policy actors. Conclusions are drawn with regard to the contribution of frame theory in the analysis of policy-making processes.Environmental Policy; European Union; Frame Analysis; Qualitative Methods; Sustainable Development; Trans-European Networks