This article identifies a number of ongoing challenges. It focuses on the means of environmental regulation — the techniques regulators use to reduce pollution. It discusses traditional regulation (often called command-and-control regulation), the economic theory undergirding market-based environmental regulation, and increased use of market mechanisms. This treatment of market mechanisms considers them in an institutional context, showing how a multilevel governance system implements market mechanisms. Market-based instruments have become increasingly important as neoliberalism has advanced. While these instruments provide a cost effective way of realising environmental improvements, they depend on government design and enforcement for their efficacy. A concern that is shared across contributions is that such instruments are increasingly deployed in a complex context of multilevel governance and challenges multiply where market mechanisms traverse national boundaries.
D. Daniel Sokol
This chapter explores compliance in the antitrust context, reviewing both the antitrust and the non-antitrust literatures on compliance and corporate governance to provide a clearer picture of the extant literature and the theoretical and empirical gaps within the antitrust literature to better inform antitrust policy on detecting cartels. This chapter explores the scholarship both within and outside of antitrust to better understand internal detection of wrongdoing and improved compliance in the antitrust cartel context. It explores the organizational environment for antitrust compliance programs, firm and industry indicia that impact antitrust compliance, survey evidence and theoretical models on antitrust compliance, and the use of bounties to encourage compliance.
This chapter outlines the creation and development of the Australian Future Fund (FF), showing how and why policy makers adopted this option to manage the challenges presented by the “good economic fortune” that occurred in Australia from the mid-1990s to 2010. It discusses the politics behind the governing structure of the FF, which is copied from its neighbor, New Zealand. Despite its initial emphasis on independence, political influence was inevitable when selecting and appointing the chairman of the Board of Guardians. The chapter examines the two key issues of “ethical investment” and “ethical operation” and shows the difficult balance of demands between diverse constituents; it identifies the space created by the expectation that the FF will behave in a similar fashion of all profit-maximization investors.
Regulation has been a recurring theme in business history at industry level as well as in case studies of firms and firm dynamics. For banking and finance, the complications of information asymmetry and the systemic importance of banking systems for monetary and economic stability have led to a general consensus that there can be a positive role for regulation and supervision in the banking industry. But there are also important challenges that arise from regulatory competition, moral hazard and regulatory capture. These challenges can be magnified when raised to the regional, international, or global platform. This chapter argues that despite the apparent need for greater coordination of prudential supervision and regulation to ensure a stable global financial system, there has been only limited progress toward practical implementation of these principals at a global level.
Most governments around the world face unrelenting demands for reforms and regulatory improvements — mainly from commentators, regulated organisations, elected representatives, and oversight bodies. As a result, such administrations often seek to deliver ‘better regulation’ through initiatives that are designed to improve the delivery of high quality regulation. Such efforts, however, tend to come up against three central challenges which are discusses in this article. This article looks at responses to these three challenges — which can be referred to as those of: benchmarks, strategies, and measurement. It considers the approaches that have been taken in the literature and in governmental policies and draws attention to a number of ongoing difficulties that are presented by the search for better regulation. The argument presented here is that current approaches involve a number of worrying tensions and contradictions which are of both a philosophical and a practical nature.
Cary Coglianese and Ryan Anderson
This article discusses the influence of environmental law on the environment and the economy. Businesses seek to influence the stringency and design of environmental law by lobbying legislators and officials at environmental agencies. Sometimes business groups play a formal, collaborative role in the development of environmental regulations. The basic types of regulatory design for environment are presented. Environmental law can affect underlying environmental conditions and other policy criteria. The global reach of business in today's economy, combined with the global scope of some of the most salient environmental problems, increasingly creates new challenges for business and environmental law. One set of challenges centers on the complexity of the legal environment within which multinational corporations and other businesses engaged in global transactions must operate. The global nature of some of the most pressing environmental problems has created a related set of challenges linked with achieving international cooperation and coordination.
Although there is a huge literature relevant to the history of relations between the state and business, this article's emphasis on international comparisons (Western Europe, Japan, and the United States) allows a distinct focus to be given to the analysis. The article draws attention to business as an instrument of the geopolitical strategy of governments and of internal social and political unification, as well as to more traditional ideological differences between countries. As a framework for analysis, geopolitical settings and political structures, as a supplement to ideological issues, shed considerable light on international differences in business–state relations. The article looks at two large land masses, the United States and continental Europe, plus two high-income island economies, Japan and Britain.
Mark J. Roe
This chapter introduces a political-institutional perspective and argues that capital markets can function effectively if political institutions support capitalism, especially capitalism of financial markets. It looks at the shape, support, and extent of capital markets, which are usually questioned in the polity. It explains how these questions are settled, which consequentially affects the extent, form, and effectiveness of capital markets. The chapter also studies the main political economy forms shaping capital markets and the modification or replacement of old institutions.
This chapter provides a historical perspective on the relationship between capital markets and sovereign defaults. While the main body of the sovereign debt literature has rarely incorporated supply side factors, such as market distortions or conflicts of interest, we argue that the history of sovereign defaults cannot be understood without including the evolutionary structure of capital markets. The southern European debt crises and the recent controversy surrounding the role of holdouts demonstrate that certain proposals raised in previous default episodes deserve further discussion, in particular, those aiming to deal with problems of collective action, liquidity provision, and information flaws.
Central banks date from the late nineteenth century but the great majority from the twentieth century. They are institutions whose principal purpose is to provide stable monetary and financial conditions, though their functions have varied over time. Claims made for the banks’ powers have often been greater than was merited. This chapter sets out how central banks’ responsibilities arose and how they have been fulfilled. It gives particular attention to something that was almost lost sight of in recent years that of their traditional responsibility for financial stability. Other aspects of central banking are then discussed: the role they might have in supervision/regulation; central bank co-operation has played; and the meaning and desirability of central bank independence.