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The purpose of this paper is to introduce a tool for the international comparative analysis of regulatory regimes in the field of building regulation.
Abstract
Purpose
The purpose of this paper is to introduce a tool for the international comparative analysis of regulatory regimes in the field of building regulation.
Design/methodology/approach
On the basis of a heuristic model drawn from regulatory literature, a typology of building regulatory regimes is introduced. Each type is illustrated with a number of real‐life examples from North America, Europe, and Australia.
Findings
Governments worldwide have introduced building regulatory regimes with a variety of designs. On an abstract level, these designs are shown to have a comparable pattern. This pattern is utilised to draw up a typology of regime‐designs that can be placed on a sliding scale, with a “pure public regime” at the one end and a “pure private regime” at the other. Intermediate regimes display characteristics of both.
Originality/value
The comparative analysis of different regimes assists policy makers by demonstrating which combinations of regulatory characteristics can provide the best results in particular instances. The typology introduced by the paper assists this process by providing a tool for systematic analysis of complex real‐life cases.
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Asa Malmstrom Rognes and Mats Larsson
The purpose of this study is to examine whether regulations can prevent financial crises based on the case of Sweden in the 20th century. The evolution of banking regulation…
Abstract
Purpose
The purpose of this study is to examine whether regulations can prevent financial crises based on the case of Sweden in the 20th century. The evolution of banking regulation relies heavily on learning across borders as well as responding to recent and remembered crises. Sweden went from being an open economy with a highly protected national banking system with several banking crises under the Classical regime, through the Statist regime with no crises followed by abrupt liberalisation in the 1980s as the country changed to a more market-based regime. This study examines the regulatory responses to crises in each of these periods to assess how, and whether, an often backward-looking regulatory framework can address forward-looking risks.
Design/methodology/approach
This study is a qualitative study using a historical method. The authors use archival material, official publications and statistical data as well as secondary literature to succinctly analyse crises and regulatory responses in different regulatory regimes in the 20th century. The theoretical framework builds on three macro- and microeconomic policy regimes, the Classical, the Statist and the Market regime.
Findings
The authors find that regulations can play a decisive role in alleviating a banking crisis, but the relationship between regulations and economic development is complex, and regulations alone cannot prevent a crisis.
Originality/value
To the best of the authors’ knowledge, this is the first longitudinal study of banking regulations in Sweden and how these change in response to crises with the aim of improving the role of banks in financial intermediation and financial stability. This study contributes to a body of literature on financial crises with a long-term perspective and an assessment of regulations as a policy response.
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Socially responsible investment (SRI) engagement currently performs a variety of supportive regulatory functions such as reframing norms, establishing dialogue and providing…
Abstract
Purpose
Socially responsible investment (SRI) engagement currently performs a variety of supportive regulatory functions such as reframing norms, establishing dialogue and providing resources to improve performance, however corporate responses are voluntary. This chapter will examine the potential gains in effectiveness for SRI engagement in a responsive regulatory regime.
Approach
Global warming is a pressing environmental, social and governance (ESG) issue. By using the example of climate change the effectiveness of SRI engagement actors and the regulatory context can be considered. This chapter builds the conceptual framework for responsive regulation of climate change.
Findings
SRI engagement may face resistance from corporations due to its voluntary nature and conflict with other goals. Legitimacy and accountability limit the effectiveness of SRI engagement functioning as a voluntary regulatory mechanism. This chapter argues that the effectiveness of SRI engagement on climate change could be enhanced if it served as part of a responsive regulation regime.
Practical implications
Engagement is used by SRIs for ESG issues. A comprehensive regulatory regime could enhance corporate adaptation to climate change through increasing compliance with SRI engagement. The implication for SRI practitioners is that lobbying for a supportive regulatory regime has a large potential benefit.
Social implications
Responsive regulatory policy involves both support and sanctions to improve compliance, enhancing policy efficiency and effectiveness. There are potentially large net social benefits from utilising SRI engagement in a regulatory regime.
Originality of chapter
In seeking to re-articulate voluntary and legal approaches this research addresses a gap in the literature on climate change regulation.
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The first of a series of three articles which map the dimensions and evolution of academic regulation in the UK. Argues that regulation is an important and substantial concept and…
Abstract
The first of a series of three articles which map the dimensions and evolution of academic regulation in the UK. Argues that regulation is an important and substantial concept and set of activities which is far more comprehensive in scope and substance than the concept of quality assurance which it subsumes; that it involves the act of regulating (controlling and adjusting behaviour and practice against explicit or implicit rules) and the state of being regulated (practising within a framework of rules and accepted professional norms). Describes three basic types of regulatory regime ‐ self‐regulation, external regulation and mixed regimes ‐ and concludes that the size, complexity, diversity, history, public investment and interests in the UK higher education sector make it necessary to operate a mixed regime which incorporates elements of both external regulation and institutional self‐regulation. When viewed at the system level, the continuous interaction of external regulators with HE institutions, which have considerable autonomy over their internal regulatory mechanisms, is consistent with the concept of collaborative regulation (where co‐operation is both voluntary and mandatory).
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This paper analyses the stalling of the Doha Development Agenda (DDA) and its systemic and institutional consequences through a geopolitical economy approach that integrates the…
Abstract
This paper analyses the stalling of the Doha Development Agenda (DDA) and its systemic and institutional consequences through a geopolitical economy approach that integrates the French school of international economic relations and Régulation Theory. These approaches put states and their economic roles at the fore, correcting dominant free trade approaches to world trade. The paper also avoids monocausal explanations for trade talk deadlocks and aims to provide a comprehensive approach on the co-evolution of world trade patterns and its institutions. In this approach, the DDA stalemate is traced to an institution-structure mismatch in how states articulate their accumulation strategies and institutions (competition, state regulation, adhesion to international regime) to the World Trade Organization (WTO) regime occasioned by the emergence of new trade powers. This has given rise to three distinct conflicts in how member states navigate between the main parameters of the multilateral trading system (non-discrimination, reciprocity and balance of power) and their national accumulation strategies: the erosion of non-discrimination and reciprocity; the failure to build an operational compromise between development and ‘globalization’, that is, between multilateral openness and new trade and power balances; and the difficulty in reaching a compromise between historical and emerging capitalisms. The outcome of these conflicts will determine the institutional configuration of the post-Doha WTO agenda.
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Wenxiang Sun, Jisheng Peng, Juelin Ma and Shihong Wang
The purpose of this paper is to prove that the technology that customers accept is sometimes not the most advanced, but backward, and to explain why different technologies could…
Abstract
Purpose
The purpose of this paper is to prove that the technology that customers accept is sometimes not the most advanced, but backward, and to explain why different technologies could coexist under certain market situations and government regulations.
Design/methodology/approach
A general model was developed to analyze choice of technology regime under evolution of market demand and government regulation led by evolutionary economics.
Findings
Market demands and government regulations can affect the change of technology regime deeply, regardless of the level of certain technology. With the change of environment factors which affect China's mobile phones technological evolution, this paper testifies to the rationality and inevitability of PHS's market success and indicates that government regulations would impact the technological choice and lead to some technology market success, but it would lead to low efficiency of resources allocation.
Originality/value
The paper provides an instrument for analyzing the co‐evolution of market demand, government regulation and technology regime.
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Ravinder Kumar Verma, P. Vigneswara Ilavarasan and Arpan Kumar Kar
Digital platforms (DP) are transforming service delivery and affecting associated actors. The position of DPs is impacted by the regulations. However, emerging economies often…
Abstract
Purpose
Digital platforms (DP) are transforming service delivery and affecting associated actors. The position of DPs is impacted by the regulations. However, emerging economies often lack the regulatory environment to support DPs. This paper aims to explore the regulatory developments for DPs using the multi-level perspective (MLP).
Design/methodology/approach
The paper explores regulatory developments of ride-hailing platforms (RHPs) in India and their impacts. This study uses qualitative interview data from platform representatives, bureaucrats, drivers, experts and policy documents.
Findings
Regulatory developments in the ride-hailing space cannot be explained as a linear progression. The static institutional assumptions, especially without considering the multi-actors and multi-levels in policy formulation, do not serve associated actors adequately in different times and spaces. The RHPs regulations must consider the perspective of new RHPs and the support available to them. Non-consideration of short- and long-term perspectives of RHPs may have unequal outcomes for established and new RHPs.
Research limitations/implications
This research has implications for the digital economy regulatory ecosystem, DPs and implications for policymakers. Though the data from legal documents and qualitative interviews is adequate, transactional data from the RHPs and interviews with judiciary actors would have been insightful.
Practical implications
The study provides insights into critical aspects of regulatory evolution, governance and regulatory impact on the DPs’ ecosystem. The right balance of regulations according to the business models of DPs allows DPs to have space for growth and development of the platform ecosystem.
Social implications
This research shows the interactions in the digital space and how regulations can impact various actors. A balanced policy can guide the paths of DPs to have equal opportunities.
Originality/value
DP regulations have a complex structure. The paper studies regulatory developments of DPs and the impacts of governance and controls on associated players and platform ecosystems.
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Jagan Krishnan, Jayanthi Krishnan and Sophie Liang
The Dodd–Frank Act of 2010 exempts small, non-accelerated filers from compliance with Sarbanes–Oxley Act (SOX) Section 404b internal control audits. However, these firms are…
Abstract
Purpose
The Dodd–Frank Act of 2010 exempts small, non-accelerated filers from compliance with Sarbanes–Oxley Act (SOX) Section 404b internal control audits. However, these firms are required to comply with other internal control regulations, namely, SOX Sections 302 and 404a, starting in 2002 and 2007, respectively. A small number of these firms also voluntarily adopted (and sometimes dropped) Section 404b during 2004-2010. The purpose of this study is to investigate the impact of a series of internal control regulations introduced by SOX on the financial reporting quality of small firms.
Design/methodology/approach
The research design for this study is empirical. Using unsigned and signed discretionary accruals as measures of financial reporting quality, the authors compare the financial reporting quality for adopters and non-adopters across four regulation regimes over the period 2000-2010: PRESOX, SOX 302, SOX 404a and SOX 404b.
Findings
The results indicate that most of the adopters and non-adopters benefited from SOX 302 and 404a compared with the PRESOX period. However, only the non-adopters gained incrementally when moving from SOX 302 to SOX 404a. Also, Section 404b benefited firms with material weaknesses, as well as firms without material weaknesses that had the lowest reporting quality, in the PRESOX period.
Research limitations/implications
This study helps inform the important policy debate on whether to increase the threshold that is used for the SOX 404b exemption. It shows incremental benefits for firms that adopted Section 404b audits, even when they were complying with Section 302 and Section 404a. Consequently, extending the exemption to more companies would result in a loss of the reporting quality benefit of 404b.
Originality/value
This study contributes to the literature by focusing exclusively on non-accelerated filers and by examining differences across four regulation regimes over a long window compared to prior studies. It provides evidence that the financial reporting benefit of SOX 404b is not transitional, but rather extends for a few years even after some firms discontinued the 404b audits.
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Andrew G. Parsons and Christoph Schumacher
The purpose of this paper is to examine the regulation of advertising by considering market‐driven firms (those seeking to keep within the boundaries set by social and industry…
Abstract
Purpose
The purpose of this paper is to examine the regulation of advertising by considering market‐driven firms (those seeking to keep within the boundaries set by social and industry norms) and market drivers (those seeking to stretch boundaries to gain a competitive advantage). Thought is also given to the costs of regulation and tolerance to the social purse, and the benefits gained by compliance and violation.
Design/methodology/approach
The authors develop a conceptual argument for boundary stretching where market drivers are present in a marketplace dominated by market‐driven firms. The authors then apply a game theory model to examine the conditions, the firm responses, and Government responses. In doing so the authors investigate incentives for non‐compliant behavior in a self‐regulated market and show that a firm can achieve a market advantage by stretching advertising boundaries.
Findings
Results suggest that when government takes a “wait‐and‐see” approach of partial tolerance, then the market driver can become the focal point for the market‐driven, and a shift will take place in the regulatory boundary. If the government is the boundary shifter then social engineers are taking advantage of artificial boundaries they know will not be enforced, with implications for campaigns such as drink‐driving, smoking, and domestic violence. Also, the market driver will gain a competitive advantage by entering a market‐driven marketplace through boundary shifts, even after incurring an initial penalty.
Research limitations/implications
The research demonstrates a need for research into marketing regulation to consider firm types, violation types, and tolerance levels. The study contributes to our understanding of marketer activity with two implications; first the firm is shifting the boundaries and redefining the market focal point as themselves, rather than violating the boundaries and setting themselves outside the rules. Second, depending on the level of tolerance that government has with the regulation of advertising, there is a cost to both the social purse and to market‐driven firms associated with boundary shifters.
Practical implications
A market driver, looking for growth opportunities, should try to enter markets dominated by market‐driven firms, and which have self‐regulation, while market driven firms should either look for regulatory protection or act collectively to wield power over third parties – for example forcing media outlets not to carry market driver advertising.
Originality/value
By introducing the concept of boundary stretching and allowing for market drivers and market driven firms, the authors show the effects of regulation (or tolerance) in a realistic setting and allow for the real‐world dynamics of a marketplace where new ideas create new focal points for social acceptance. This study also provides a clear illustration of the usefulness of game theory in marketing studies.
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This paper is an attempt to theorise the recent changes to accounting practices in local government in the UK. The principal theory used is regulation theory, which incorporates…
Abstract
This paper is an attempt to theorise the recent changes to accounting practices in local government in the UK. The principal theory used is regulation theory, which incorporates aspects of hegemony theory and governance. Regulation theory attempts to explain major changes in national economic structures by examining underlying systems of capital accumulation, regulation and hegemony. Central to these structures and systems are the role and operation of the state and its institutions. Changes in economic structures will result in conditions, which favour different governance structures for these institutions; comprising markets, hierarchies, civil society, and heterarchic combinations. Several researchers in these areas have characterised “traditional” institutional practices as Fordist and are associated with a particular approach to regulation. However, the underlying economic structure is seen to be in crisis and a new Post‐Fordist regime may be emerging. Post‐Fordism is associated with new institutional practices, particularly decentralised management, contracting out of public services, extended use of public private partnerships and concerns for value for money, charters and league tables. The introduction of such practices may therefore be explained by the changes in underlying structures rather than as a teleological development of accounting. Moreover, some researchers have characterised such changes as representing a fundamental shift from government to governance. The very nature of the relationship between governance, accountability and accounting may therefore have also changed. These issues are explored in the paper.
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