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Many European-level networks and regulatory constellations in different sectors (e.g., energy, telecommunications) without clear anchorage into the European Union (EU) institutional landscape have been subject to increasing efforts by the EU institutions to tie them closer to the EU. They are serving increasingly as platforms for preparing EU policy or for implementing EU decisions, which may result in closer institutional bonds with the EU. This chapter aims at examining the differences and similarities between the process towards more EU-integration in two different domains (i.e., telecommunications and patents) and regulatory constellations (i.e., supranational and intergovernmental).

The chapter analyzes the evolution in the European telecommunication sector and the European Patent System and juxtaposes this analysis with the literature on institutionalization, Europeanization of regulatory network-organizations, and multilevel governance (MLG). It focuses on the role of the European Commission and the interaction with the national regulatory agencies (NRAs) and networks within the institutional framework.

Irrespective of the particular regime (intergovernmental/supranational) in a certain domain or sector, a common trend of closer coordination and integration prompted by the Commission is taking place, which triggers a certain resistance by the national bodies regulating that domain. As long as a specific competence is considered instrumental in the creation of the single market, the Commission has strong incentives to strengthen its influence in this field, even if those competences have been regulated through an independent intergovernmental regime.

The dynamic described in this chapter allows us to reflect upon the MLG conception as developed by Marks and Hooghe (2004), which distinguish between two types of MLG. Type I MLG refers to different levels of governments, more specifically to the spread of power along different governmental levels and the interactions between them. Type II MLG refers to jurisdictions that are both task-specific and based on membership that can intersect with each other. They respond to particular problems in specific policy fields (Marks & Hooghe, 2004). Our analysis shows that the increase in coordination and integration are the outcome of both MLG Type II processes (coordination between two issue-specific bodies) and of MLG Type I processes (tensions between two governmental levels). Furthermore, the negotiation dynamics regarding this increased coordination and integration reveal that the tensions typical of MLG Type I took place as a consequence of the increased coordination between Type II bodies. Put differently, multi-level coordination and integration mechanisms in the EU can be seen as both Type I and Type II processes. They combine features of both categories and reveal that their Type I and Type II features are interdependent.

The analysis in this chapter shows a need for further strengthening the MLG Type I and II conceptual framework by balancing the analytical distinction between the two types with developments about how Type I and Type II are often entangled and intertwined with each other rather than separated realities.

The chapter describes and compares the dynamics in the European telecommunications sector and the European patent system with interesting observations for NRAs and the European Commission with respect to coordination and integration.

The original nature of the current chapter relates to the two selected areas and the addition to the literature on MLG.

First, with respect to the areas investigated the dynamics of the European telecommunications sector have been analyzed also by other authors, but the European patent system is an area which is relatively unexplored in terms of governance research. The combination of the two sectors with a detailed analysis of similarities and differences is highly original and generates interesting lessons with respect to coordination and integration in supranational and intergovernmental regimes.

Second, Marks and Hooghe (2004) distinguish between the two types of MLG as if they are two different constructs that are not related to each other. Our cases and argument cover both types of MLG and show the interconnection between the dynamics taking place in the two types of MLG.

Considers the future of telecommunications’ national regulatory authorities (NRAs), by way of analysing the European telecommunications regulatory framework. Examines the organization and functioning of NRAs, maintaining efficient performance of the required various tasks. Concludes an NRA is entrusted with “rule application” rather than with “rule making” tasks.

This paper aims to examine the recent evolution of the regulation of statutory auditing since the passage of the Sarbanes-Oxley Act of 2002 in the USA by comparing the regulatory structures for auditing in the USA, France and Canada.

Using publicly available documents, the paper seeks to understand how the regulatory structures for statutory auditing have changed in the period since the passage of the Sarbanes-Oxley Act. The USA, France and Canada were chosen for analysis because prior to Sarbanes-Oxley the regulatory structures of these three countries were relatively distinct, whereas subsequent to the Act they appear to be becoming similar.

The authors interpret the increasing apparent similarity in the regulatory structures for statutory auditing in these three countries to be the result of external pressures from global capital markets for standardized regulatory practices. However, this apparent similarity may also be a form of “decoupling”, whereby actors in the institutional field of professional regulation, under pressures from powerful external forces, seek to enhance their legitimacy while maintaining internal flexibility and a certain capacity for resistance against external pressures in the institutional field.

The paper relies on a qualitative analysis of regulatory structures based on a review and analysis of publicly available documents and legislation. As such, it has limitations similar to other qualitative studies.

The regulation of statutory auditing is important to society both to assure the proper functioning of capital markets and to provide reliable information to the general public. Gaining a better understanding of the regulatory structures for statutory auditing advances the public interest.

There have been few prior research efforts that have examined the regulation of statutory auditing through the lens of new institutional theory.

The purpose of this paper is to present a cross-country qualitative comparative analysis of telecom regulatory frameworks of five countries with that of India. Adopting an institutionalist approach, this paper contributes to understanding of how institutional frameworks in these five countries are structured as compared to that in India so as to ensure division of the authority and scope of the regulator vis-a-vis that of the ministry, and the bureaucracy; financial autonomy of the regulator; redressal of grievances of individual consumers; and modification in the framework to cater to convergence of telecom and broadcasting.

The study is based on literature review of research papers, secondary research and documents published by the regulators of the five countries. The research methodology used is qualitative comparative analysis case-based research of five countries. The variables for comparison have been sourced from the World Bank Handbook for Evaluating Infrastructure Regulatory System. The researcher has adopted qualitative research method to bring forth the similarity, as well as the diversity in the regulatory setup of the five countries in comparison with India.

Analysis reveals that there is an absence of clear role definition for policy formulating body, the DoT and the regulatory body, the TRAI. The involvement of a number of bodies leads to duplication of regulatory functions in the TRAI, DoT and the Telecom Commission. Secondly, with respect to standards, compliance and spectrum management, the TEC and WPC function as divisions of DoT; however, the TRAI is entrusted with ensuring interoperability among service providers as well as spectrum management. This leads to duplication of regulatory functions and absence of a single authority. Lastly, funding of the TRAI is done through the departmental allocation given to DoT alone with no additional funds coming in the form of regulatory fees. This is seen to be specific to TRAI as other sector regulators in India have been empowered to collect fees from industry participants. The Indian framework shows two commonalities in comparison with the five countries; firstly, India has adopted self-regulation through the setting up of the Telco-consumer group-led consumer redressal process. The second similarity being convergence of the regulatory functions performed by the TRAI for the telecom as well as the information and broadcasting ministries, although the two ministries continue to function independently.

The paper furthers the understanding of the good practices in the design of telecom regulatory framework. It brings out the similarity and diversity in these frameworks. And, most importantly, it highlights limitations that the Indian telecom regulatory framework has in areas of role definition for the regulator, its autonomy and regulation of telecom-media convergence.

In 2010, Australia introduced the National Registration and Accreditation Scheme for the health professions (the Australian scheme) creating a legislative framework for a national system of health workforce regulation, delivering a model of collective (and multi-level) government involvement in regulatory activities. The purpose of this paper is to examine how its governance arrangement compares to different national systems and other health regulatory bodies in Australia.

This qualitative case study is informed by documentary analysis in conjunction with policy mapping. This is part of a larger project investigating the policy pathway which led to establishment of the Scheme. The authors compare the Scheme with other Australian health standard setting and regulatory bodies.

The Australian scheme’s governance model supported existing constitutional arrangements, and enabled local variations. This facilitated the enduring interest of ministers (and governments) on matters of health workforce and articulated the activities of the new regulatory player. It maintains involvement of the six states and two territories, with the Commonwealth Government, and profession-specific boards and accreditation agencies. This resulted in a unique governance framework delivering a new model of collective ministerial responsibility. The governance design is complex, but forges a new way to embed existing constitutional arrangements within a tripartite arrangement that also delivers National Boards specific to individual health professions and an organisation to administer regulatory activities.

This study demonstrates that effective design of governance arrangements for regulatory bodies needs to address regulatory tasks to be undertaken as well as the existing roles, and ongoing interests of governments in participating in those regulatory activities. It highlights that a unique arrangement, while appearing problematic in theory may in practice deliver intended regulatory outcomes.

The purpose of this paper is to strengthen the theoretical understanding of the processes through which a new regulator seeks to gain legitimacy within an existing regulatory space. The authors do this by investigating the case of the Australian Charities and Not-for-profit Commission (ACNC).

Synthesising legitimacy theory with the concept of regulatory space, the authors analyse formal public discourse surrounding the establishment and operations of the ACNC.

Regulation is essentially a context-bound political process in which a new regulator needs to establish legitimacy to ensure its survival. It must convince its constituents that it has developed processes to operate effectively and professionally in addressing constituents’ needs, to bargain authoritatively with other regulators in establishing its operational boundaries, and to engage politically with government and constituents. Over a relatively short time, the ACNC built legitimacy, despite the political threats to its formal regulatory authority.

The conclusions are based on the analysis of one case. There is scope for further investigations of the processes by which new regulators establish their legitimacy in different contexts.

The potential for a political threat to the authority of a new regulator, and the difficulty of achieving regulatory reform, particularly in a federated system such as Australia, highlight the necessity for a new regulator to develop a compelling discourse of legitimacy.

The authors synthesise regulatory space and legitimacy perspectives, contributing to an understanding of the processes of regulation.

The purpose of this paper is to investigate the critical opportunities for design for safety (DFS), the potential statutory (and non-statutory) health and safety (H&S) responsibilities of designers including DFS and its workability in developing countries.

Interviews were conducted among 28 multi-designers including Architects, Civil Engineers and Builders and the data was analysed thematically.

The study revealed that the likelihood of designers, clients, etc. inclining to change because of the infancy stage of H&S in developing countries, making it “fallow” for H&S was a barrier. The opportunities for DFS include the willingness of designers to develop DFS skills and knowledge, which results in a welcoming attitude towards DFS. Further, the success recorded by professional bodies on other regulatory matters and designers' greater inclination to comply with DFS when professional bodies are involved in the regulatory process of DFS remain key opportunities for DFS.

For statutory-backed DFS to achieve the objective at the optimum level, the role of professional bodies in the regulatory and sensitisation processes, geographic differences in DFS legislation enforcement, nuanced and strategic design and enforcement of any legislation that will support DFS should be taken into consideration.

A grassroots collaborative approach to developing and implementing DFS in the country and the exploitation of the zeal of designers to have DFS-related knowledge, is recommended.

To the knowledge of the authors, this is the first study that examines the opportunities for DFS in developing countries when it is (or not) supported by statute and the need to advance the understanding of DFS in developing countries through qualitative enquiry.

With the increasing use of small unmanned aircrafts (SUAs), many countries have enacted laws and regulations to ensure the safe use of SUAs. However, there is a lack of industry-specific regulations accounting for the unique features of construction-related SUA operations. Operating SUAs in the construction industry is attributed to specific risks and challenges, which should be regulated to maximize the utility of SUAs in construction. This study, therefore, aims to develop a multi-dimensional regulatory framework for using SUAs in the construction industry.

A combination of quantitative and qualitative methods was used to compare seven selected national/regional SUA regulations to identify the applicability of implementing the existing regulations in construction. The interview surveys were then conducted to diagnose the challenges of construction-related SUA operations and gather interviewees' suggestions on the regulatory framework for SUA uses in construction.

The research found that some challenges of construction-related SUAs operations were not addressed in the current regulations. These challenges included the complex and time-consuming SUA operation permit, lack of regulation for special SUA operations in construction, insufficient regulatory compliance monitoring and a lack of construction-related remote pilots' training. A regulatory framework was then developed based on the findings of comparative analysis and interview surveys.

This study mainly compared seven representative countries/regions' regulations, leading to a small sample size. Further research should be carried out to study the SUA regulations in other places, such as South Africa, South America or Middle East countries. Besides, this study's respondents to the interviews were primarily concentrated in Hong Kong, which may cause the interview results to differ from the construction industry in other countries/regions. A large-scale interview survey should be conducted in other places in the future to validate the current findings.

The proposed regulatory framework provides a reference for the policy-makers to formulate appropriate industry-specific SUA regulations and improve the applicability of SUA regulations in the construction industry. It sheds light upon the future of SUA regulations and the development of regulatory practice in this area.

This study is the first to propose a multi-dimensional regulatory framework for operating SUAs in construction by comprehensive policy comparisons and interviews. The regulatory framework offers a fresh insight into the unexplored research area and points out the direction for subsequent studies on SUA regulations in the construction industry.

This case study aims to investigate the role of actors in the implementation of fair value standards in an emerging country, Indonesia.

This study uses semi-structured interviews with important actors within the local accounting profession, standard setting and regulatory environment, to analyse fair value accounting implementation. This study also incorporates information from press releases and newspapers, to provide a more comprehensive picture of fair value implementation.

First, professionals undertake routine actions, cultivate interests and strategically navigate their environment during the process of fair value standard implementation. Second, the role of appraisers becomes more prominent during this process. Third, government involvement is significant in ensuring the successful implementation of global accounting standards.

First, differing localised contexts, including communities and actors, may shape how an emerging country undertakes the diffusion and implementation of global standards, which in turn can also lead to institutional change. Second, government involvement is crucial in supporting the implementation of global accounting standards within emerging economies. Third, implementing market-based measurements within emerging economies characterised by a lack of an active and liquid market may present challenges.

Third, implementing market-based measurements within emerging economies characterised by a lack of an active and liquid market may present challenges.

This study applies the concept of Institutional Work within Institutional Theory to explain how fair value standards are implemented within a localised emerging economy characterised by unique actor roles and goal-directed action.

The purpose of this paper is to examine the ways in which growth-oriented small and micro-businesses (SMBs) are affected by regulations. Case studies from North-West England are used to investigate the relationship between attitudes and responses to regulation and the characteristics of business growth.

This research examines the relationship between regulation and growth using eight case studies of SMBs. The selected cases are proactive in seeking new market opportunities and innovative in terms of product development or business process.

Case studies confirm that owner-managers of SMBs experience high levels of regulatory burden. However, some growth-oriented businesses also recognise the advantages in being proactive in seeking regulatory knowledge. These advantages were particularly prevalent in cases where growth is driven by product innovation in relatively new product markets.

The study is based on a limited number of case studies in one region of England. Even so, interviews facilitate probing to increase understanding of the underlying reasons for attitudes towards regulation. The cases demonstrate that even very small businesses can use regulatory knowledge as a basis for business growth.

The findings suggest that networking in order to engage with regulatory regimes can generate competitive advantages and open up new market opportunities for small businesses.

This research contributes towards the debate on the impact of regulations on the economy at the micro level and in doing so highlights important nuances in the relationship between business growth and the regulatory environment.