Regulatory Approach (regulatory + approach)

Distribution by Scientific Domains


Selected Abstracts


New Regulatory Approaches in ,Greening' EU Policies

EUROPEAN LAW JOURNAL, Issue 1 2002
Andrea Lenschow
European environmental policy has been long characterised by traditional regulatory policy approaches. In recent years, however, the EU has begun experimenting with new forms of governance. In particular, the task of environmental policy integration (EPI) into sectoral policies has invited more flexible and participatory regulatory forms, emphasising at the same time the role of procedural guidance. This article traces the history of the EPI principle and links its effectiveness to specific governance characteristics. It argues that effective EPI is dependent on a combination of political leadership and public participation. While both terms appear in the EU's vocabulary on sustainable development and new governance, the EU is only slowly finding the appropriate forms to put them into practice. Coming from a tradition of governance by political élites, EU policy-makers are still relying too naïvely on the mobilisation capabilities of societal groups and on the power of ,good ideas'. [source]


The release of genetically modified crops into the environment

THE PLANT JOURNAL, Issue 1 2003
Part I. Overview of current status, regulations
Summary In the past 6 years, the global area of commercially grown, genetically modified (GM) crops has increased more than 30-fold to over 52 million hectares. The number of countries involved has more than doubled. Especially in developing countries, the GM crop area is anticipated to increase rapidly in the coming years. Despite this high adoption rate and future promises, there is a multitude of concerns about the impact of GM crops on the environment. Regulatory approaches in Europe and North America are essentially different. In the EU, it is based on the process of making GM crops; in the US, on the characteristics of the GM product. Many other countries are in the process of establishing regulation based on either system or a mixture. Despite these differences, the information required for risk assessment tends to be similar. Each risk assessment considers the possibility, probability and consequence of harm on a case-by-case basis. For GM crops, the impact of non-use should be added to this evaluation. It is important that the regulation of risk should not turn into the risk of regulation. The best and most appropriate baseline for comparison when performing risk assessment on GM crops is the impact of plants developed by traditional breeding. The latter is an integral and accepted part of agriculture. [source]


The Effect of National Governance Codes on Firm Disclosure Practices: Evidence from Analyst Earnings Forecasts

CORPORATE GOVERNANCE, Issue 6 2008
John Nowland
ABSTRACT Manuscript Type: Empirical Research Question: This study examines whether voluntary national governance codes have a significant effect on company disclosure practices. Two direct effects of the codes are expected: 1) an overall improvement in company disclosure practices, which is greater when the codes have a greater emphasis on disclosure; and 2) a leveling out of disclosure practices across companies (i.e., larger improvements in companies that were previously poorer disclosers) due to the codes new comply-or-explain requirements. The codes are also expected to have an indirect effect on disclosure practices through their effect on company governance practices. Research Findings/Results: The results show that the introduction of the codes in eight East Asian countries has been associated with lower analyst forecast error and a leveling out of disclosure practices across companies. The codes are also found to have an indirect effect on company disclosure practices through their effect on board independence. Practical Implications: This study shows that a regulatory approach to improving disclosure practices is not always necessary. Voluntary national governance codes are found to have both a significant direct effect and a significant indirect effect on company disclosure practices. In addition, the results indicate that analysts in Asia do react to changes in disclosure practices, so there is an incentive for small companies and family-owned companies to further improve their disclosure practices. [source]


The role of organizational capabilities in cleaner technology adoption: an analysis of the response of the pharmaceutical manufacturing sector in Ireland to IPC licensing regulations

ENVIRONMENTAL POLICY AND GOVERNANCE, Issue 6 2006
Rachel M. Hilliard
Abstract In introducing integrated pollution control licensing, regulators hope to achieve economic advantages as well as environmental benefits. The licensing is used as a vehicle for encouraging firms to adopt cleaner technology, potentially allowing firms to achieve economic advantages through process efficiencies and reduced environmental control costs. In Ireland, the regulatory approach has been to require firms to make managerial changes in the belief that this is a necessary precursor to the take-up of new technology. This paper examines how the pharmaceutical manufacturing sector has responded to environmental regulations that require cleaner technology adoption and managerial changes. Quantitative indicators are developed using data reported to the Irish Environmental Protection Agency. Analysis shows that firms were differentially able to implement both cleaner technology and the mandated managerial processes. The implications for policy are that regulatory instruments designed to stimulate cleaner technology may not be sufficient to promote change in firms, given that the influence of these instruments is mediated by the role of firm-specific, experience-based organizational capabilities. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment. [source]


Evaluation of acute copper toxicity to larval fathead minnows (Pimephales promelas) in soft surface waters

ENVIRONMENTAL TOXICOLOGY & CHEMISTRY, Issue 2 2005
Eric J. Van Genderen
Abstract The hardness-based regulatory approach for Cu prescribes an extrapolation of the toxicity-versus-hardness relationship to low hardness (,50 mg/L as CaCO3). Hence, the objective of the present research was to evaluate the influences of water quality on acute Cu toxicity to larval fathead minnow (Pimephales promelas) in low-hardness surface waters. Seasonal water sampling was conducted at 24 sites throughout South Carolina, USA, to determine the site-specific influences of soft surface-water conditions on acute Cu toxicity. Concurrent toxicity tests in laboratory water, matched for hardness and alkalinity (modified method), also were conducted to allow calculation of water-effect ratios (WERs). In addition, tests were conducted at recommended hardness levels (recommended method) for comparison of WER methodology in soft water. Surface-water conditions (average ± standard deviation, n = 53) were hardness of 16 ± 8 mg/L as CaCO3, alkalinity of 18 ± 11 mg/L as CaCO3, and dissolved organic carbon of 6 ± 4 mg/L. Dissolved Cu 48-h median lethal concentration (LC50) values varied nearly 45-fold across the dataset and greater than four-fold at individual sites. Spatial (p < 0.0001) and seasonal (p = 0.026) differences among LC50 values were determined for eight sites that had multiple toxicity results for one year. All modified WERs were greater than 1.0, suggesting that the site waters were more protective of Cu toxicity than the matched laboratory water. Some WERs generated using recommended methods were less than 1.0, suggesting limited site-specific protection. Based on these observations, extrapolation of the hardness-based equation for Cu at 50 mg/L or less as CaCO3 would adequately protect fathead minnow populations in soft surface waters. The WER results presented here demonstrate the inconsistency between hardness-based criteria and the methodology for deriving site-specific water-quality criteria in low-hardness waters. [source]


Gender Mainstreaming: The Answer to the Gender Pay Gap?

GENDER, WORK & ORGANISATION, Issue 5 2009
Joan Eveline
This article examines the argument that gender mainstreaming offers the way forward for closing the gender pay gap. It juxtaposes research on the process of gender mainstreaming with our account of the processes involved in Australian state government Inquiries into the gender pay gap since the late 1990s. We indicate that the continuous process of analysis and response that gender mainstreaming can offer demands political will, intensive links between research and action, and adequate resources , which means that gender mainstreaming is seldom delivered in practice. We use our account of the Australian Inquiries to argue that, provided adequate political and financial resources are in place, the gender pay gap can be narrowed through the institutional mechanisms of an industrial relations system but that the regulatory approach is limited by its vulnerability to changes in industrial relations policy. The article concludes that, whatever strategy is used to narrow the gender pay gap, it must be able to show those who use and observe it that gender itself is a continuous, effortful and political process. [source]


Regulatory issues in cellular therapies

JOURNAL OF CELLULAR BIOCHEMISTRY, Issue S38 2002
Adrian P. Gee, Article first published online: 23 APR 200
Cellular and gene therapies offer considerable promise as new treatment modalities. The Food and Drug Administration has been developing strategies to regulate these rapidly evolving fields in a manner that sustains progress and also ensures minimization of potential risks. The death of a patient on a gene therapy study highlighted a number of potential problems that have galvanized the agency to examine their strategy and to review current regulations for gene therapy. Meanwhile, a unified regulatory approach is emerging for cell-based therapies. This stratifies the level of regulation based upon the potential risk to the donor of the cells and the recipient. In this article the history and status of regulation of cellular therapy is briefly reviewed. J. Cell. Biochem. Suppl. 38: 104,112, 2002. © 2002 Wiley-Liss, Inc. [source]


Management-Based Regulation: Prescribing Private Management to Achieve Public Goals

LAW & SOCIETY REVIEW, Issue 4 2003
Cary Coglianese
We analyze a little-studied regulatory approach that we call management-based regulation. Management-based regulation directs regulated organizations to engage in a planning process that aims toward the achievement of public goals, offering firms flexibility in how they achieve public goals. In this article, we develop a framework for assessing conditions for using management-based regulation as opposed to the more traditional technology-based or performance-based regulation. Drawing on case studies of management-based regulation in the areas of food safety, industrial safety, and environmental protection, we show how management-based regulation can be an effective strategy when regulated entities are heterogeneous and regulatory outputs are relatively difficult to monitor. In addition to analyzing conditions for the use of management-based regulation, we assess the range of choices regulators confront in designing management-based regulations. We conclude that management-based regulation requires a far more complex intertwining of the public and private sectors than is typical of other forms of regulation, owing to regulators' need to intervene at multiple stages of the production process as well as to the degree of ambiguity over what constitutes "good management." [source]


The Global Financial Architecture: Twenty-First Century Solutions,

AUSTRALIAN ACCOUNTING REVIEW, Issue 3 2009
Jane Diplock AO
Twentieth-century global financial architectural solutions are outdated and have been found wanting. They are fundamentally structural solutions and continuing to rely on them would be to run the risk of repeating our mistakes. We must look to twenty-first century solutions. Solutions created post-1945 need replacing with networked solutions, reflecting what we see in the Internet and its development. These are not fanciful notions but concepts that have already been successfully modelled, albeit in a relatively narrow sphere. What we need is a mechanism by which global financial standards can be implemented in every jurisdiction around the world. This paper proceeds from the premise that the nexus between investor confidence and financial market stability is a crucial one, and one that a regulatory approach can impact. It discusses the international regulatory environment and the role of key players in the emerging global financial architecture, in particular the International Organization of Securities Commissions (IOSCO). It also examines the potential that mutual recognition offers for the trans-Tasman market. [source]


Too small for concern?

AUSTRALIAN AND NEW ZEALAND JOURNAL OF PUBLIC HEALTH, Issue 4 2007
Public health, nanotechnology
Abstract While advances in nanotechnology promise to deliver significant benefits to many aspects of health care, there is increasing concern that regulatory regimes do not adequately capture the potential risks associated with this new technology. Concerns have arisen due to preliminary evidence suggesting that some engineered nanoparticles may display undesirable toxicological properties, presenting potential risks to human and environmental health and safety. Within this context, the role of Australia's National Industrial Chemicals and Assessment Scheme and the Therapeutic Goods Administration in regulating nano-based substances is explored. Drawing on earlier regulatory failures, combined with the scientific uncertainty surrounding nanotechnology, this article recommends that Australia adopt a proactive regulatory approach to nanotechnology through amendments to present legislative regimes. The approach articulated in this article strikes a balance between the current approach and that of the European Union's comprehensive new chemicals regime. Immediate regulatory change is called for in order to ensure that the health of the Australian public is adequately protected over the coming years. [source]


New instruments , old practices?

BUSINESS STRATEGY AND THE ENVIRONMENT, Issue 6 2006
The implications of environmental management systems, extended producer responsibility for design for the environment
Abstract As the focus of environmental policy and management is shifting from cleaner production at the process level towards greener products, there is a need for new kinds of policy instruments and initiatives. Environmental management systems (EMSs) and extended producer responsibility (EPR) systems are efforts to overcome the limitations of the traditional regulatory approach. In this paper, I illustrate how EMSs and EPR systems have influenced the emergence of greener products in three case companies. These case studies are complemented by results from a survey on design for the environment in the electrical and electronics industry. Both the case studies and the survey indicate that the linkage between EMSs and product development is weak or completely missing. Therefore, the mere existence of an EMS can hardly be used as a convincing indicator of the implementation of an environmentally friendly design process. The results regarding the EPR systems are more positive. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment. [source]


Taking Stock of Corporate Governance Research While Looking to the Future

CORPORATE GOVERNANCE, Issue 3 2009
Igor Filatotchev
ABSTRACT Manuscript Type: Editorial Research Question/Issue: This essay identifies some key issues for the analysis of corporate governance based on the articles within this special review issue coupled with our own perspectives. Our aim in this issue is to distil some research streams in the field and identify opportunities for future research. Research Findings/Results: We summarize the eight papers included in this special issue and briefly highlight their main contributions to the literature which collectively deal with the role and impact of corporate boards, codes of corporate governance, and the globalization of corporate governance systems. In addition to the new insights offered by these reviews, we attempt to offer our own ideas on where future research needs to be targeted. Theoretical Implications: We highlight a number of research themes where future governance research may prove fruitful. This includes taking a more holistic approach to corporate governance issues and developing an inter-disciplinary perspective by building on agency theory while considering the rich new insights offered by complementary theories, such as behavioral theory, institutional theory and the resource-based views of the firm. In particular, future corporate governance research needs to be conducted in multiple countries, particularly in emerging economies, if we want to move closer to the journal's aim of producing a global theory of corporate governance. Practical Implications: Our analysis suggests that analytic and regulatory approaches to corporate governance issues should move from a "one-size-fits-all" template to taking into account organizational, institutional and national contexts. [source]


Regional development, nature production and the techno-bureaucratic shortcut: the Douro River catchment in Portugal

ENVIRONMENTAL POLICY AND GOVERNANCE, Issue 6 2008
Antonio A. R. Ioris
Abstract The introduction of the Water Framework Directive in Europe represents a unique opportunity to promote more inclusive strategies for the long-term preservation of (socionatural) water systems. However, the analysis of the Portuguese experience, using the River Douro as a case study, reveals still considerable shortcomings in the assessment of problems and the formulation of solutions. Instead of promoting a meaningful dialogue between social groups and spatial areas, there is a systematic attempt to conform to legal requisites by taking a ,techno-bureaucratic' shortcut that largely reproduces the distortions of previous regulatory approaches. Decisions on water management are part of political disputes about regional development and state reform, such as in relation to the provision of water and electricity by public utilities. Nonetheless, these broader issues have been kept tacitly away from the WFD agenda, which has been concentrated on adjusting established procedures to the (formal) requirements of the new regulation. Copyright © 2008 John Wiley & Sons, Ltd and ERP Environment. [source]


Possible regulatory approaches to comparative risk assessment for pesticides

PEST MANAGEMENT SCIENCE (FORMERLY: PESTICIDE SCIENCE), Issue 9 2006
David Coggon
No abstract is available for this article. [source]


A multimethod study of needs for physician assessment: Implications for education and regulation

THE JOURNAL OF CONTINUING EDUCATION IN THE HEALTH PROFESSIONS, Issue 4 2009
Richard Hawkins MD Senior Vice President for Professional, Scientific Affairs
Abstract Introduction: Deficiencies in physician competence play an important role in medical errors and poor-quality health care. National trends toward implementation of continuous assessment of physicians hold potential for significant impact on patient care because minor deficiencies can be identified before patient safety is threatened. However, the availability of assessment methods and the quality of existing tools vary, and a better understanding of the types of deficiencies seen in physicians is required to prioritize the development and enhancement of assessment and remediation methods. Methods: Surveys of physicians and licensing authorities and analysis of the Federation of State Medical Boards (FSMB) Board Action Data Bank were used to collect information describing the nature and types of problems seen in practicing physicians. Focus groups, depth interviews with key professional stakeholders, and state medical board site visits provided additional information about deficiencies in physician competence. Results: Quantitative and qualitative analyses identified (1) communication skills as a priority target for assessment approaches that also should focus on professional behaviors, knowledge, clinical judgment, and health-care quality; and (2) differences between regulatory approaches of licensing and certifying bodies contribute to a culture that limits effective self-assessment and continuous quality improvement. System problems impacting physician performance emerged as an important theme in the qualitative analysis. Discussion: Considering alternative perspectives from the regulatory, education, and practice communities helps to define assessment priorities for physicians, facilitating development of a coherent and defensible approach to assessment and continuing professional development that promises to provide a more comprehensive solution to problems of health-care quality in the United States. [source]


Partnerships, management systems and the search for innovative regulation in the vehicle body shop industry

BUSINESS STRATEGY AND THE ENVIRONMENT, Issue 4 2002
Neil Gunningham
This article examines innovative approaches to regulating the environmental performance of vehicle body shops, in the state of Victoria, Australia. Based on field research, this provides a useful opportunity to not only identify the limitations of the environmental management practices (including regulatory resistance, a lack of resources and cultural obstacles), but also the failure of conventional regulatory approaches to adequately address and overcome problematic characteristics typical of small and medium sized enterprises (numerous, geographically dispersed, environmentally unsophisticated and, collectively, a substantial source of pollution). Particular focus is given to cleaner production, partnerships and environmental management systems in improving environmental performance. We also consider the potential role of ,regulatory surrogates' as an adjunct to a mix of government regulatory initiatives. Copyright © 2002 John Wiley & Sons, Ltd. and ERP Environment. [source]