Regulatory Choice for Alternative Modes of Regulation: How Context Matters
2011
Saurwein, Florian
In: Law & Policy, 33 (3), 334-366
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The growing role of alternative modes of regulation (self- and co-regulation) gives rise to major questions about regulatory choice between available governance mechanisms. Strategic policy instruments such as regulatory impact assessment guidelines (RIA) typically suggest assessing the suitability of alternative modes of regulation but they hardly specify assessment criteria. This article identifies contextual factors that should be included in any effort to predict when alternative regulatory arrangements are likely to emerge and to be effective. To demonstrate the value of the approach, it is applied to an analysis of self-regulation in the domain of content-rating in the audiovisual industry. |