What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.

This book provides insights on regulatory effectiveness in the field of food safety, by focusing on the variety of institutional factors affecting regulatory outcomes. Drawing upon the Institutional Analysis and Development framework, it investigates differences in effectiveness of food safety regulation and explains them by differences in domestic governance designs, by applying Qualitative Comparative Analysis. The empirical focus of the book is the food safety governance designs of 15 EU Member States, which are investigated through the collection of an original dataset inclusive of measures of independence and accountability of the domestic food safety agencies, of policy capacity and of food safety delivered. The results show the prominent role of the institutional dimension of policy capacity in producing regulatory effectiveness, in conjunction with an integrated model of distribution of the regulatory tasks. As to ineffective governance, the conjunction of low independence or low accountability with low institutional capacity produce ineffective responses.

International and national legal frameworks governing the trade and use of pesticides have undergone significant changes over the last twenty years. The International Code of Conduct on the Distribution and Use of Pesticides, the Rotterdam Convention, the Stockholm Convention, the Basel Convention and the Montreal Protocol are only some of the binding and non-binding international instruments applicable to part or all of the life cycle of a pesticide. Specific guidelines for implementation are often available from the secretariat of the applicable international instrument, but comprehensive guidance is generally lacking. Governments need a clear picture of their international obligations as well as guidance on the accepted international consensus on the proper management of pesticides. Upgraded national legislation is needed to align national frameworks with international norms. This text aims to provide governments wishing to design, reform or update their national legislation with up-to-date advice on all aspects of pesticide management. Although the recommendations for national legislative change are designed to be useful to all countries, the text highlights the particular problems faced by developing countries and countries in transition, offering practical solutions to common problems. Also published in Spanish.

The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.

Utility performance, especially in developing countries is still working toward the standard necessary to deliver best practice. Utility Benchmarking and Regulation in Developing Countries examines performance monitoring and regulation as a prominent efficiency enhancement tool and clarifies many of the unknowns regarding the design and approach surrounding the area of utility management. Principles and practices are linked in a way that is informative and accessible, highlighting the challenges facing those who are trying to improve performance in the water sector. Operational settings are complex and unpredictable in developing countries due to inadequate infrastructure planning and this book makes clear which systems work best in these situations. Utility Benchmarking and Regulation in Developing Countries discusses performance monitoring in the critical areas of utility management that achieve sustainable performance goals: Performance development planning Modes of performance monitoring Provocative approaches to incentives creation Monitoring through high incentive plans Customer relations monitoring Pro-poor oriented monitoring Careful use of partial performance indicators Proposed indicators for assessing governance incentives A case study on the National Water and Sewerage Corporation, Uganda is included in the book detailing the difficulties in discerning performance progress based on partial performance indicators. It underlines disparities in basing performance conclusions on partial performance indicators on one hand and aggregate analysis using modern benchmarking toolkits on the other. This is an excellent handbook for utility monitors or regulators whose primary duty is to oversee performance management. It is a valuable resource for decision-makers, analysts, and policy-makers and can be used in capacity-building programs (both in-house and in universities) around the world.

While polluting industries in the U.S. continue to emit billions of pounds of toxic chemicals into the air, land and water every year, many economists and policy makers argue that environmental regulations stifle economic growth and reduce the standard of living for the American people. This book takes a fresh look at this question through three case studies of highly regulated polluting industries in the Southern California region: metal finishing, wood furniture, and dry cleaning. The case studies are based on a mix of qualitative and quantitative methods, including in-depth interviews with corporate managers and environmental regulators. The authors find that there is no universal pattern for predicting the effects of environmental regulations on industrial competitiveness, but that the outcomes depend on the structure of the industry being regulated, the design of the regulations, and the technologies that are available for compliance. The book is written in straight forward language that is accessible to the non-economist and will prove an essential resource for academics and students of all levels, and professionals and policy makers in the fields of environmental policy and regional economic development.

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.