In recent years, binding regulations in the “home states” of corporations have emerged mainly in the Global North with the aim of holding corporations accountable for human rights and environmental impacts throughout their supply chains. However, we still need a better understanding about to what extent such regulations contribute to enhance “foreign corporate accountability (FCA).” This article introduces

This paper presents a systematic empirical study of the causal mechanisms of regulatory capture. It applies process-tracing methods to the Vioxx drug scandal that was widely regarded to be a result of capture. In doing so, this paper provides a robust empirical analysis of regulatory capture lacking in the current literature. The analysis focuses on the role of the UK drug regulator in licensing and

Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their

There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming

Principal-agent theorizing is based on the idea of a linear inverse relationship between principal control and agency slack: the higher the control over the agent, the less likely is the agent to slack. In this paper, we challenge this assumption by explicitly taking the varying nature of agents into account. While control may reduce the agent's room for maneuver, it does not explain the extent to

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new

The implementation of international human right treaties is particularly challenging, especially when they entail obligations that apply at the subnational level. In this article, we examine how international law intermediaries translate and use international treaties in subnational policymaking processes. We develop a dedicated analytical framework, and we derive a typology, characterizing different

To examine how private regulatory governance reproduces a market logic that always already circumscribes possibilities for radical change, we tarry with Michel Foucault's notion of governmentality and his writings on power. We focus on two major initiatives created to regulate gold supply chains, subjecting their publicly released documents to a discourse analysis. This reveals subtle but tangible

Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political

With increasingly frequent emergencies related to pandemics, climate change, or any other as yet unforeseen disaster, it is imperative to develop our understanding of how opportunistic legislation and policy grabs may appear even in democracies. Circumventing a lengthy process of public debate and government regulation, declaration of emergency may be conducive to such opportunism. Underlying mechanisms

This article offers the first comprehensive analysis of the emergent modes for greening electricity governance through agencification in the Global South by examining the drivers and role of renewable energy agencies (REAs) in various countries in the Middle East and North Africa region. Furthermore, the article illustrates the impact of this form of agencification on the deployment of renewables and

The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation

Regulatory discretion is a central concept in the study of the regulatory state. Yet little attention has been paid to the origins of regulatory discretion, and how it varies across polities, policy areas, and over time. This paper presents a conceptualization of regulatory discretion that draws on three dimensions: delegation, content, and procedure. It argues that to measure regulatory discretion

Celebrity is a form of policy influence that can occur under distinctive circumstances. This paper draws on the regulatory/policy capture literature to develop a model of celebrity capture that explains how interest groups can affect policy in the absence of economic clout or constituency mobilization. We posit that the likelihood of celebrity capture increases when several factors align: (1) a context

Lobbying has never been as sophisticated, complex, and well-funded as it is today. Significantly, interest group strategies are more advanced than the regulatory practices meant to contain them. This raises concerns about states' ability to resist unwanted influence from interest groups. How can government regulations be brought up to speed to address 21st-century lobbying practices? We argue that

In its AI Act, the European Union chose to understand trustworthiness of AI in terms of the acceptability of its risks. Based on a narrative systematic literature review on institutional trust and AI in the public sector, this article argues that the EU adopted a simplistic conceptualization of trust and is overselling its regulatory ambition. The paper begins by reconstructing the conflation of “trustworthiness”

Even though workplace conditions worldwide are subject to local and international laws, labor conditions in global supply chains have continuously raised human rights concerns. In response to societal pressure, multinationals have taken on a certain degree of responsibility regarding workplace conditions in supplier factories, notably by adopting codes of conduct. Investigating the impact of this self-regulatory

This study finds that the greater the pressure of regional competition, the more likely auditors are to issue aggressive audit reports that could damage audit quality. This phenomenon exists mainly in the increasing number of small audit offices in the same region. However, the increasing number of local Big 6 audit offices positively impacts audit quality. Furthermore, individual interviews and penalties

This article reviews the vibrant literature on policy growth in political science and adjacent disciplines, thus offering a conceptual framework for situating past and future research efforts and facilitating the engagement between them. The first part presents important concepts that capture policy growth or aspects of it (rule growth, policy layering, policy mixes, policy accumulation, policyscapes

Amid the COVID-19 pandemic, citizens' compliance with government preventive measures was one of the top policy priorities for governments worldwide. This study engages with socio-legal and psychological theories on compliance and proposes an analytical framework to explore the role of different psychological factors on individual-level compliance during global health crises. Using the results of three

Focusing on 23 greening measures, this paper systematically compares the greening efforts of the busiest container and cargo ports in the United States (US) and the European Union (EU). We move beyond accounts for general environmental differences between the EU and the US to examine how specific environmental decisions are shaped by the effects of regulatory characteristics in each region. We identify

US regulatory agencies have been encouraged to consider the equity and distributional impacts of regulations for decades. This paper examines the extent to which such analysis is done and provides recommendations for improving it. We analyze 189 regulatory impact analyses (RIAs) that monetize at least some benefits and costs prepared by a variety of agencies from October 2003 to January 2021. We find

This paper estimates the impact of reforming competition authorities on perceived antitrust effectiveness using methods of causal inference. We study how 20 countries reformed their competition authorities in depth between 1995 and 2020, and what has been the outcome of such reforms in the perceived competition policy effectiveness by the business community compared with 18 control countries in a balanced

Reputation scholars in the field of regulation tend to focus on the strategic nature—or: “agency”—of reputation management. We know fairly little about the precise nature of the dynamics and conflicts between structural and agential factors that are experienced by regulators in practice, and how these dynamics impact reputation management and its outcomes. This study addresses these questions, using

The insurance as governance literature focuses on the ability of private enterprises to collectively regulate, pool, and distribute risks. This paper analyzes how governments support insurance markets to maintain insurability and limit risks to society. We propose a new conceptual framework grouping government interventions into three dimensions: regulation of risky activity, public investment in risk

Despite the salience of transparency in policy and democracy debates a global measurement of transparency has always been missing. It its absence, measuring the impact of transparency on accountability and corruption for a large number of countries has been difficult, with scholars using more or less adequate proxies. This paper introduces a new measurement of real transparency—the T-index—using 14

Regulatory failure caused by overlapping regulations is ubiquitous, with examples in all jurisdictions across a range of disciplines. Overlapping regulation can be problematic. It obscures policy objectives and hinders the development of effective and clear regulation. In addition, regulatory overlap can inflict real costs on businesses through repetitive inspections and data collection efforts. It

Unbiased conduct is an essential part of the social contract between the state and its citizens. Yet, when tasked with settling disputes between citizens and other state officials, are public administrators truly impartial in their resolutions? Such a question is vital for street-level bureaucrats whom the public perceives as the face of governance. This study investigates the relations between the

This article makes important contributions to governance research by studying the implementation of policies with high potential for goal incongruence between intermediaries and regulators. Building on a regulatory intermediation framework and prevailing theories from organizational institutionalism, we propose an original typology that classifies intermediaries' strategies for coping with challenging

Following a long-standing and highly contested policy debate, in June 2021, the German parliament passed the Supply Chain Due Diligence Act requiring mandatory due diligence (MDD) of large companies, holding them accountable for the impacts of their supply chain operations abroad. Applying the discursive agency approach and using evidence from policy documents and 21 interviews with key stakeholders

Government responses to the Covid-19 pandemic in the Nordic states—Denmark, Finland, Iceland, Norway, and Sweden—exhibit similarities and differences. This article investigates the extent to which crisis policymaking diverges from normal policymaking within the Nordic countries and whether variations between the countries are associated with the role of expertise and the level of politicization. Government

This article analyzes whether, and if so, why, national inspectorates adopt different enforcement strategies when controlling the provision of welfare services, such as health care, eldercare, and the compulsory school. The findings show that the Swedish Schools Inspectorate uses a predominantly strict strategy, while the Health and Social Care Inspectorate relies on a more situational strategy. To

In the recent past, European states have adopted mandatory due diligence (MDD) laws for holding companies accountable for the environmental and human rights impacts of their supply chains. The institutionalization of the international due diligence norm into domestic legislation has, however, been highly contested. Our contribution analyzes the discursive struggles about the meaning of due diligence

Public legitimation of legal decisionmaking can be promoted through various strategies. We examine strategies of legitimation that are premised on personalizing the public image of legal agents. A personalized public administration emphasizes individual decisionmakers and seeks legitimacy through familiarity with the character, identity, and virtues of individual agents, whereas a non-personalized

The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations

This paper investigates the regulation of publicly organized early childhood education and care (ECEC) in Denmark and Sweden, through the regulatory welfare state (RWS) framework. The analysis focuses on how alterations in funding and quality of care are shaped by governmental and nongovernmental actors at national and local levels of government. Through focused structured analysis, we examine how

This article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing “an ethical esprit de corps” to professionalize the banking industry, it argues that adopting some aspects of a profession, a “trajectory towards professionalization” of the banking industry, could serve

We inform our readers that we have found an article in our pages, Capano and Pritoni (2020), to have sentences of identical text to an article published by the same authors in another journal (Capano et al. 2020). The overlap is considered by the Editors to be minor. We have reproduced the overlapping text below with the appropriate citation to the Journal of Public Policy article:

Many voluntary sustainability standards govern opaque environmental and social issues, which are difficult to understand and address. Extant studies show mixed evidence around the effectiveness of such standards. We develop a theoretical framework that relates different degrees and types of opacity to standard effectiveness. Systemic opacity results from issues embedded in complex, diverse, and dynamic

Regulatory sandboxes have become the latest development in regulatory reform, starting first in financial regulation and now expanding to other sectors. While sandboxes offer notable potential benefits for managing emerging technologies, achieving desirable policy outcomes with this novel regulatory instrument also comes with technical and political challenges. This article offers a framework to characterize

Are stronger direct financial incentives or regulatory enforcement effective in reducing fatalities in the construction industry? We examine two important policies—state workers' compensation (WC) programs and federal and state Occupational Safety and Health Administration (OSHA) activities—which embody those strategies. We examine their impact by looking at state-level fatality rates in the construction

Over the past three decades the Latin American region has experienced various regulatory reforms, and distinctive normative changes have been introduced in the framework, instruments, or procedures adopted by independent regulatory agencies (IRAs). While there is evidence that the establishment of an IRA positively affects regulated sector performance, little is known about the effects of these additional

Do governance reforms affect public acceptance of regulatory decisions, and if so, how? We tackled this critical but under-studied question through a pair of linked survey experiments on public attitudes toward the reform of European Union (EU) pesticides regulation among a representative sample of the adult population in six EU member states. We tested the expectation that citizens are more likely

Regulatory intermediaries have received attention in the analysis of different policy fields recently. Yet, their role in morality-based national governance arrangements is hardly addressed, neither is the question of how regulators incorporate stigmatized private actors. The current special issue contributes to closing this research gap by examining the three-party relationship between public regulators

Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument—advanced by both judges and legal theorists—general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the “complementarity

The COVID-19 pandemic has highlighted the issue of mobilization policies, that is, government practices directed at making the mass public voluntarily perform various behaviors for the collective benefit during a crisis. As COVID-19 vaccinations became accessible, governments faced the challenge of mass vaccination mobilization in order to achieve herd immunization. Aiming to effectively realize this

Implementing precautionary measures that have obvious distributional consequences today but often only invisible future benefits is politically difficult. It requires that policymakers reconcile technocratic expertise with political consent. This paper traces attempts to enact such measures, focusing on countercyclical policies to limit the systemic risks of housing booms as proposed by financial stability

The likelihood that longevity will continue to increase has generated a search for regulation that make people work longer as they live longer, and thus not just containing pension expenditure but also enlarging labor supply, economic growth, and tax revenue. In public pension policy, Nordic countries have led the world with three types of approaches aimed at making people retire later. The first came

Scholars of regulation have long engaged with behavioral oriented research to assess its value for regulatory theory and practice. This book review discusses two recent publications in this area: Nudge: The Final Edition by Richard Thaler and Cas Sunstein (2021) and The Behavioral Code: The Hidden Ways the Law Makes Us Better or Worse by Benjamin van Rooij and Adam Fine (2021).

The need for supranational regulatory capacity and the drive for governmental control are two colliding forces in international governance. As a solution to this governance dilemma, European administrative networks need to simultaneously fulfill the demand for supranational institutions and maintain governmental control. The assessment of risks associated with medicines authorized on the European market

The entry of gig-platforms to labor markets world-wide has caused significant frictions with national institutions and regulators, including trade unions. In this article, we compare the interactions between taxi and food delivery platforms with the industrial relations (IR) systems of Denmark and Sweden, where we observe isolated instances of unions striking collective agreements with platforms. We

A controversial U.S. Supreme Court decision in Kelo v. City of New London (2005) which did not limit the use of state's eminent domain powers, led to an unprecedented legislative reaction by almost all 50 states. Of all, New York State stands out as one of the single states not to respond with a legislative amendment. In this study, I ask whether the state's predation was greater in the years following

Private standards play an increasingly important governance role, yet their effects on state-led policymaking remain understudied. We examine how the operation of private agricultural standards influences multilateral pesticide governance with a particular focus on the listing of substances under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides

Gene drive technology is a nascent biotechnology with the potential to purposefully alter or eliminate a species. There have been broad calls for engagement to inform gene drive governance. Over the past seven years, the gene drive community has been developing risk assessment guidelines to determine what form future gene drive risk assessments take, including whether and how they involve engagement

Public procurement is a large sector of the economy with most procurement going to the defense sector. Procurement by the defense sector includes purchases made through contracts to private businesses that manufacture durable goods. Manufacturing of these goods results in pollution production with toxic wastes being among the most dangerous pollutants for public health. Despite green purchasing policy

An extensive debate has emerged in recent years about the relative merits of behavioral policy instruments (nudges) aimed at changing individual behavior without coercion. In this article, we examine public support for non-deliberative nudges and deliberative nudges and compare them to attitudes toward top-down regulation and free choice/libertarian options. We also examine whether support for both

While many coordinated market economies have responded to internationalization by regulation that creates dualization between insiders and outsiders, the Nordic countries have opted for an embedded flexibilization in which strong unions and cooperative employers have combined flexibility and equality. However, in recent years, the Nordic countries have come under pressure from an EU-induced dualization

Scholarship on regulating global finance emphasizes the importance of national and bureaucratic interests, but less attention has been devoted to epistemic sources of regulatory conflict. We address this by analyzing the failure of regulators to agree tougher rules for large investment funds after the 2008 crisis. The article suggests this outcome was the result of epistemic contestation between prudential

Studies on regulatory encounters have shown that the interaction between regulator and regulatee is important for implementation of public policy. Much of this research examines how the behavior of frontline workers in such encounters affects regulatee compliance, that is, an outcome of the encounter, but we know less about the behavior that regulatees bring to these encounters. This paper therefore