中国政法大学：Common Principles of Regulatory Law（PPT课件讲稿）Part IV Lectures Dr. Marie Nioche Tutorials Rafael Amaro Module VIII - Law of Regulation

Q Chna- EU School of law中欧法学院 At the China University of Political Science and Law中国政法大学 Common Principles of Regulatory Law Part v Lectures: Dr. Marie Nioche Tutorials: Rafael Amaro Module Vll- Law of Regulation

1 Common Principles of Regulatory Law Part IV Lectures: Dr. Marie Nioche Tutorials: Rafael Amaro Module VIII - Law of Regulation

s 2-The Increase of Private Regulation and self-Regulation The Origin of the Increase of private Regulation and Self regulation 2. The Resulting Regulatory System Co-Regulation 3. Risks and Advantages of Co-Regulation

2 § 2 – The Increase of Private Regulation and Self-Regulation 1. The Origin of the Increase of Private Regulation and Self Regulation 2. The Resulting Regulatory System: Co-Regulation 3. Risks and Advantages of Co-Regulation

Among the main characteristics of the post regulatory state the increase of the role and power of private regulators the development of self-regulatory mechanisms

3 Among the main characteristics of the post￾regulatory state: – the increase of the role and power of private regulators – the development of self-regulatory mechanisms

Self-regulation Self-regulation describes the situation in which you have a group performing a regulatory function In respect of itself and of other persons who accept its authority

Self-regulation Self-regulation describes the situation in which you have a group performing a regulatory function in respect: – of itself and – of other persons who accept its authority 4

1. The Origin of the Increase of Private Regulation and self regulation 1. 1. A Strategy of the Private Entities 1. 2. A Strategy of the Governments

5 1. The Origin of the Increase of Private Regulation and Self Regulation 1.1. A Strategy of the Private Entities 1.2. A Strategy of the Governments

1.1. a Strategy of the Private Entities Self-regulation implies an organization regulating the standards of its members Why should a private organization wish to do this? In some cases, private organizations need regulation, where public regulation does not exist In other cases, private entities just want to avoid public regulation

6 1.1. A Strategy of the Private Entities Self-regulation implies an organization regulating the standards of its members. Why should a private organization wish to do this? • In some cases, private organizations need regulation, where public regulation does not exist • In other cases, private entities just want to avoid public regulation

Private entities trying to avoid public regulation The public regulation which the private entities wish to avoid can be present public regulation or future public regulation

7 Private entities trying to avoid public regulation The public regulation which the private entities wish to avoid can be: • present public regulation • or future public regulation

Self regulation as a mean to avoid present public regulation There are areas where centralized regulation is well established but controversial among those regulated In these areas, businesses subject to regulation have complaints about the burdens of existing command-and-control regulation Sometimes the regulated have some success in pushing for deregulation In exchange for a certain extent of public dereglementation, the regulated industries accept the inevitability of some regulation and are willing to discuss self regulation and implementation

8 Self regulation as a mean to avoid present public regulation • There are areas where centralized regulation is well established but controversial among those regulated • In these areas, businesses subject to regulation have complaints about the burdens of existing command-and-controlregulation • Sometimes the regulated have some success in pushing for deregulation • In exchange for a certain extent of public dereglementation, the regulated industries accept the inevitability of some regulation and are willing to discuss self regulation and implementation

Self regulation as a mean to avoid future public regulation Example: childhood obesity in the United States a report by the Institute of Medicine put the issue on the public agenda and led public-health groups to call for regulation of the food and beverage industry The industries responded to the threat of government regulation with a tactic which may be called"preemptive self-regulation: in order to forestall the drive toward government regulation, the industries began to implement regulation themselves

9 Self regulation as a mean to avoid future public regulation Example: childhood obesity in the United States • A report by the Institute of Medicine put the issue on the public agenda and led public-health groups to call for regulation of the food and beverage industry • The industries responded to the threat of government regulation with a tactic which may be called “preemptive self-regulation”: in order to forestall the drive toward government regulation, the industries began to implement regulation themselves

1. 2. A Strategy of the Governments Government regulators often rely on private entities to exercise some of the functions that public regulators would otherwise have to perform

10 1.2. A Strategy of the Governments Government regulators often rely on private entities to exercise some of the functions that public regulators would otherwise have to perform