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This article examines Member States' support for rule of law (RoL) enforcement in the Council of the European Union (the Council). Existing studies regarding this topic produce puzzling findings: there is a stable pro-RoL enforcement coalition between older Member States, while the positions of the newer members appear to be more nuanced in relation to different RoL issues and instruments. This article seeks to elucidate the factors underlying these divergent positions and proposes a solution to this puzzle by introducing the conceptualisation of Member States' ‘differential support’ for RoL enforcement. Furthermore, it develops a theoretical framework to explain various factors influencing these positions. By analysing Member States' stances on five RoL instruments designed for the promotion and protection of the RoL in the Union, this article demonstrates that the positions of new Member States on RoL enforcement are more stable than often perceived. Additionally, an in-depth qualitative analysis of Member States' arguments reveals that strategic calculations largely influence their positions on RoL enforcement within the Council. [ABSTRACT FROM AUTHOR]

This article examines the regulation–participation nexus in social care services. Participatory forms of social care regulation have been expanding over the past 20 years, but the literature on this trend remains scarce. To fill this gap, we developed an analytical framework for classifying participatory regulation methods. This framework is based on two axes, one drawn from the literature on regulation (the regulatory tasks), and the other from the literature on service user participation (the levels of participation). Using this framework and combining a systematic review of the literature with a case study of the Care Quality Commission in England, we identified and classified 12 participatory methods in three main regulatory tasks (monitoring, standard setting and enforcement). Our classification shows most of the participatory methods are concentrated in monitoring tasks, less in standard setting and least of all in regulatory enforcement. It also highlights the uniqueness of the goals and logics of participation in the regulatory context and the tendency towards the instrumental aspect of information gathering rather than the political aspect of participation. The article concludes by explaining our findings and suggesting future directions in developing the research agenda on the regulatory‐participation nexus. [ABSTRACT FROM AUTHOR]

How does the European Commission respond to external expert reports about member states' non-compliance? We theorise that expert compliance assessments affect the Commission's monitoring costs and information about governments' probability of compliance. More precisely, the Commission is likely to launch infringements, when information is provided by institutions with extensive expertise that reveals practical non-compliance. However, reports about severe non-conformity indicate that governments will not reform their policies. Therefore, the Commission is expected to initiate infringements if the domestic conditions are favourable for compliance (government and societal EU support and active civil society). Analysing 63 EU directives and 27 countries, we find that enforcement depends on external expertise and practical non-compliance. Moreover, the Commission launches infringements against severe non-conformity when it is supported by civil society. Thus, the Commission utilises expert assessments strategically and it does not necessarily prioritise high levels of non-conformity. [ABSTRACT FROM AUTHOR]

The measurement of security perception is necessary as one of the tools to assess the effectiveness of security policies and enforcement in a country. The aim of the paper is two-fold. Firstly, the study presents an attempt to develop the Security Perception Index (PSI) based on Malaysia's specific context. Secondly, the study purports to measure the perception of Malaysia's security for the year 2021 using the developed PSI framework. Six domains were utilised based on the country's national policies on security and public order, such as the National Security Policy (2021–2025) and the Security and Public Order Policy (2019). A total of 15,461 samples were collected within the period of three months. The perception index score is 64.67%, which falls into the "perceived as safe" category and implies that the public perceives Malaysia as a safe country to live and work in. The scores are also calculated for each state and the Federal Territories, with Johor obtaining the highest score (72.37%) and Sabah with the lowest score (54.3%). Implications of the study include prevention and monitoring, law enforcement, and community engagement. Future studies should consider integrating secondary data such as crime, crime scene frequency, and visualisation using geographical information systems (GIS) to provide more integrated and real-time information. [ABSTRACT FROM AUTHOR]

Research on enforcing compliance with the European Union's (EU's) rule of law value has focused on the roles of the European Commission, the European Parliament and the Court of Justice of the EU. However, the Council of the EU has attracted less attention. Existing scholarship has convincingly established that the rotating Presidency can crucially influence the functioning of the Council, and, accordingly, this paper examines the discretionary impact the Presidencies have towards Art.7 procedures. Drawing on official documents and statements, this paper compares how the various Presidencies from 2018 to 2022 have used their privileged position on the Council's agenda to decide whether to move forward with hearings. In doing so, they selected appropriate agenda‐shaping strategies, shaped the Commission's perceived opportunities to exercise its agenda prerogatives, avoided compromises on the trios' agendas and, sometimes, benefited from not dealing with Art.7 to pursue other agenda priorities. The Presidency's wide room for manoeuvre hinders the Council's activity in scrutinising backsliding governments. [ABSTRACT FROM AUTHOR]

Individuals who engage in violence and other problematic behaviours, in Australia and other international jurisdictions, can be banned by police from entering certain locations. Bans are expected to deter recipients from further inappropriate behaviours, reduce crime, and increase community safety. This paper examines the operation of two banning mechanisms in Western Australia from the perspective of those charged with their imposition and enforcement. Interviews were conducted with 54 key informants, including police officers, licensees, and venue staff. Interviewees supported police bans as an appropriate way to address disorderly behaviours, and there was consensus regarding key policy objectives and desired outcomes. However, specific policy refinements were identified – including more effective data sharing to improve identification of recipients, more flexible breach provisions, and the introduction of temporary bans – to increase the enforceability and effectiveness of the provisions. Police banning powers in other jurisdictions may benefit from consideration of these findings. [ABSTRACT FROM AUTHOR]

• Internal regulation and external regulation contribute to reduced engagement in speeding and phone use while driving. • Internal regulation is influenced by perceived legitimacy, risk perception, and repeated engagement in speeding and phone use while driving. • Females and older drivers reported greater capacity for internal regulation. • Fewer hours spent driving was associated with greater internal regulation. • Higher certainty of apprehension was associated with greater external regulation. Risky and non-compliant driving behaviours contribute to road crash fatalities and serious injuries globally. Enforcement measures are essential but shown to be limited in reach and effectiveness. As such, it is critical to examine root causes of engagement in non-compliance to develop effective countermeasures. Self-regulation is an under-researched construct recently found to be important in reduced engagement in unintentional and deliberate risky driving behaviours. This study explored factors that are associated with regulatory processes for mobile phone use while driving and speeding, guided by self-determination theory. Licensed drivers aged 17 years and over (n = 1,146) were recruited to participate in an online survey. Hierarchical multiple linear regressions were conducted finding internal (self) and external regulation accounted for 28 % of the variance in mobile phone use while driving and 39 % of the variance in speeding. Across the behaviours, internal regulation was found to be similarly influenced by legitimacy, risk perception and repeated engagement in the behaviours, with greater perceived legitimacy of enforcement, a higher risk perception and less engagement in non-compliance predicting greater internal regulation. Females, who comprised 53 % of participants, and older participants (age range 17–82 years) reported greater capacity for internal regulation across the behaviours, and fewer hours spent driving was predictive of internal regulation. Greater external regulation was predicted by higher perceived certainty of apprehension for both behaviours, and a lack of regulation was predicted by habitual behaviours for mobile phone use while driving. While there were similarities between the regulation of speeding and mobile phone use while driving, nuances were recognised that are important for targeted interventions and identifying effective components of countermeasures. The findings are anticipated to enhance current systems of enforcement to have a greater impact on reducing engagement in risky behaviours and consequential road trauma with countermeasures informed by self-determination theory. [ABSTRACT FROM AUTHOR]

Violations of environmental regulations often involve multiple parties since companies, as well as employees of the companies, face regulatory obligations and can expend compliance-enhancing effort. When deterring such violations by punishing violators, court judges must determine which party or parties to punish with sanctions. Our study explores such sanction decisions made by Belgian judges in response to environmental offenses and the defendants' intent to comply as captured by three key Belgian legal elements reflecting culpability: purpose, willingness, and knowledge. Our empirical results reveal that the three culpability factors play strong roles in shaping judges' sanction decisions, especially the relative use of firm sanctions and employee sanctions. As important, our empirical results strongly demonstrate that judges appear to perceive firm and employee sanctions as complements. [ABSTRACT FROM AUTHOR]

The British Equality Act 2010's Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the role of the PSED in enhancing accessibility—either in the specific context of streetscapes or more generally. Here, we present the findings of a doctrinal and qualitative study on this topic. It consists of a critical review of relevant case law and an empirical study in which we interviewed disability campaigners, lawyers, and people working in or for public authorities. Two broad issues emerged from the empirical investigation: involvement and enforcement—on each of which our interviewees identified a range of concerns. These, together with our critique of case law, inform our analysis of the impact and effectiveness of the PSED in the context of streetscape accessibility, and accessibility more broadly. We conclude that, while the PSED (together with other Equality Act duties) is charged with a critical role in embedding equality—and, therefore, accessibility—in public authority decision-making, various factors have severely hampered its ability to deliver. Accessibility too often appears to be subordinated to other policy agendas instead of being embedded within them. There is an urgent need for reform to ensure that accessibility is suitably prioritised—both generally and in the particular context of streetscapes. [ABSTRACT FROM AUTHOR]

The DMA aims to ensure fairness and contestability in digital markets by imposing ex-ante obligations to designated gatekeepers. Enforcement of the regime was entrusted to the Commission and the procedure mirrors the antitrust regime. However, the designers of the Regulation opted to exclude a role for the Hearing Officer from market investigation proceedings. The Hearing Officer is an independent Commission Official whose main role is to safeguard the undertakings' procedural rights and rights of defence, decide on procedural disputes, and organize oral hearings. Despite some criticisms to the limited extent of their powers, the Hearing Officer fulfils an important role in competition proceedings. Exclusion of their competence from the DMA procedure may result in an increase to the Commission's decisional powers, reduce public trust, lower the quality of the procedure, and deprive it of the valuable oral hearing option. [ABSTRACT FROM AUTHOR]

Whereas corporate insiders at U.S.-listed, U.S.-domiciled companies must disclose their stock sales electronically within two business days on Form 4, the U.S. Securities and Exchange Commission (SEC) exempts insiders at U.S.-listed, foreign-domiciled companies from this requirement. Instead, these "foreign insiders" report their sales on a paper form mail-filed with the SEC. Using a unique data set compiled from digitized versions of thousands of paper forms, we examine the stock sales of foreign insiders and compare their trading to that of their U.S. counterparts. Consistent with a lack of public scrutiny facilitating opportunism, we show that foreign insiders' stock sales are highly opportunistic and opportunistic trading is concentrated in companies that are domiciled in nonextradition countries beyond the reach of U.S. legal authorities: specifically, Russia and China. The average stock sale by foreign insiders affiliated with companies domiciled in these countries is more than four times larger than that of U.S. insiders and occurs prior to stock price declines of at least −18%. In our sample, we estimate that insiders at these companies have traded to avoid losses of more than $9 billion. Collectively, our results suggest that corporate insiders associated with Chinese and Russian companies listed on U.S. exchanges trade in a highly opportunistic and abusive manner. The SEC's decision to exempt these insiders from Form 4 reporting requirements prevents much needed public scrutiny of their trading and, in turn, prevents market forces from disciplining their trading. This paper was accepted by Suraj Srinivasan, accounting. Funding: We thank our schools and the Dean's Research Fund at Wharton for financial support. Supplemental Material: The data files are available at https://doi.org/10.1287/mnsc.2022.02131. [ABSTRACT FROM AUTHOR]

The national quality framework (NQF) has been implemented to improve the safety and quality of alcohol and other drug (AOD) treatment and provide a nationally consistent approach to treatment quality in Australia. At the same time, concerns have been raised that, in the absence of appropriate regulatory structures to support the NQF, the quality and safety of AOD treatment services cannot be guaranteed in Australia. An effective enforcement strategy is critical to the ability of the NQF to provide a nationally consistent approach to the delivery of AOD treatment in Australia. The monitoring and enforcement strategy proposed by the NQF encompasses two different mechanisms. For specialist AOD treatment providers in receipt of government funding, monitoring and enforcement of the NQF will occur via contractual arrangements. For providers not in receipt of government funding, monitoring and enforcement will be managed by regulatory mechanisms as decided by each jurisdiction. This proposed enforcement strategy raises the question of whether contractual arrangements are the most effective mechanism for monitoring and enforcing the NQF in publicly funded specialist AOD treatment providers. This paper considers whether a licensing regime may address the shortcomings that arise from the proposed strategy. It argues that the pluralistic approach to the monitoring and enforcement of the NQF will result in substantive differences in how the NQF is enforced both within individual jurisdictions and on a broader national level. A licensing regime, therefore, would be a more appropriate monitoring and enforcement strategy. [ABSTRACT FROM AUTHOR]

Purpose: Stockbrokers' frauds in India frequently occur, causing investors significant financial loss. This study aims to unfold the various dubious practices adopted by stock brokers in the recent past to defraud investors and the necessary corrective regulations passed by the market regulator to prevent and detect fraud. Design/methodology/approach: The authors conduct exploratory research using a collective model of literature review, case studies and regulatory changes. Findings: The authors find tightening the system's loopholes and strengthening the regulatory system using technology helps in the early detection and prevention of fraud. Media activism and investors' awareness play a role in reducing incidences of fraud. Research limitations/implications: This study unfolds the practices followed by stock brokers to defraud investors, indicative of regulatory gaps and enforcement lapses. Regulators are evolving a robust system to curb these practices and make them on par with international standards. But, it has a long way to go. Practical implications: Robust fraud detection and prevention mechanism is desirable to restore investors' confidence in the stock market. Regulators should focus on investors' protection and education and whistleblowers' protection. Compared to the market regulators worldwide, the Securities and Exchange Board of India has less power to identify, detect and punish fraudulent brokers and needs to be empowered. Social implications: Besides the regulatory changes, strict enforcement and investor campaigns are required to increase public awareness and restore trust in the stock market to combat the recurrence of fraud. Originality/value: This paper can be helpful to regulators, investors and financial intermediaries like stock brokers and aid in strengthening the reliability of capital markets and restoring investors' confidence. [ABSTRACT FROM AUTHOR]

Food security and securing right to food for all is one of the essential mandate for a welfare State especially for achieving aspiring targets of Sustainable Development Goals 2030. Judicialisation of right to food is a substantial way through which right to food can be protected and implemented at domestic level. The Indian experience of right to food adjudication depicts that the Supreme Court has carved out an expansive role for itself through judicial activism to secure the fundamental rights of the citizens. The PUCL case, popularly called as right to food case has set off a cascade of judicial action and made India a model showing how courts can effectively implement socio-economic rights through judicial intervention. This model of adjudicatory leadership by the constitutional courts shows a remedy-oriented approach which have overcome the normative concerns of democratic legitimacy and polycentricity. Courts have strengthened the institutional legitimacy through participatory democracy with citizens and adjudicated multifaceted policy concerns. The author put forth the emergence of 'triad model' of adjudication where interaction of courts, local bodies and citizens makes enforcement of the right more practicable. The article concludes that Courts can be a catalyst for transforming public policy implementation by securing basic right to the citizens through innovative remedies. [ABSTRACT FROM AUTHOR]

Background: Although the sale of alcohol to obviously intoxicated patrons (i.e., overservice) is illegal in 48 U.S. states, the likelihood of overservice at bars and restaurants has exceeded 80% across multiple studies, states, and decades. Place of last drink (POLD) enforcement is one proposed strategy to address alcohol overservice. When law enforcement agents respond to an alcohol‐related incident, they ask the individuals involved where they had their last alcoholic beverage. POLD information is recorded and ideally systematically reviewed to identify locations that are frequently places of last drink. Law enforcement or other agencies may follow up with or penalize the alcohol license holder at these locations. We compared the likelihood of overservice in communities conducting POLD with communities that did not conduct POLD in Minnesota. Methods: Pseudo‐intoxicated patrons acted out signs of obvious intoxication while attempting to purchase alcohol at 396 bars and restaurants in 26 communities conducting POLD and 26 comparison communities. We calculated rates of alcohol sales to the pseudo‐intoxicated patrons overall and in POLD communities versus comparison communities. Results: The overall sales rate to the pseudo‐intoxicated buyers was 98%. Rates of sales were 99% at establishments in POLD jurisdictions and 97% in comparison jurisdictions. There were no common characteristics, such as perceived gender/age of the server/bartender or crowdedness of the establishment, among the seven establishments that refused alcohol service. Conclusions: Our study shows that, as currently implemented in Minnesota, POLD does not reduce the overservice of alcohol at a jurisdiction level. More research is needed to identify interventions that yield sustained reductions in the overservice of alcohol. [ABSTRACT FROM AUTHOR]

This article analyses the optimal punishment structure set by a regulator in banking markets under asymmetric information. Relying on a theoretical model, we analyse whether a decreasing, constant, or increasing sanction scheme deters potentially repeated offences in banking. We find that an increasing punishment structure is efficient in reducing gambling bank behaviour. This holds if and only if the regulator's detection probability is low or the amount gambled by the bank, if it would cheat, is high. With this paper, we provide justification for the current policy practice. [ABSTRACT FROM AUTHOR]

George Diacont was the first Director of Registration and Inspections for the Public Company Accounting Oversight Board (PCAOB). Diacont joined the PCAOB in March 2003, shortly after it commenced operations. His approach was to build a team of highly skilled professionals and encourage them to contribute their best ideas. His leadership style was to support his team, listen to their ideas, and make the best decisions possible without concern for praise or recognition. He also worked to instill a "regulatory attitude" in the former auditors who had become inspectors. This paper describes Diacont's long and distinguished career in government service beginning with his military service in the U.S. Marine Corps. He spent 24 years at the Securities and Exchange Commission and five years in the Listing Investigation group at the NASDAQ stock market. He served nearly eight years at the PCAOB before he retired in 2011. JEL Classifications: M4. [ABSTRACT FROM AUTHOR]

When the Philippines passed into law its competition act in 2015, it was one of the last countries to enact such law in the region. Its competition authority was formed a year later. Eight years since, and the Philippine Competition Commission's (PCCs) implementation of the law remains an uphill climb. As a new set of leadership took the helm of the Commission, its chairperson outlines reflections, musings, and lessons learned in heading a young agency one year in. [ABSTRACT FROM AUTHOR]

On 18 October 2023, the EU adopted the long-awaited New Consumer Credit Directive. This directive will replace the 2008 Consumer Credit Directive which has been criticized for two main reasons. First, the information paradigm of consumer protection reflected in the directive has been widely regarded as incapable of protecting consumers against irresponsible lending. Second, the directive has been viewed unfit for ensuring consumer protection in an increasingly digital marketplace. To remedy the shortcomings of the old directive, the revised directive widens the scope of its application, tailors the existing rules to the consumer needs in the online lending environment, and introduces new, more protective rules. But does this suffice to ensure responsible lending in the digital consumer credit markets? To answer this question, this article critically assesses the key changes introduced by the New Consumer Credit Directive, against the backdrop of the large-scale irresponsible lending practices that have troubled the consumer credit markets across Europe over the last decade or more. It concludes that the revised directive represents a major step forward in combating such practices and protecting European consumers against overindebtedness in the digital marketplace. At the same time, however, the effectiveness of the new directive will depend considerably on its implementation and enforcement in the EU Member States. [ABSTRACT FROM AUTHOR]

In recent years, Pakistan has faced devastating floods, droughts, and cyclones, highlighting its vulnerability to climate change impacts. This article examines Pakistan's legal, regulatory, and environmental policies in the context of climate justice, considering socio-economic factors. Despite efforts to protect the environment and ensure fairness, challenges persist in implementation and enforcement. Key legislation, such as the Environmental Protection Act of 1997 and the National Climate Change Policy of 2012, aim to mitigate climate risks. However, gaps remain in addressing issues like water management, forestry, and renewable energy. Enhancing community participation and meeting international climate commitments are crucial steps towards sustainable development in Pakistan. [ABSTRACT FROM AUTHOR]

How does the European Union's enforcement of democracy and rule-of-law standards influence the domestic public's attitudes toward backsliding governments? On the one hand, enforcement actions by international organisations may increase the costs of supporting backsliding governments and provide informational cues about non-compliance with international norms. On the other hand, scholars and practitioners worry that enforcement actions create ‘rally-around-the-flag’ effects that inadvertently increase support for backsliding regimes. We report descriptive, experimental, and quasi-experimental results from a survey designed to assess the public-opinion effects of EU action in response to rule-of-law backsliding in Poland. The survey results suggest both that Polish citizens perceive the EU as a main critic of measures undermining judicial independence and that these perceptions are correlated with opposing the targeted measures. We find no evidence that additional information about EU actions turns public opinion against the targeted measures but there is also no evidence of any rally-around-the-flag effect. In diagnosing the null findings from our experimental and quasi-experimental designs, we also highlight important challenges associated with using survey-experimental methods to assess the effectiveness of EU interventions in ongoing and salient public debates. [ABSTRACT FROM AUTHOR]

When dealing with EU's rule of law (RoL)-related issues, the Commission has often adopted a forbearance approach and the actions taken have crystallised in soft enforcement mechanisms directed at Poland. However, the use of the Conditionality Regulation as an enforcement instrument in 2022 in relation to (lack of) RoL compliance signalled a change into an assertive approach towards Hungary. Why so? This paper argues that exogenous events may change policy priorities and linkage of issues explain this change. Russian aggression against Ukraine prompted a shift in the priorities of member states' governments making them more receptive towards EU Commission enforcement actions. The Hungarian government's friendly attitude towards Russia clashes with the position of most member states and the Commission itself. Orban's partial isolation makes the Commission more willing to exercise RoL enforcement initiatives. Hence, supranational RoL-related forbearance is, at least in critical situations, affected by the calculus of opportunity that the Commission derives from other policy areas. Empirically, the process is traced through official/public documents and statements made by EU actors. [ABSTRACT FROM AUTHOR]

Limitations of current global health governance revealed during the COVID-19 pandemic can inform the ongoing deliberations of an international treaty on pandemics. To report on WHO definitions for governance and the enforcement of treaties in the context of a proposed international treaty on pandemics. This narrative review was based on keyword searches related to public health, global health governance, and enforcement in PubMed/Medline and Google Scholar. Snowballing for additional articles followed the keyword search review. WHO lacks a consistent definition of global health governance. Moreover, in its current state, the proposed international treaty on pandemics lacks articulated compliance, accountability, or enforcement mechanisms. Findings reveal that humanitarian treaties often fail to achieve their aims absent clear enforcement mechanisms. The proposed international treaty on public health is garnering a range of perspectives. Decision-makers should evaluate whether a globally aligned definition of global health governance is needed. Decision-makers should also consider whether the proposed international treaty on pandemics should be opposed if it lacks sufficiently clear compliance, accountability, and enforcement mechanisms. To our knowledge, this narrative review is believed to be the first of its kind to search scientific-oriented databases regarding governance and international pandemic treaties. The review includes several findings that advance the literature. These findings, in turn, reveal two key implications for decision-makers. First, whether an aligned definition for governance addressing compliance, accountability, and enforcement mechanisms is needed. Second, whether a draft treaty lacking enforcement mechanisms should be approved. [ABSTRACT FROM AUTHOR]

Prosocial punishment is a process of enforcement that promotes a partner's cooperation in a sustained relationship and is an important mechanism in the evolution of cooperative behaviour. The 'pay-to-stay' hypothesis predicts that in cooperatively breeding animals, dominant breeders punish idle subordinates (helpers) that assist breeders in offspring care to promote their cooperation. However, limited evidence demonstrates that subordinates increase helping effort in response to breeder aggression; therefore, whether breeder aggression functions as punishment remains unclear. In the laboratory, we observed idle helpers of the cooperatively breeding cichlid fish Neolamprologus savoryi and whether dominant breeders punished them. Breeders increased their aggression towards subordinates that were prevented from helping by 2 h removal from the tank, and attacked helpers subsequently increased territorial defence depending on breeder aggression level, suggesting that breeder aggression functions as punishment. No breeder aggression was observed when helpers performed pre-emptive helping behaviour prior to dominant breeder attacks. Notably, dominant breeders punished even their offspring when idle, suggesting that the helping behaviours of relatives may be facilitated by parental punishment. Our study shows that dominant group members can use punishment to elicit help from subordinates, even in nonhuman animals. • We tested whether dominant breeders punish idle helpers in Neolamprologus savoryi. • Breeders increased their aggression towards helpers prevented from helping. • The helpers that were attacked by the breeders increased territorial defence. • Pre-emptive helping by subordinates may function as pre-emptive appeasement. • Dominant breeders can use punishment to elicit help from subordinates even in fish. [ABSTRACT FROM AUTHOR]

We ask whether firms behave differently depending on the political party in charge, above and beyond responding to any actual differences in policy. We use the pollution abatement behaviour of U.S. Steam Electric Power Plants under the Clean Water Act as our case study. Exploiting the variation provided by the outcome of tightly contested gubernatorial elections, we provide causal evidence that large firms respond to the political 'colour' of the governor in the state they operate, even when neither the stringency nor the enforcement of the rules depend on it. Within a theoretical model of the interaction between the regulator and the regulated firms, we show that multiple equilibria arise, and the outcomes of the election provide an effective coordination device. This unexpected behaviour has real-world consequences and leads to significant differences in pollution levels. [ABSTRACT FROM AUTHOR]

The EU’s Digital Markets Act will require certain large tech firms’ ecosystems to become more open. The Act contains few exceptions – but law-makers did include special protections for undertakings providing operating systems, like Apple and Google, to protect security. This paper explores how the Commission should assess these measures. It argues that security is not a “trump card” to undermine the Act’s objectives – instead, Apple and Google must balance security benefits of their measures against any limitations on contestability. Furthermore, the Act should continue to allow both firms to differentiate their products’ approach to security. However, Apple’s (and to a lesser extent Google’s) security measures are likely to be heavily disputed. The Act does not give the Commission effective powers to efficiently resolve such disputes nor to force gatekeepers to change their approaches to security. [ABSTRACT FROM AUTHOR]

Biodiversity continues to decline despite protected area expansion and global conservation commitments. Biodiversity losses occur in existing protected areas, yet common methods used to select protected areas ignore postimplementation threats that reduce effectiveness. We developed a conservation planning framework that considers the ongoing anthropogenic threats within protected areas when selecting sites and the value of planning for costly threat‐mitigating activities (i.e., enforcement) at the time of siting decisions. We applied the framework to a set of landscapes that contained the range of possible correlations between species richness and threat. Accounting for threats and implementing enforcement activities increased benefits from protected areas without increasing budgets. Threat information was valuable in conserving more species per spending level even without enforcement, especially on landscapes with randomly distributed threats. Benefits from including threat information and enforcement were greatest when human threats peaked in areas of high species richness and were lowest where human threats were negatively associated with species richness. Because acquiring information on threats and using threat‐mitigating activities are costly, our findings can guide decision‐makers regarding the settings in which to pursue these planning steps. [ABSTRACT FROM AUTHOR]

Deliberate non-enforcement of the law has been analyzed as a policy tool to redistribute income. I show that it also responds to political incentives for the provision of insurance, resembling two well-known dimensions of social policy design. I analyze data from a large informal program of social insurance in the world: informal access to electricity service. Transmission and distribution losses (TDL) in the electricity sector are counter-cyclical because non-compliance and theft increase during economic crises. By exploiting variation in political institutions, I capture political motivations for the provision of informal insurance. Using a panel of 110 developing countries (1970–2014) and instrumental variables for business cycles and regime type, I show that unlike highly entrenched autocrats, democracies tolerate increases in electricity losses during negative income shocks. This paper expands the literature on "forbearance" showing how the provision of informal insurance varies across the developing world. [ABSTRACT FROM AUTHOR]

Despite little evidence of efficacy, public information campaigns have been a popular strategy for deterring migration. Advertising campaigns to dissuade would-be migrants from leaving home or seeking asylum are increasingly prevalent around the world, and Australia has devoted millions of dollars to these campaigns. Perhaps the most famous is the campaign launched in 2014, with the message: "No Way. You will not make Australia home." In this article, I develop the concept of enforcement infrastructure to illustrate the relationships, technologies, actors, and policies that together facilitate enforcement of Australia's borders and produce campaigns such as the "No Way" campaign. Just as infrastructure facilitates the production of value in other contexts, so too does the creation of enforcement infrastructure produce different types of value in the context of enforcement. Mapping the enforcement infrastructure highlights the different types of value produced by this constellation of actors, from profitable market research to reinforcing colonial logics of exclusion. [ABSTRACT FROM AUTHOR]

The International Labor Organization (ILO) labor standard is crucial for ensuring labor rights, making it imperative for member states to adopt labor policies that align with and comply with the ILO. With this in mind, this manuscript addresses three key questions: First, what does the term 'labor standard' mean under the ILO? Second, does Bangladesh's labor policy align with the ILO? Third, how can compliance with labor policy be improved to safeguard labor rights in Bangladesh? This qualitative study employs an interdisciplinary pure legal research methodology, as established by Arthurs in 1983, within the academic constituency. The findings reveal that labor legislation in Bangladesh often deviates from the ILO labor policy. In many cases, there is a lack of effective inspection mechanisms to enforce labor laws, and the penalties, incarceration, and other sanctions for labor law violations are inadequate. This leads to insufficient implementation of the law in Bangladesh, resulting in numerous violations of workers' rights. [ABSTRACT FROM AUTHOR]

This study revealed that wildlife law enforcement in Uttar Pradesh, India is facing several challenges, making it ineffective. The study aimed to identify these challenges and examine the enforcement strategies employed by wildlife officers. Officers were given a questionnaire, which revealed that they mostly relied on deterrence tactics to enforce laws by detecting and punishing violators. In Uttar Pradesh, a total of 746 cases of wildlife crime were registered, making it a major concern in North India. According to the NCR Bureau report, since 2016, Uttar Pradesh has accounted for more than 25% of the country's wildlife crime cases. Out of the total cases registered, 551 were pending in the department, 91 cases were pending in court, and 108 were compound cases. According to our observations, most of the respondents were male, accounting for 58.5%, while females comprised the remaining 41.5%. The age distribution of the respondents was as follows: 45.7% were between 36-49 years old, and 22.8% were middle-aged or older. Most of the respondents had over 10 years of experience in the field and had extensive knowledge about wildlife. When it came to educational qualifications, 41.5% had completed high school, 31.1% had undergraduate degrees, and 11.2% had graduate degrees. Most of the respondents had passed the elementary Certificate of Education. Based on their academic qualifications or work experience, 57.3% of the respondents claimed to know wildlife and forests, while 6.9% declared expertise in law and biology, respectively. Although respondents may use a combination of strategies to enforce laws, the survey results show a higher mean score for deterrence strategy (M = 5.05, SD = .396) in both states compared to compliance strategy (M = 4.43, SD = .621) and responsive regulation (M = 3.61 SD = .561). These findings could be valuable in developing capacity-building programs for wildlife officers and helping decision-makers at the state and federal levels allocate resources to wildlife authorities. [ABSTRACT FROM AUTHOR]

Efficient environmental resource management is a major problem for countries participating in the Belt and Road Initiative (BRI) in sustainable development (SD). This article determines the effects of BRI policy and institutional factors (corruption control, rule of law, and political stability) on sustainable development in 103 BRI countries between 2007 and 2019. We use across high-income, upper-middle-income, lower-middle-income, and low-income (LI) countries. The main findings indicate that BRI and institutional variables like the rule of law, political stability, and corruption control are critical in boosting SD. The interacting effect between BRI and institutional factors can improve SD. Overall, the findings show that the BRI and combined performance of institutional quality indicators are lower in LI countries as compared to other income countries. Trade openness and human capital positively affect SD across the panel and all income groups. Our analyses imply two major policy implications: legislative assistance in the form of institutional enforcement is essential to establish effective and productive natural resource management policies, and when creating environmental resource protection policy from the aspect of environmental governance, various institutional structures should be examined. [ABSTRACT FROM AUTHOR]

The dataset contains Fourier-transform infrared (FTIR) spectroscopic analysis of fuels in maritime cases and biodiesel–diesel blends B7 and B10 from Malaysia. Fuels in maritime cases were donated by Agensi Penguatkuasaan Maritim Malaysia (APMM) in March 2023. The crime-related oil samples originated from maritime crime scenes located within Terengganu and Johor, Malaysia. Meanwhile, B7(DE5) and B10(D0) samples were obtained from pump stations in 2021. They are fuels used in Malaysian transportation system. The FTIR analysis was acquired in the full regions of FTIR (6000–80 cm−1) which are near-infrared (NIR), mid-infrared (MIR), and far-infrared (FIR). The IR spectra were recorded using Bruker Invenio-R (Universiti Putra Malaysia) spectrometer equipped with attenuated total reflection (ATR) (2 mm) diamond with an accumulation of 64 scans at a spectral resolution of 4 cm−1. Spectral analysis was carried out by OPUS 8.7.41. The data highlights the potential of NIR, MIR, and FIR spectroscopy as a powerful tool for forensic analysis in maritime crime investigations. This includes the potential of utilizing the Hierarchical Clustering Analysis (HCA) to discriminate between type of fuels in forensic cases.

The illegal online trade in wildlife has increased significantly over the last 2 decades. Applying a systematic survey approach, we examined the online trade in elephant ivory before and after the implementation of a domestic trade ban in Singapore, to understand the forms of elephant ivory offered for sale, the e-commerce sites used and the effect of the domestic trade ban. Using elephant ivory and lookalikes in form, shape and colour as proxies for elephant ivory, we found that most of the online listings consisted of bird cages and related accessories such as bird feeding cups and ornaments used to adorn them. After the domestic trade ban in elephant ivory was implemented on 1 September 2021, a 76% drop in total listings was observed. Causal impact analysis indicated a strong causal effect of the domestic trade ban, resulting in an 83% drop in the mean number of new listings found weekly relative to the predicted counterfactual market response based on a Bayesian structural time-series model in the absence of the ban. E-commerce sites play an important role in combatting illegal wildlife trade online by removing flagged listings and sending notifications to raise awareness of the ban. We found textual descriptions of products to be more effective for preliminary differentiation of legal and potentially illegal listings compared to the detection of Schreger lines in images, although this remains a significant challenge for law enforcement. Our findings can inform future efforts to develop automated detection methods for elephant ivory in online markets.

Background: One enforcement strategy used to address illegal sales of alcohol to intoxicated patrons (i.e., overservice) is Place of Last Drink (POLD). When law enforcement responds to an alcohol-related incident, they ask persons involved in the incident where they had their last drink; POLD data can then be used to track patterns of overservice. Methods: We evaluated potential effects of a POLD initiative in one state (USA) on the attitudes and perceptions of serving staff (i.e., bartenders and servers) about their experiences in refusing sales to intoxicated customers. We conducted interviews with 44 serving staff across 24 communities (14 communities that participated in the POLD initiative and 10 comparison communities). We analyzed the interview transcripts using a qualitative matrix to identify major themes. Results: We found few differences across the two study conditions, with interview participants having no apparent awareness of POLD and many stating that overservice occurs frequently without law enforcement getting involved. One difference we identified was serving staff from communities in the POLD initiative reporting generally positive experiences with their managers when refusing sales to intoxicated patrons, whereas serving staff in comparison communities more commonly saying they were overruled by their managers. It is possible that these differences are the result of the POLD initiative; however, more research is needed. Conclusions: In general, serving staff across communities share many similar perceptions and attitudes around overservice. These findings can inform future implementation of POLD and other strategies to reduce overservice of alcohol. [ABSTRACT FROM AUTHOR]

The EU has powerful enforcement mechanisms to curb democratic backsliding and support the rule of law in its member states. While (the threat of) enforcement is necessary, sanctions might be difficult to accept as legitimate when they hurt a citizen's country. We study the perceived legitimacy of EU enforcement actions. We develop hypotheses about the influence of national identity, party support, procedural fairness, descriptive norm prevalence, and the likely effects of the sanctions on the future of cooperation. These hypotheses are tested with a survey experiment administered to a nationally-representative sample in Poland. The focus is on the substantial financial sanctions imposed by the EU concerning judicial independence. The results show that exclusive national identity, the perceived importance of the rule of law, support for European integration and party support are strongly associated with perceived legitimacy. Providing information about the prevalence of public support for judicial independence in the country increases significantly the perceived legitimacy of enforcement actions. We find no evidence for effects of arguments about Polexit, future deterrence effects of the sanctions or their procedural (un)fairness. EU sanctions might not lead to further backlash among the domestic public, but they are unlikely to generate public pressure for reforms. [ABSTRACT FROM AUTHOR]

AbstractBackgroundMethodsResultsConclusionPlace of Last Drink (POLD) is a strategy used by some law enforcement agencies to identify bars and restaurants that overserve patrons. When responding to an alcohol-related incident, ideally officers systematically record the last drinking location of the individuals involved and follow up with locations that are frequently named as a source of last drink. The likely success of this strategy, as with many strategies, is dependent on how fully it is implemented. We assessed implementation of a POLD initiative in Minnesota (USA).We surveyed 26 law enforcement agencies about their POLD implementation. We created and assessed four components: Start-up, Data Collection, Stakeholder Awareness, and Follow-up. Five researchers independently rated each agency on each component, resolving discrepancies through consensus. We combined component ratings to create an overall high, medium or low implementation rating,We found considerable variation in ratings for each component and in overall levels of POLD implementation across the 26 agencies. Nine agencies were rated as having overall high implementation, five as medium, and 12 as low.Considering implementation levels allows a more granular assessment of the components necessary for optimal implementation of POLD and other programs, and how they may affect outcomes. [ABSTRACT FROM AUTHOR]

The focus of the 21st century-built environment professionals is not just about building houses, rather conscious effort geared towards adequate housing provision and enforcing minimum standards and setbacks with the aim to achieve a sustainable environment. This study assessed adequate housing provision and the challenges of enforcing minimum standards/setbacks in Oyo community. To achieve this, various literatures in form of published journals and books shall be consulted. Visits to various sites were done were pictures of building projects that are below the minimum or approved standard were seen and captured. The study identified practical cases of selected houses which do not conform to the minimum standard, identified the major reasons why they do not meet minimum standards and the factors affecting enforcement and compliance, determined the impact of the identified factors and proffered solution to the identified challenges. The study further encouraged collaborative efforts aimed at effectively tacking further challenges and as encouraged efforts aimed at providing quality housing devoid of deviation from minimum standards. [ABSTRACT FROM AUTHOR]

The Digital Markets Act (DMA) aims at promoting contestable and fair markets for core platform services by setting out obligations for designated gatekeepers. As the DMA does not clearly define these objectives, it comes into conflict with national legislation with overlapping objectives. This may include unfair competition laws and sector-specific regulation. Article 1(5) DMA addresses this conflict by stipulating that Member States may not impose further obligations on gatekeepers for the purpose of ensuring contestable and fair markets. The effect this has is that national provisions vis-à-vis gatekeepers may not be applicable anymore, and competences are centralized on the European level more broadly than potentially envisaged by the European legislature. This centralization of competences runs the risk of inadvertently privileging gatekeepers by blocking national laws that are, however, still applicable to small and medium-sized enterprises (SMEs) and other firms competing with gatekeepers. This article suggests solutions to mitigate such a risk. [ABSTRACT FROM AUTHOR]

We examine the effects of mandating compensation disclosure on executive incentive contracts, earnings management, firm value, and social welfare. We develop a moral hazard model with multiple principal-agent pairs facing an external monitor who allocates resources across firms to verify earnings management. With such scrutiny allocation, contracts exhibit externalities that create a coordination problem among principals. Contract disclosure enables principals to design the contract anticipating the monitor's reaction. However, it may also exacerbate the coordination problem among principals because they do not consider externalities on other principals caused by the effects of their contract choices on the monitor's scrutiny allocation. If internal controls are relatively weak, contract disclosure may make contracts more strongly contingent on reported earnings, increase earnings manipulation, and nevertheless increase social welfare. Contract disclosure improves firm value only if the scrutiny resources available to the monitor are not strongly constrained. JEL Classifications: C72; D62; G38; M43; M46. [ABSTRACT FROM AUTHOR]

What strategies work best for enforcing sanctions? Sanctions enforcement agencies like the US Office of Foreign Assets Control (OFAC) face resource limitations and political constraints in punishing domestic firms for violating sanctions. Beyond monetary fines, sanctions enforcement actions also serve a "naming and shaming" function that tarnishes violators' reputations. Larger, higher-profile companies tend have much more at stake in terms of their reputations than smaller or less well-known firms. At the same time, punishing higher-profile companies for sanctions violations is likely to generate more publicity about the risks and potential consequences of not complying with sanctions. We theorize that OFAC should impose larger fines on high-profile companies to draw attention to those cases, make the enforcement actions more memorable, and enhance the reputational costs that they inflict. We conduct a statistical analysis of OFAC enforcement actions from 2010 to 2021 and find support for our theory. [ABSTRACT FROM AUTHOR]

In 2021, the European Union (EU) started to use material sanctions to punish democratic backsliding in Hungary and Poland. This policy change presents a puzzle for the existing literatures on international responses to backsliding. We theorise two distinctive processes that can account for why EU policy changed from inaction to enforcement. First, once the issue of backsliding in a member state has attained public salience across the other member states, their mainstream parties face domestic electoral incentives to support sanctions against illiberal governments abroad. Second, once backsliding governments also disrupt intergovernmental policy cooperation and threaten common policies at the EU level, even those actors who had been reluctant to defend EU values become more inclined to use sanctions. We demonstrate the plausibility of our explanation with evidence, first, of the increasing public and electoral salience of backsliding in other EU member states, and second, of the occurrence of a negative intergovernmental spillover through increasing attacks by backsliding member state governments against common policies. [ABSTRACT FROM AUTHOR]

Since the mid-1980s, Botswana has relied on community based natural resources management (CBNRM) to incentivize communities to choose environmentally beneficial behaviour to advance conservation efforts. This approach has had some success, although it has not been as successful as had been hoped. Nevertheless, it is well acknowledged that CBNRM can play an important role in advancing conservation efforts. The state is therefore working to revamp the CBNRM framework so that it consistently yields beneficial results for communities and conservation. This article relies on regulatory theory and experience with CBNRM in Botswana to identify what it would take to establish an effective CBNRM regulatory framework there. It establishes that Botswana has failed to secure effective CBNRM consistently, due to the lack of a dedicated CBNRM law and inadequately resourced institutions. It recommends the promulgation of a CBNRM law with a community-centred and / or rights-based approach, and the establishment of an adequately resourced institution, charged with regulating CBNRM in Botswana. [ABSTRACT FROM AUTHOR]

We document that regulatory enforcement actions for financial misrepresentation cluster in industry-specific waves and that wave-related enforcement has information spillovers on industry peer firms. Waves and spillovers have significant effects on share prices. Early-wave target firms have the largest short-run losses in share values and the largest information spillovers on industry peer firms. Late-wave targets' short-run losses are smaller, but not because they involve less costly instances of misconduct. Rather, late-wave targets are subject to more information spillovers from earlier in the wave. These results indicate that prices incorporate changes in the likelihood that a firm will face wave-related enforcement action for financial misconduct. Short-window share-price losses understate the total share-price impact, particularly for firms whose financial misrepresentation is revealed late in an enforcement wave. This paper was accepted by David Simchi-Levi, finance. Supplemental Material: The internet appendix and data are available at https://doi.org/10.1287/mnsc.2023.4711. [ABSTRACT FROM AUTHOR]