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Charity regulation is increasing internationally, leading to divergent views on what might constitute "better regulation." The purpose of a charity regulator and appropriate regulation may also be contested. Many modern charity regulators are required to maintain public trust and confidence in charities in order to bolster ongoing charity support from funders and the donating public. Nevertheless, public trust and confidence is precarious. At its nadir, in England and Wales "the person in the street" was deemed more trustworthy than charities, with donations diminishing in the current environment and the charity sector close to crisis. Further, charities contribute to crises when they incite negative media interest in their operations, fail to comply with regulatory filing deadlines, and/or manipulate their accounts. Charity regulators must maintain legitimacy within a changing regulatory space, despite often being resource‐constrained themselves. Yet, some suggest regulators could "do more" to increase sector‐wide resilience and to increase public trust and confidence. Hence, this raises the question of how charities should be regulated and whether (and how) a regulator could build resilience. We depict charity‐sector crises as a vehicular incident and ponder: should the regulator act as a "Guardian Angel" to prevent crises through interventions to build and maintain sectoral resilience, or should it appear postincident as a "Tow Truck" to clear the road for other traffic through closely bounded regulatory action focused on sanctions and deregistration. We address this question by analyzing publicly available regulatory data from the Charity Commission of England and Wales and semistructured interviews, which provide additional "behind the scenes" depth to our analysis and findings. We contribute to literature on charity regulation and expected regulatory responsibilities within a confined but permeable regulatory space. [ABSTRACT FROM AUTHOR]

Using the concept of regulatory space, this article asks how both the state and non-state actors influence employment regulations particular to the gig-economy. To address this question a mixed method approach is used, including interviews with strategically placed informants involved in policy formation at national and international levels, content analysis of legal cases, parliamentary inquiry transcripts and policy reports. The analysis contributes to an understanding of employment regulation by the state in two ways. First, it reports distinct 'levers', which lead to a particular state role of 'ceding and seizing' regulatory power. Second, it argues that these levers ultimately serve the accumulation interests of capital over the legitimacy of employment rights for labour. The findings have wider societal implications for issues of equity, justice and employment regulation applicable to the gig-economy. [ABSTRACT FROM AUTHOR]

Copyright of Public Money & Management is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study examines the structural and policy obstacles hampering free movement of philanthropic capital across the EU’s ‘sea of generosity’. While free movement of capital is a key element in the EU single market as enshrined in the Treaty of Maastricht, this principle previously focused on the for-profit sphere and efficient markets. In 2009, the European Court of Justice (ECJ) confirmed that the free movement principle also covered philanthropic capital, with Member States being prohibited from restricting philanthropic capital movements and payments across borders. This decision should facilitate cross-border fundraising, investment, and tax-effective giving by both corporates and individuals. Yet, significant regulatory drag hinders the use of fiscal incentives, and to date, proposals for EU-wide policy solutions (e.g. a common public benefit definition) have failed. Using the theoretical construct of regulatory space, we highlight the regulatory space characteristics impacting cross-border philanthropic capital movement. This multi-regulatory space analysis finds that contrasting actions by regulators, disparate national policies and the dominance of tax evasion concerns affect the free movement of philanthropic capital across the EU. We argue EU philanthropy could be expanded if there was greater clarity regarding administrative taxation procedures and support for foreign charities and donors seeking to navigate the straits of comparability.

Judicialization scholarship suggests that states must seek the de‐judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some states seek a de‐judicialization yet others increased judicialization of dispute settlement mechanisms in their pursuit of regulatory space? This article advances a twofold argument. First, the concept of judicialization has been erroneously conflated with state perceptions of regulatory space under dispute settlement mechanisms. States aspiring to consolidate regulatory space may pursue de‐judicialization and increased judicialization alike. Second, states' preferences for de‐judicialization or increased judicialization to regain regulatory space should largely depend on conceptions of legitimate international law as either intergovernmental contracts or cosmopolitan quasi‐constitutional order. The article illustrates these arguments at the example of US and EU efforts to reform the Dispute Settlement Body of the World Trade Organization and investor‐to‐state dispute settlement. Both seek to increase regulatory space. Yet, the USA pursues de‐judicialization while the EU promotes judicialization. [ABSTRACT FROM AUTHOR]

Copyright of Policy & Internet is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper compares audit regulatory space in local government between the U.K.'s four countries – England, Northern Ireland, Scotland, and Wales. It addresses current arrangements and practices, their historical background, and rationales for regulation in order to derive lessons for the future of public audit. It draws on the notion of regulatory space as extended through new audit spaces that specifically include public audit. The study is based on interviews with audit professionals and policy makers in each country, extensive documentation review, and observation. The comparison is structured by four themes: 'Organisation and fragmentation' concerns how the system is accredited and imbued with institutional capital. 'Independence and competition' addresses the independence of accounting firms and auditors, 'audit scope' reporting, and 'inspection' the assessments and rankings that have become part of public audit. The four countries exhibited similar emphasis on financial audit and reporting. They treated performance and fairness aspects differently. [ABSTRACT FROM AUTHOR]

At present time, the quest of balance between public and private interests under investment treaty provisions has become a serious challenge for all of the concerned parties, namely for host states, foreign investors, arbitral tribunals, scholars and arbitration lawyers. This quest is driving the international invest-ment treaty regime to drastic changes. In this sense, this Article aims to determinate the role of regula-tory space factor in the light of changing investment treaty jurisprudence. For this purpose, the Article analyses current fundamental shifts in international investment treaty regime and attempts to explain the roots of these shifts, inter alia, by focusing on the regulatory space factor. It reveals the drawbacks of current treaty regime, the lack of balance between regulatory space and investment protection, the role of the regulatory space in new investment treaties. In conclusion, it would argue that regulatory space plays a pivotal role in overall shifts of treaty regime. It could not resolve the current issues of balance in the treaty regime, but to some extent will serve to strike a balance between the regulatory space and the investment protection. The scientific novelty of the article is determined by the fact that this research attempts to justify the determination of factor of regulatory space in changing investment treaty regime by building a chain of roots of the matter and further development. The subject of the research is inter-national investment law, particularly treaty regime. The Article employs doctrinal methodology to legal research from the perspective of historical, comparative and empirical analysis. The research under this Article is text-based and if applicable supported by the results of empirical studies.

It is now widely held that a variety of intermediary actors, including recruitment and staffing agencies, multinational corporations and local brokers, shape labour migration. This paper argues that in order to better understand the global circulation of labour it is necessary to explore the involvement of these actors in the production of the regulatory spaces through which migrant labour is brokered. Indeed, migration intermediaries do not only navigate borders on behalf of their migrant clients. Nor is 'the state' primarily a backdrop against which the understanding of the role of intermediaries may be developed. Instead, we argue, regulatory spaces of labour migration are made and remade through direct and indirect exchanges and interactions between intermediaries and state actors. Through an analysis of three moments of regulatory change in Sweden, the paper shows that such interaction does not take place in an even landscape but, rather, that the ability of migration intermediaries to influence the regulation of migration lies in the capacity to form close relationships or establish a powerful presence. A focus on the dynamic co-production of regulatory spaces by intermediaries and state actors, in our view, offers a more nuanced account of how labour migration currently is brokered and regulated. [ABSTRACT FROM AUTHOR]

European stakeholders engaged in combatting the eutrophication of the North Sea welcomed three Water Framework Directive innovations: a more holistic approach to quality, the binding nature of WFD objectives, and greater public participation. Twenty years later, however, there has been a disappointing amount of progress in the reduction of diffuse pollution. In the Seine River Basin, the amount of livestock rearing is low; yet the basin is subject to significant diffuse pollution due to agriculture. This paper reports our study of this case; we examine the literature on WFD implementation policy in order to identify the physical and social causes of this failure to reduce diffuse pollution. We show that the nitrates, phosphorus, and pesticides that affect ground, surface and marine waters are attributable to structural changes in agricultural production rather than to inefficient farming practices. We describe how a series of instruments that were designed to combat the diffuse agricultural origins of pollutants have had little effect. We identify the main obstacles to improvement as being the dispersion of the targeted public and the dispersion of benefits, given the current nature of legitimacy in the European Union. This case illustrates the fact that intensive agricultural production has an impact on water quality far beyond the problem of excess manure from livestock production.

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

There is an underlying tension between the goals of trade liberalisation and a nation's sovereign right to regulate on matters of public health. In terms of trade in goods, Article XX(b) of the General Agreement on Tariffs and Trade (GATT) allows for measures necessary to protect human health, as one of the general exceptions. The increasing proliferation of comprehensive Free Trade Agreements (FTA) also contains general exception clauses to protect human health. International Investment Agreements contain provisions carving out an exception for tobacco products, from the scope of Investor State Dispute Settlement (ISDS) claims against the host State. The aim of this article is to examine if the public health exceptions in FTAs differ from those under the GATT, and whether they can be used as an avenue for effective regulation. In the context of investment, the article examines if a 'carve‐out' from ISDS is a feasible option. The article concludes by observing that it may be difficult for FTAs to provide for broader regulatory autonomy to States, given the resort to the World Trade Organization (WTO) jurisprudence in FTA dispute settlement. Effectively, measures to regulate alcohol for the protection of public health may have to be designed and structured in a WTO compatible manner. In terms of ISDS, a 'carve‐out' from dispute settlement may provide increased regulatory space but would depend on whether consensus can be achieved in this regard. States should approach the regulation of alcohol in a comprehensive manner addressing potential challenges under the trade and investment regimes. [ABSTRACT FROM AUTHOR]

Based on two empirical cases, this paper illustrates and comments on the complexities of implementing and enforcing International Financial Reporting Standards (IFRS) in a national setting. The paper sheds light on the difficulties that arise in the local regulatory space when IFRS requirements start to shape national accounting legislation and regulations. The findings suggest that the investor focus and requirements for managerial judgement of IFRS can pose two problems. Firstly, an extended influence of IFRS creates tension with established institutions that have developed in the local accounting tradition. Secondly, local organisations can respond strongly to new IFRS regulations and their potential implementation, even if the contradiction with local practice bears no immediate economic consequence to them. The study contributes to the contextualisation of financial accounting in national culture by highlighting the different understandings and uses of IFRS by actors involved in the Swedish regulatory space. [ABSTRACT FROM AUTHOR]

European stakeholders engaged in combatting the eutrophication of the North Sea welcomed three Water Framework Directive innovations: a more holistic approach to quality, the binding nature of WFD objectives, and greater public participation. Twenty years later, however, there has been a disappointing amount of progress in the reduction of diffuse pollution. In the Seine River Basin, the amount of livestock rearing is low; yet the basin is subject to significant diffuse pollution due to agriculture. This paper reports our study of this case; we examine the literature on WFD implementation policy in order to identify the physical and social causes of this failure to reduce diffuse pollution. We show that the nitrates, phosphorus, and pesticides that affect ground, surface and marine waters are attributable to structural changes in agricultural production rather than to inefficient farming practices. We describe how a series of instruments that were designed to combat the diffuse agricultural origins of pollutants have had little effect. We identify the main obstacles to improvement as being the dispersion of the targeted public and the dispersion of benefits, given the current nature of legitimacy in the European Union. This case illustrates the fact that intensive agricultural production has an impact on water quality far beyond the problem of excess manure from livestock production. [ABSTRACT FROM AUTHOR]

The increasing uptake of environmental provisions in preferential trade agreements (PTAs) is well documented, but little is known about why countries prefer certain types of provisions over others. Exploiting a fine-grained dataset on environmental provisions in PTAs, we hypothesize that environmental provisions are more likely to be adopted when they aim at preserving countries' regulatory sovereignty. We find that the likelihood of adoption is indeed higher for defensive provisions, but this likelihood decreases if there is a large variation in PTA members' stringency of environmental regulations, and in particular, for PTAs with asymmetric power relationships. While countries first and foremost attempt to preserve their regulatory sovereignty when adopting environmental provisions, countries with stringent environmental regulations and strong bargaining power vis-à-vis their trading partners also try to level the playing field and pursue more offensive interests. [ABSTRACT FROM AUTHOR]

The debate over the prevalence of nation states as the main actors in the international arena has been going on for the past 40 years. This article focuses on a single aspect of the debate, namely the national sovereignty of states within the neoliberal investment regimes. The argument I make in this article is that while investment treaty-making in the past contributed to limiting the sovereign powers of governments in the domain of investment regulation, recent trends suggest that the states are actively seeking to increase their regulatory space. In order to demonstrate this, I develop a theoretical framework bases on the competing concepts of "right to regulate" and "investment protection". This framework is subsequently used to compare investment treaties signed in the 1990s with some of the most significant recently signed investment agreements. The analysis shows the way in which the more recent investment treaties increase the regulatory space of the states, which strengthens their national sovereignty. [ABSTRACT FROM AUTHOR]

The Equality and Human Rights Commission was created in 2006 with wide-ranging powers to protect human rights, promote equal opportunities and encourage mutual respect between different groups. Alongside the Commission, individuals through the courts, and sector-specific enforcers (such as ombudsmen and regulators) have also been given equality and human rights enforcement powers. Within this enforcement landscape, the Commission has struggled to craft an enforcement role for itself. For the first time, this paper, through the mapping of these different actors in their shared regulatory space, outlines a role for the Commission in equality and human rights enforcement. This role consists of three primary tasks: (i) taking action that courts and sector-specific enforcers are unable to perform; (ii) overcoming some of the limitations of private enforcement in the courts; and (iii) coordinating and supporting sector-specific enforcers. The paper concludes by exploring how the Equality and Human Rights Commission (EHRC) can effectively fulfil this role. [ABSTRACT FROM AUTHOR]

The abolition of the Australian Workplace Agreements by the Rudd Labor government in 2007 was viewed by management of mining organisations as a direct threat to the industry’s preferred workplace relations. These statutory individual agreements had provided management with high levels of prerogative and excluded unions from the workplace. This qualitative case study analyses the strategic choices that management in the Western Australian mining industry made in response to these policy changes. It details how management set out on a strategic course of action to preserve as much of the existing practices as possible. Drawing upon the analytical construct of ‘regulatory space’, it is shown how organisations managed to consolidate their individualised workplace relations well into the collectivised Fair Work regime. The construct brings to the forefront the significance of the intricacies of political processes in the making of legislation as well as the power relationships between regulators and regulatees. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Northeastern University (Social Science) / Dongbei Daxue Xuebao (Shehui Kexue Ban) is the property of Dongbei Daxue and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose – The purpose of this paper is to strengthen the theoretical understanding of the processes through which a new regulator seeks to gain legitimacy within an existing regulatory space. The authors do this by investigating the case of the Australian Charities and Not-for-profit Commission (ACNC). Design/methodology/approach – Synthesising legitimacy theory with the concept of regulatory space, the authors analyse formal public discourse surrounding the establishment and operations of the ACNC. Findings – Regulation is essentially a context-bound political process in which a new regulator needs to establish legitimacy to ensure its survival. It must convince its constituents that it has developed processes to operate effectively and professionally in addressing constituents’ needs, to bargain authoritatively with other regulators in establishing its operational boundaries, and to engage politically with government and constituents. Over a relatively short time, the ACNC built legitimacy, despite the political threats to its formal regulatory authority. Research limitations/implications – The conclusions are based on the analysis of one case. There is scope for further investigations of the processes by which new regulators establish their legitimacy in different contexts. Practical implications – The potential for a political threat to the authority of a new regulator, and the difficulty of achieving regulatory reform, particularly in a federated system such as Australia, highlight the necessity for a new regulator to develop a compelling discourse of legitimacy. Originality/value – The authors synthesise regulatory space and legitimacy perspectives, contributing to an understanding of the processes of regulation. [ABSTRACT FROM AUTHOR]