Self-regulation versus command and control? Beyond false dichotomies

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Sinclair, Darren

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The search for regulatory alternatives to command and control has led many commentators to promote, or at least contemplate, the use of self-regulation to improve the environmental performance of industry. However, much of the current debate has been characterized by a choice between two mutually exclusive policy options: “strict” command and control on one hand, and “pure” self-regulation on the other. In fact, there is a much richer range of policy options, with most falling somewhere between theoretically polar extremes. This article demonstrates that there are a number of “regulatory variables” which policymakers can use to “fine-tune” regulatory options to suit the specific circumstances of particular environmental issues. In the vast majority of circumstances, a combination of self-regulation and command and control will provide the ideal regulatory outcome.

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Law and Policy

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