Regulatory Pluralism and Regulatory Mix

Abstract

Smart Regulation embraces complementary combinations of environmental instruments tailored to specific policy circumstances. It seeks to build on the concept of an enforcement pyramid, that is at the core of responsive regulation, by engaging government as well as business and other third parties in the regulatory process. As such, it canvasses a range of environmental instruments, including information, self-regulation, co- regulation, economic instruments, as well as command and control regulation. The use and application of various instrument combinations and regulatory actors are governed by a set of regulatory design principles that can adapt to different environmental imperatives and circumstances, and aim to provide for better regulatory outcomes. In this regard, complementary combinations of instruments are key. The principles of smart regulation are pertinent today where governments confront complex environmental issues, and yet appear unable or unwilling to produce adequate regulatory responses