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Chapter 2 - Blunt Force Regulation

Published online by Cambridge University Press:  28 January 2023

Denise Sienli van der Kamp
Denise Sienli van der Kamp
Affiliation:
University of Oxford
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Summary

This chapter clarifies why blunt force regulation is so distinctive. It begins by outlining two underlying logics regulatory enforcement, namely, “rules-based” regulation (which prioritizes effectiveness) and “risk-based” regulation (which prioritizes efficiency). Drawing on case details, it then illustrates how blunt force regulation fits into neither category, offering neither efficient nor effective regulation in the long-term. Instead, it represents an unusual combination of indiscriminate enforcement (which devalues compliances) and arbitrary but inflexible enforcement (which increases regulatory distrust and business uncertainty). This raises the question: Why blunt force regulation?

Keywords

Regulatory captureblunt force regulationrules-based regulationrisk-based regulationcommand and controlcooperative regulationenforcement failures
Type
Chapter
Information
Clean Air at What Cost?
The Rise of Blunt Force Regulation in China
 , pp. 28 - 48
Publisher: Cambridge University Press
Print publication year: 2023

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