Regulators around the world are attempting to reconcile the changing demands of 21st century economies with the insights two schools of thought, New Governance and Behavioural Economics, are offering. The common emerging theme, expressed by the UK and American administrations as well as in other...

In 2011, the Environmental Protection Agency and Army Corps of Engineers introduced a draft version of a guidance document that purported to clarify the jurisdiction of the Clean Water Act in accordance with recent Supreme Court Cases. Shortly thereafter, it became clear that the Draft Guidance...

This Article highlights the role of capture in providing a normative foundation for regulatory review of administrative action, which at the federal level is conducted by the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB). It also...

In contrast to the whirlwind pace and the efficiency with which the science and commercialization of modern biotechnology have developed in the past few decades, the creation of an adequate and comprehensive regulatory regime for agricultural biotechnology has proven to be a lengthy and arduous...

This paper aims to contribute to the understanding of the role of the EU in the global production of transnational law of risk regulation (TNLRR). TNLRR is defined as a harmonious, cross-jurisdictional regulatory environment that results from the circulation of risk regulatory models among...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

The commercial development of offshore methane hydrates will necessitate planning for accidental risk. Due to the unique risks and hazards associated with the development of offshore methane hydrates, it is unlikely that their development would be capable of beginning without some form of ex...

This contribution investigates the form and content of a new and updated European Union (EU) legal framework intended to regulate third-country import pipelines for gas, including the ‘upstream' component of the Nord Stream 2 pipeline. The article will first set the scene and examine the...

This paper evaluated the on-going developments in the bio-energy sector from a global perspective. It found some verisimilitudes between today's manoeuvres for beneficial stand-points by states and private investors alike to the jostling that took place in the early days of the discovery of the...

Although much has been written about the ethical implications of choosing to use cost-benefit analysis as a regulatory decision procedure, the ethical choices made “inside” cost-benefit analysis tend to be obscured by the technicality of cost-benefit procedures. Indeed, Congress, courts, and...