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Rights, Regulation, and the Technological Revolution$
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Roger Brownsword

Print publication date: 2008

Print ISBN-13: 9780199276806

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199276806.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2021

The Challenge of Regulatory Effectiveness

The Challenge of Regulatory Effectiveness

(p.132) 5 The Challenge of Regulatory Effectiveness
Rights, Regulation, and the Technological Revolution

Roger Brownsword

Oxford University Press

This chapter examines two important attempts to develop our regulatory intelligence: the 20 basic principles for the guidance of regulators gathered together by Stuart Biegel at the conclusion of Beyond Our Control?, and the five starting points for regulators critically examined by Bert-Jaap Koops and his Tilburg co-authors in Starting Points for ICT Regulation. The chapter proceeds as follows. First, the concept of regulatory effectiveness and its relationship with regulatory economy and efficiency are discussed. Secondly, some salient features of our general regulatory intelligence, particularly underlining the risks of regulatory over-reach, of regulatory capture and of regulation having unintended (negative) consequences are considered. Thirdly, Biegel's 20 principles are reconstructed as a general guide to effective regulation. Finally, the chapter considers how the ICT starting points might contribute to our understanding of regulatory effectiveness.

Keywords:   regulatory intelligence, Beyond Our Control, Starting Points for ICT Regulation, regulators

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