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Jointly developed by the OECD and the Korean Development Institute, this report presents cutting-edge thinking in how to facilitate good regulatory design and implementation.
Regulations help governments support economic growth, social welfare and environmental protection. The challenge is to design clear, coherent, and efficient regulations and to effectively implement them. This report presents cutting-edge thinking in how to facilitate good regulatory design and implementation. Jointly developed by the OECD and the Korea Development Institute, the report builds on a series of expert papers that analyse the experience of Korea and other OECD members in designing and implementing regulatory oversight, stakeholder engagement, regulatory impact assessment and ex post evaluation. It identifies forthcoming challenges, possible solutions and areas for further analysis that can help governments in OECD member and partner countries improve their regulatory systems.
This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.
Good Regulatory Practices (GRP) are a systematic application of tools, institutions, and procedures that governments can mobilize to ensure that regulatory outcomes are effective, transparent, inclusive, and sustained. Other terms used for GRP include 'regulatory governance' and 'better regulation.' Among the most common GRP tools used by governments are: public consultation, ex ante regulatory impact analysis (RIA), ex post review of existing regulations, administrative simplification, access to laws and regulations, forward regulatory planning, and regulatory oversight functions. This report focuses on GRP because by improving the regulatory environment, they can boost conditions for sustainable growth and investment. This is evidenced, among others, in the World Bank Group's Global Investment Competitiveness Report 2017-2018, which surveyed 750 investors in developing and transition economies. The report found that next to 'political stability and security', the 'legal and regulatory environment' was the most important consideration of senior executives when making investment decisions (WBG, 2018). Similarly, evidence shows a positive relationship between the improvement of the regulatory environment and aggregate investment (and economic growth), suggesting that countries stand to gain from a broad push for streamlining regulations and procedures affecting business (Eifert, 2009). The report reflects on Malaysia's formal experience with GRP because, although launched only relatively recently, results have been remarkable. Malaysia has demonstrated that more business-friendly regulations and a more favorable regulatory environment can contribute to economic growth and investment. Moreover, Malaysia's regulatory reform success has been reflected in many international indicators, such as the Global Indicators of Regulatory Governance, Worldwide Governance Indicators, Doing Business, (all produced by the WBG) and those from the World Economic Forum that measure the burden of government regulations and transparency of the policymaking process. International indicators measuring GRP performance show that Malaysia is converging with high-income OECD countries.
This report is the first comprehensive stock-taking of good regulatory practice implementation in Southeast Asia to support local SMEs and their integration into global value chains. For each of the ten countries of the Association of Southeast Asian Nations (ASEAN).
This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
From combating COVID-19 and climate change to tackling corruption and tax evasion, international organisations (IOs) play a critical role in helping countries find solutions to common problems. But for IOs to deliver optimal support to countries and their populations, the international instruments they develop need to be inclusive, well understood and have a tangible impact.
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.
This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.