Paths to Compliance Enforcement, Management, and the 路径的强制法规，管理，和.pptVIP

Paths to Compliance: Enforcement, Management, and the European Union Research questions What determines compliance with international regulatory agreements? How can non- compliance be adressed in the most efficient way? Outline 1. Enforcement vs. Management Strategy 2. Analysis in three stages A) Key elements B) Souces of rule violations C) The EU compliance system in a comparative perspective A) Enforcement B) Management 3. Conclusion A) Identification of preconditions B) Probability of the future emergence of the compliance system The Enforcement Strategy Theoretical background: Collective action theory Political economy tradition Main assumption: States defect if the benefits of shirking exceeds the cost of detection The Enforcement Strategy Reasons for non- compliance Higher opportunity costs Lack of appreciation of the book of rules Free riding incentives The Enforcement Strategy Solution: Increment of the liklihood of detection Decreasing the costs of detection and monitoring Threat of sanctions Verdict: Opportunity costs of shirking must appear as being negative The Management Strategy Theoretical background: Problem based approach Main assumption: Non- compliance as a result of capacity limitations and rule ambiguity Taking the carrot-and-stick approach (enforcement strategy) is counter- productive The Management Strategy Reasons for non- compliance: Limited political capacity to fulfill the rules (public and private sector) Limited economic capacity Lack of precision of the book of rules Uncertainty about the strategy to imply in order to meet the goals The Management Strategy Solution: Political and economical capacity building Comprehensible book of rules Increment of transparency Building up ?social pressure“ Verdict: Positive incentives instead of coercive measures Analysis of Enforcement and Management in the EU General means used Monitoring Sanctions Capacity building Rule interpretation Social pressure Dimensions: Centralized compliance syste