School of Regulation and Global Governance · ANU College of Law, Governance and Policy
Across Asia, citizens demand a range public goods such as health and welfare, consumer and work safety, privacy, national security, affordable energy and environmental protection. They also seek effective responses to crisis and risk. As the COVID-19 pandemic illustrated, some states meet those regulatory demands better than others. What is the 'regulatory state' and the 'post-regulatory state'? How do we explain the diversity of 'regulatory styles' that state and non-state actors deploy within North and South East Asia? To what extent is the kind and quality of regulation linked to stages of economic development and the nature of that state's political, legal and governance systems? How do national politics affect the capacity of legal and regulatory systems to meet citizen and non-citizen needs? How is regulation understood locally and what roles do external actors and multilateral instituitons play in shaping the rules and institutions of regulation within Asia? This course examines and compares regulatory case-studies drawn from domains including industry, environment, resources, public health, social equity and technology to examine the factors that shape and predict plurality in regulation and compliance within North and South East Asia. Designed to accommodate students from different backgrounds and career stages, the course is suitable for recent graduates with an interest in transnational regulation, as well as professionals working in government, the private sector and nongovernment organisations. No prior specialist knowledge of Asia is required for this course.
Active participation in class
Learning outcomes 1, 2
Reflection on selected readings (max 750 words)
Learning outcomes 1, 2, 3
Individual oral presentation of selected regulatory challenge and response in one or more sites in Asia (recorded)
Learning outcomes 1, 2, 3, 4
Written report (as research essay or academic blog post or policy paper)(max 2500 words)
Learning outcomes 3, 4
Approximately 60 hours comprising seminars as well as associated preparation, independent study, and assessment time. Actual time required may vary with individual students.
n/a Preliminary Reading Drahos, P. and Krygier, M., 2017. ‘Regulation, Institutions, and Networks’ in Drahos, P. (ed.), Regulatory Theory Foundations and Applications. Canberra: ANU Press Haines, F., 2003. ‘In Light of Regulatory Character: Assessing Industrial Safety Change in The Aftermath of the Kader Toy Factory Fire in Bangkok, Thailand’Social and Legal Studies 3 Levi-Faur, D., 2013. ‘The Odyssey of the Regulatory State: From a “Thin” Monomorphic Concept to a “Thick” and Polymorphic Concept’.Law & Policy 35: 29-50 Haines, Fiona. "Regulatory reform in the shadow of disaster". PARADOX OF REGULATION: WHAT REGULATION CAN ACHIEVE AND WHAT IT CANNOT, EDWARD ELGAR PUBLISHING LTD, 2011, pp. 100-142. Gillespie, John and Peerenboom, Randall (ed) Regulation in Asia: Pushing Back on Globalization (Routledge, 2009) L87 Ohnesorge, John Karl Murat, Western Administrative Law in Northeast Asia: A Comparativist's History (2002). Univ. of Wisconsin Legal Studies Research Paper No. 1518, 2019. Ginsburg, Tom and Chen, Albert HY (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge, 2009)