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The Rise of the Regulatory State of the South

The Rise of the Regulatory State of the South Infrastructure and Development in Emerging Economies

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199677160
  • Published In: July 2013
  • Format: Hardback , 320 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • An original treatment of the regulatory state in the developing world, setting the terms of the debate in an emerging scholarly field
  • Provides an analytical framework for exploring the rise of the regulatory state and identifying new trends in governance
  • Case studies drawn from Asia, Africa, and South America, permitting cross-country comparisons
  • Inter-disciplinary approach encourages understanding of the operation and effects of regulatory agencies in developing countries

The 1990s and 2000s have witnessed a spurt of energetic institution-building in the developing world, as regulatory agencies emerge to take over the role of the executive in key sectors. This rise of the regulatory state of the south is barely noticed both by scholars of regulation and of development, let alone adequately documented and theorized. Yet the consequences for the role of the state and modalities of governance in the south are substantial, as politically charged decisions are handed over to formally technocratic agencies, creating new arenas and forms of contestation over the gains and losses from development decisions. Moreover, this shift in the developing world comes at a time when the regulatory state in the north is under considerable stress from the global financial crisis. Understanding the regulatory state of the south, and particularly forms of accommodation to political pressures, could stimulate a broader conversation around the role of the regulatory state in both north and south.

This volume seeks to provoke such a discussion by empirically exploring the emergence of regulatory agencies of a range of developing countries across Asia, Africa, and Latin America. The cases focus on telecommunications, electricity, and water: sectors that have often been at the frontlines of this transition. 

The central question for the volume is: Are there distinctive features of the regulatory state of the South, shaped by the political-economic context of the global south in the last two decades? To assist in exploring this question, the volume includes brief commentaries on the case studies from a range of disciplines: development economics, law and regulation, development sociology, and comparative politics. Collectively, the volume seeks to shape the contours of a productive inter-disciplinary conversation on the emergence of a significant empirical phenomenon - the rise of regulatory agencies in the developing world - with implications both for the study of regulation and the study of development.

 

Readership: Scholars and students of regulation, international law, international relations, and global governance; policy makers within national and international regulatory bodies

1: Navroz K. Dubash and Bronwen Morgan: The Rise of the Regulatory State of the South: The Infrastructure of Development
Part One: Case Studies
2: Rene Uruena: The Rise of the Constitutional Regulatory State in Columbia: The Case of Water Governance
3: Ahmed Badran: Understanding the Egyptian Regulatory State: Independent Regulators in Theory and Practice
4: Mariana Prado: Implementing Independent Regulatory Agencies in Brazil: The Contrasting Experiences in the Electricity and Telecommunications Sectors
5: Navroz Dubash: Regulation Through the Back Door: Understanding the Implications of Institutional Transplant
6: Alison Post and Maria Victoria Murillo: The Regulatory State Under Stress: Economic Shocks and Regulatory Bargaining in the Argentine Electricity and Water Sectors
7: Arun Thiruvengadam and Piyush Joshi: Judiciaries as Crucial Actors in Southern Regulatory Systems: A Case Study of Indian Telecom Regulation
8: Nai Rui Chng: Regulatory Mobilization and Service Delivery at the Edge of the Regulatory State
Part Two: Commentaries
9: Kanishka Jayasuriya: Regulatory State with Dirigiste Characteristics: Variegated Pathways of Regulatory Governance
10: Jacint Jordana: Institutional Challenges of the Regulatory State in the Developing World
11: Michael Dowdle: The Peripheral Regulatory State
12: Lant Pritchett: The Regulatory State Goes South in the South
13: David Levi-Faur: The Regulatory State and the Developmental State
14: Roselyn Hsueh: State and Market-Building and the Regulatory State in the South
15: Benedict Kingsbury and Megan Donaldson: The Roles of Law in the Regulatory States of the South
16: Kathryn Hochstetler: Civil Society and the Regulatory State of the South
Conclusion
17: Navroz K. Dubash and Bronwen Morgan: The Embedded Regulatory State: Between Rules and Deals

Edited by Navroz K. Dubash, Senior Fellow, Centre for Policy Research, New Delhi, and Bronwen Morgan, Professor of Law, University of New South Wales School of Law

Navroz K. Dubash is a Senior Fellow at the Centre for Policy Research, New Delhi. His works focuses on the governance of infrastructure sectors, with particular attention to energy, water, and climate change governance at sub-national, national, and international scales. He is a Lead Author for the Intergovernmental Panel on Climate Change, and has served on India's Expert Committee on Low Carbon Strategies for Inclusive Growth as well as on Expert Groups on water and energy policy. He serves on the editorial boards of Global Environmental Politics, Climate Policy, Utilities Policy, Environmental Policy and Governance, and the Journal of Environment and Development, and holds PhD and MA degrees in Energy and Resources from the University of California, Berkeley, and an AB with honours from Princeton University.

Bronwen Morgan joined UNSW Law School as a Professor in Law and an Australian Research Council Future Fellow in October 2012, having taught at the University of Bristol, UK for seven years. Prior to Bristol, she taught at the University of Oxford in association with both St Hilda's College and Wadham College and remains an Associate Research Fellow of the Oxford University Centre for Socio-legal Studies. She holds a PhD in Jurisprudence and Social Policy from the University of California at Berkeley as well as Honours degrees in Arts and Law from the University of Sydney. She is a past Trustee of the US-based Law and Society Association, past Executive Member of the UK Socio-legal Studies Association, a co-editor of the Cambridge University Law in Context book series, and serves on the boards of a number of interdisciplinary journals including Economy and Society, Regulation and Governance, Journal of Human Rights and the Environment, and International Journal of Law in Context.

 

Contributors: 
Ahmed Badran, Research Fellow, Aston Centre for Critical Infrastructure and Services, Aston University
Nai Rui Chng, Affiliate Research Fellow in Human Rights, University of Glasgow
Megan Donaldson, Institute Fellow, New York University School of Law
Michael Dowdle, Visiting Associate Professor with National University of Singapore Faculty of Law
Kathryn Hochstetler, CIGI Chair of Governance in the Americas, Balsillie School of International Affairs, and Professor of Political Science, University of Waterloo
Kanishka Jayasuriya, Professor of International Politics and Director of the Indo-Pacific Governance Research Centre (IPGRC), University of Adelaide
Jacint Jordana, professor of Political Science and Public Administration, Universitat Pompeu Fabra
Benedict Kingsbury, Murray and Ida Becker Professor of Law, New York University School of Law
Piyush Joshi, Partner, Clarus Law Associates, New Delhi
David Levi-Faur, Associate Professor of Political Science, Hebrew University of Jerusalem
Roselyn Hsueh, Assistant Professor, Department of Political Science, College of Liberal Arts, Temple University
Maria Victoria Murillo, Associate Professor, Department of Political Science and the School of International and Public Affairs, Columbia University
Alison Post, Assistant Professor, Department of Political Science, University of California, Berkeley
Mariana Moto Prado, Assistant Professor, Faculty of Law, University of Toronto
Lant Pritchett, Professor of the Practice of International Development, Kennedy School of Government, Harvard University
Arun Thiruvengadam, Assistant Professor, Faculty of Law, National University of Singapore
Rene Uruena, Assistant Professor and Director, International Law Program, Universidad de los Andes, Bogotá

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