This article explores means by which non-governmental institutions andresources, both commercial and volunta y, may be enlisted in the interest of regulatory compliance. Following a discussion of non-governmental social control, it reviews the basic institutional forms of indirect governance through which third-party "co-production" of compliance might occur. It then discusses the basic issues which arise when certain public functions are delegated to or devolve upon private interests, and suggests safeguards which might be put in place to enhance the advantages and to minimize the adverse consequences of such devolution. The conclusion seeks to articulate basic principles for the mobilization of third parties in furtherance of compliance, and to encourage the idea of a more participative regulatoy process.
This comment extends the vision of Responsive Regulation by noting subsequent developments in regulatory pluralism, in particular those occurring under private auspices. The apparent weakening or withdrawal of state regulatory institutions has inspired considerable regulatory activity on the part of non-state actors. In addition, the concurrent growth and pervasiveness of digital technology have greatly facilitated the involvement of individual citizens in non-state regulatory activity. However, the full implications of what might be called "wiki-regulation" remain to be seen. The risks that accompany private regulation may include the lack of accountability of non-state regulatory actors, and the possibility of their failure. There is also a risk that with the increasing salience of what Vogel calls "civil regulation," state regulatory institutions may atrophy, or fail to develop at all.
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