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Over recent years, alternative modes of regulation have been increasingly accepted and practised in Germany, causing friction between traditional law-making procedures by constitutionally empowered state organs and modern forms of rule-making by bodies and entities not vested by the Constitution with such functions. This chapter discusses this situation. After a short presentation of the constitutional foundations of traditional state rule-making mechanisms, it analyzes the tendencies towards contractual and self-regulatory mechanisms during the last decades, with particular emphasis on the inroads alternative forms of regulation have made into state rule-making in the areas of environmental law and, in particular, environment-related energy law. It describes the German experience with alternatives to classical regulation during implementation of the first generation of European Union internal energy market directives (electricity and gas) of 1996 and 1998, respectively. This experience is preponderantly negative in the sense that the new Energy Act 2005, which implements the second generation directives of 2003, has reverted to traditional state regulation (re-regulation) of an unprecedented dimension. Particular problems are raised by alternative (non-state) self-regulatory market-related mechanisms with regard to competition (antitrust) law, which, in essence, forbids all kinds of concerted action among market participants because of their actual or potential anti-competitive effects. The chapter concludes with observations which reflect the mixed experience with alternatives to regulation in Germany.

The chapters of Part two have critically analysed the various mechanisms included in the sectoral and horizontal legislation that contribute to the achievement of the safety in the use of products. Various gaps and inconsistencies have been found in the mechanisms that are adopted in the various individual regimes, but this is not surprising given that the sectoral regimes, with the exception of the New Approach family, have developed independently and at different times. It can be seen that each individual mechanism is intended to contribute to product safety, and is likely to do so. The extent of such contribution, however, could only be measured empirically. Although the comparisons carried out in the above analysis have inevitably led to conclusions that some product regimes contain greater controls than others, it does not necessarily follow that every system should be identical or should comprise a complete range of regulatory mechanisms.

Detailed immunocytochemical studies of the inflammatory lesion in post-mortem brain from acute cases of multiple sclerosis (MS) reinforce the growing conviction that the immune reaction can be fuelled from within the central nervous system (CNS), although the kinetics of lymphocyte traffic between the blood and cerebrospinal fluid suggest ready access to the CNS compartment for activated T cells. Thus, the persistence of an immune stimulus and the intermittent reactivation of the immune system suggest that MS is a disease of immune regulation, but the nature of its relapsing/remitting course and the exact mechanisms of demyelination are as yet unresolved. This chapter discusses the nature of the cellular infiltrate, humoral immunity in MS, inflammation and demyelination in the CNS in model systems, pathogenetic mechanisms in MS, and regulatory mechanisms in MS.

This chapter first explains how the author's take on self-consciousness relates to some intensely debated topics in the study of consciousness. It then makes the case for the intrinsically relational format of self-consciousness, on intuitive and conceptual grounds, and empirically through the work of self-regulatory mechanisms that demarcate the self from the world and supervise its relations to the world and their affordances. These self-regulatory mechanisms point to the executive premises of self-consciousness. The question, then, is for what reasons and in what conditions the executive mechanisms install self-consciousness. The chapter introduces the first piece of the eventual answer—the self-regulatory role of the children's intuitive psychology.

This chapter focuses on the regulatory mechanisms of diving seals. Frequent dives demand exquisite timing of mechanisms that regulate respiration and circulation; long sustained immersions result in metabolic depression. Continued functioning of the seal's heart when its blood-borne oxygen decreases, as the dive lengthens, depends on its enhanced capacity for reliance upon anaerobic energy sources, a capability generally greater than that of nondiving mammals. Increasing cardiac production of lactate that occurs as the dive progresses is a product of the conversion to anaerobic metabolic processes, and is supported by the seal heart muscle's unusually high glycogen content, a resource exceeding that of terrestrial mammal (dog or pig) hearts. The ensuing decline in blood oxygen, and increasing carbon dioxide and acid products of metabolism further activate signals originating in neural chemoreceptor organs perfused by arterial blood.

This book has raised a number of issues about the nature of regulation, especially when it comes to regulatory solutions or designs that are couched in terms of single values. It has shown that regulation is not only a politically contentious activity, but also presents a host of technical and intellectual challenges. In particular, regulation cannot be easily disentangled from self-regulation; ‘public’ and ‘private’ actions, decisions, policies, and rules are difficult to separate from one another; domestic systems of regulation are intertwined with supra-national regimes; and different regulatory mechanisms operate in both coordination and competition. Furthermore, questions of enforcement are linked to those concerning policies and rules.

This chapter first reviews the type and effect of novel regulatory mechanisms introduced as an outcome of charity law reform in the jurisdiction studied. It then describes the novel governance and accountability requirements; the traditional constraints and new sanctions; the presentation of charity-specific lead regulatory bodies; and the fact that charitable purposes may be confirmed by the “activities test” in some jurisdictions. In addition, it evaluates the impact of judicial and regulatory rules that limit charities' capacity to trade and compete in the open market. The chapter also examines the nature and impact on trading charities of the raft of antiterrorism legislation now introduced in all jurisdictions.

This chapter combines tools and methodologies from institutional analysis, political economy, and history. It argues that the creation of a stable, growth-enhancing constitution requires a set of steps. These include a consensus on a shared set of values capable of commanding support over time, a self-enforcing institutional structure that reflects those values, and regulatory mechanisms for policy-making that enable trade-offs of inclusion. By trade-off of inclusion, it means a process whereby institutional access is extended differentially across the domains of politics, economics, law, and society to increase prosperity without jeopardizing stability. The chapter aims to weave strands of the literature to provide a theoretically rigorous and empirically new account of constitutional emergence and endurance. It also connects the study of constitutions to the study of the conditions that foster political and economic development.

This chapter examines how the mobility of Yemenis during the first half of the twentieth century was structured in three spaces; namely the sea, port spaces, and the hinterland. To dispel the myth of free travel, and also not to create a false dichotomy between a precolonial period marked by the free movement of people and a colonial period marked by increased control, this chapter first looks at the structures of control used to regulate the movement of people in the precolonial period. It then provides a brief account of precolonial regulatory mechanisms, before looking at Yemeni interactions with this process under the influence of state/empire, beginning from the end of the nineteenth century.

This chapter studies the application of competition law to the provision of cloud computing services. Competition law is understood as a set of rules enforced by competition authorities that are intended to protect the process of competition and enhance consumer welfare. These rules may allow intervention in the market when competition is distorted, but also have a primary precautionary purpose which intends to prevent the act or conduct of undertakings from resulting in competition being distorted and ensure healthy competition in the market. Although cloud computing is global, the chapter focuses mainly on developments within the EU, but where relevant, refers to academic commentary relevant to cloud from a US antitrust law perspective. The application of traditional competition law to the provision of cloud computing services has been slow. Competition in markets has often also been facilitated by alternative 'regulatory' mechanisms, some of which may help ensure competition in the provision of cloud computing services. The chapter examines two such mechanisms: public procurement rules and data portability requirements.

From the onset of industrialization, material production in the various design fields—from industrial design to the design of environments and buildings—has had and continues to have a devastating effect on the planet. Given the magnitude and complexity of the problem, this chapter asks, how can designers participate in the solution? The answer to this question is complex and the chapter investigates this. Voluntary programs are not enough; regulatory mechanisms that ensure change in the marketplace are needed. Access to innovation and information is critical so that building designers, owners, and users can make informed choices. The technology and capacity exist, but we are not moving fast enough. A design and construction revolution is necessary to move our society quickly to the next level of sustainability.

This chapter is a brief introduction to the major trends and approaches in EU environmental regulation. Since the adoption of the first environmental action programme in 1973, EU environmental policy has evolved over more than four decades. Starting with a rather narrow focus, it has come to encompass a large number of increasingly complex problems. With the advent of ozone depletion and climate change as major environmental issues, EU policy became increasingly global in focus. The EU is today party to the vast majority of global and relevant regional multilateral environmental agreements, and generally transposes its international obligations into secondary law acts. In parallel with the ambition of EU environmental policy to cover ever more problems has gone a partial shift in what kind of regulatory mechanisms are being employed.

This chapter illustrates the consequences of privatization and public–private partnerships in delivering education and health services in India. The reasons for using PPPs in providing physical infrastructure are very different from the ones for their use in the social sector. In both kinds of services, no single mode of PPP is implemented and experimentation has been widely undertaken. PPPs pose challenges of inclusion and affordability in the health and education sectors. Significantly, the chapter also underlines that the private sector hesitates to enter partnerships where profitability is low. It concludes that the regulatory mechanisms are ineffective as conceived at present.