Should regulation be voluntary or mandatory?

"In commenting on a draft of this report, EPA generally disagreed with our recommendations, stating, among other things, that (1) it did not want to build an “extensive compliance monitoring and enforcement program” around the CRT rule or any other individual provision of its broader RCRA program and (2) it preferred nonregulatory, voluntary approaches to address the problems discussed in this report. First, we (U.S GAO) disagree that an extensive program would be required to develop the basic components of an enforcement deterrent, such as enforcement targets and a plan for compliance monitoring, following up on suspected violations, and prosecuting violators. Second, our findings cast serious doubt about the effectiveness of a strategy that relies almost entirely on voluntary approaches."

Meta-Actor: Government

Source Document: https://books.google.ca/books?id=SiESe6axBC8C&pg=PA8&lpg=PA8&dq=In+commenting+on+a+draft+of+this+report,+EPA+generally+disagreed+with+our+recommendations,+stating,+among+other+things&source=bl&ots=_CsYb_fe_5&sig=-5nAVXo93quHqPiuwMDum9sQi_A&hl=en&sa=X&ved=0ahUKEwjh3c_M1rzOAhVTlxQKHe1PAfEQ6AEIGzAA#v=onepage&q=In%20commenting%20on%20a%20draft%20of%20this%20report%2C%20EPA%20generally%20disagreed%20with%20our%20recommendations%2C%20stating%2C%20among%20other%20things&f=false

Date: 2009

_________________

"But one association feels that guidelines will better serve than legislation. It argues on two lines: in India legislation is enacted but poorly implemented and secondly, legislation increases intervention of the government bodies that will lead to more corruption. But guidelines give a chance for self-regulation of industry so it feels responsibility."

Meta-Actor: Scientific Community

Source Document: http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=1413818&fileOId=1413825

Date: June 2008

________________

"EPA contends that because developing options to broaden the agency’s regulations under existing RCRA authority might take several years and require addressing legal complexities, the agency should instead pursue nonregulatory, voluntary approaches. We (U.S GAO) disagree. First, as EPA’s experience has shown, voluntary programs can also take years to implement—and in some cases may never attain effective broad coverage since in a voluntary scheme, the agency has no enforcement recourse against reluctant participants. Second, given the widespread willingness to export in apparent violation of EPA’s one existing electronics export regulation (the CRT rule), including some exporters’ admitting knowledge of the rule, we do not assume that the industry will voluntarily agree to adopt and adhere to broader, meaningful export controls in the absence of a broader, better enforced regulatory framework."

Meta-Actor: Government

Source Document: http://www.gao.gov/new.items/d081044.pdf

Date: August, 2008

CONTEXT(Help)
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StEP TBM »StEP TBM
Issues »Issues
How to Regulate North-South Trade? »How to Regulate North-South Trade?
Should regulation be voluntary or mandatory?
Enforcement does little to deter violations »Enforcement does little to deter violations
E-waste industry is dramatically increasing voluntary certification »E-waste industry is dramatically increasing voluntary certification
Guidelines needed »Guidelines needed
In support of mandatory regulations »In support of mandatory regulations
In support of voluntary guidelines »In support of voluntary guidelines
It is impossible to check every shipment container »It is impossible to check every shipment container
Scrap industry has tradition of no accountability »Scrap industry has tradition of no accountability
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