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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Rise of the Regulatory State of the South: The Infrastructure of Development

Edited by: Navroz K. Dubash, Bronwen Morgan

ISBN13: 9780199677160
Published: July 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00

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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.

Constitutional and Administrative Law, Public International Law
1. The Rise of the Regulatory State of the South: The Infrastructure of Development

2. The Rise of the Constitutional Regulatory State in Columbia: The Case of Water Governance
3. Understanding the Egyptian Regulatory State: Independent Regulators in Theory and Practice
4. Implementing Independent Regulatory Agencies in Brazil: The Contrasting Experiences in the Electricity and Telecommunications Sectors
5. Regulation Through the Back Door: Understanding the Implications of Institutional Transplant
6. The Regulatory State Under Stress: Economic Shocks and Regulatory Bargaining in the Argentine Electricity and Water Sectors
7. Judiciaries as Crucial Actors in Southern Regulatory Systems: A Case Study of Indian Telecom Regulation
8. Regulatory Mobilization and Service Delivery at the Edge of the Regulatory State

9. Regulatory State with Dirigiste Characteristics: Variegated Pathways of Regulatory Governance
10. Institutional Challenges of the Regulatory State in the Developing World
11. The Peripheral Regulatory State
12. The Regulatory State Goes South in the South
13. The Regulatory State and the Developmental State
14. State and Market-Building and the Regulatory State in the South
15. The Roles of Law in the Regulatory States of the South
16. Civil Society and the Regulatory State of the South

17. The Embedded Regulatory State: Between Rules and Deals