Rethinking Reflexive Law for the Information Age: Hybrid and Flexible Regulation by Disclosure
(2016) 7(2) George Washington University Energy and Environmental Law Review 124
33 Pages Posted: 13 Apr 2016
Date Written: March 19, 2015
This paper takes a Foucauldian perspective on the role of ICT in practices of power in the present day. It examines the development of reflexive and informational regulation in environmental law, giving a taxonomy of these types of instruments and critiquing so-called ‘third generation’ tools. As a case study, it explores the specific topic of disclosure as a regulatory tool in more detail, giving a brief history of its development, outlining the theoretical rationales put forward in support of it, and mentioning examples of its application in practice. It also critiques this particular type of regulatory instrument, highlighting the non-deterministic and contingent outcomes of the use of high technology for regulatory purposes, something which is well-known in disciplines such as science and technology studies but is perhaps less clearly understood in law.
Keywords: ICT, information technology, environmental regulation, regulation, Foucault, third generation environmental law, reflexive regulation, disclosure
JEL Classification: K32
Suggested Citation: Suggested Citation