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  

Rónán Kennedy

National University of Ireland, Galway (NUIG) - School of Law

Date Written: March 19, 2015

Abstract

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

Kennedy, Rónán, Rethinking Reflexive Law for the Information Age: Hybrid and Flexible Regulation by Disclosure (March 19, 2015). (2016) 7(2) George Washington University Energy and Environmental Law Review 124. Available at SSRN: https://ssrn.com/abstract=2762528

Rónán Kennedy (Contact Author)

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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