Government Laws, Regulations and Policies: Small Fish in a Big Pond

Research output: Contribution to journalArticle

Abstract

Global development has, in recent years, been shaped by the rise of transnational capital. This has implications for the quality and effectiveness of those national laws, regulations and policies in place to monitor transnational capital, ensure that multi national organisations assume responsibility and hold them accountable should they fail to do so. In balancing these objectives, contrasting issues come to the fore, such as the fear of capital flight; an issue especially profound in small open economies where the balance may tip in the favour of retaining, as opposed to regulating, foreign capital.
This paper can be considered in three parts. First, the paper addresses the shift in global leadership from national governments to multinational corporations (with particular reference to the rise of the Transnational Capitalist Class). This shift will incorporate the connotations of the Third Way. In considering this ideology, it will propose the Third Way as a transition phase to a stage when government is more the “third wheel” than an equal partner in governance structures. Second, the implications of the changing nature of governance on the capacity of nation states to develop effective laws, regulations and policies is discussed which leads on to the third aspect of the paper which identifies the challenges for governments, business and society in reimagining the governance structure pertaining to law, regulation and policy and the need to reconsider existing structures in light of global shifts in power structures.
A new leadership structure, both within the national and international governance system has far reaching implications. Boundary constraints no longer an issue, the potential for equality and global democracy is huge. Instead, a post recessionary world faces new governance challenges in the shape of; legitimacy; accountability and responsibility. Capitalism has invaded government and the primary challenge will be in avoiding the same issues that have dogged our financial markets for the last number of years. The challenge then to laws, regulations and public policy is huge, especially considering that the governments regulating are smaller than those dictating agenda on a global level
Original languageEnglish
JournalJournal of Law and Social Sciences
Volume2
Issue number2
Publication statusPublished - Apr 2013

Bibliographical note

This piece was an invited publication as a result of a conference paper given in 2012 in Singapore at the first Annual Conference on Laws, Regulations and Policy in July 2012. It is an Open Access short publication (approximately 4000 words), and it is anticipated that one publication a year is this way will ensure that my citations increase (in keeping with the 924i corporate plan).

Keywords

  • Capital Flight; Class relations, dependency, public policy, regulations, transnational capitalist class.

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