When Jack Gets out of the Box: The Problems of Regulating a Global Industry

Abstract

This ar ticle considers the challenge of regulation across national borders using the example of the shipping industry. It examines the success of different global regulator y strategies in the sector, specifically the implementation of smar t regulation and enforced self-regulation. In doing so it draws upon empirical research into the enforcement of labour standards via por t-State control in India, Russia and the UK, and the regulation of training in Singapore, Philippines and the UK. It concludes that effective global regulation faces considerable challenges. Within the relatively conducive environment of shipping it finds that smar t regulation has been vitiated by perceived inconsistency in inspection practice and that enforced self-regulation has been rendered less effective by cross-national differences in resourcing and regulator y commitment, compounded by the difficulties of paper-based validation. It argues that, in relation to issues of effective global governance, the shipping industr y may stand as a critical case.

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