Handbook For Evaluating Infrastructure Regulatory Systems

More than 200 new infrastructure regulators have been created around the world in the last 15 years. They were established to encourage clear and sustainable long-term economic and legal commitments by governments and investors to encourage new investment to benefit existing and new customers. There is now considerable evidence that both investors and consumers-the two groups that were supposed to have benefited from these new regulatory systems-have often been disappointed with their performance. The fundamental premise of this book is that regulatory systems can be successfully reformed only if there are independent, objective and public evaluations of their performance. Just as one goes to a medical doctor for a regular health checkup, it is clear that infrastructure regulation would also benefit from periodic checkups. This book provides a general framework as well as detailed practical guidance on how to perform such "regulatory checkups."

Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.

Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.

This book provides a comprehensive discussion of the public policy and management issues that are encountered in the regulation of infrastructure and utilities. Drawing from theoretical arguments and several case studies, the book is divided into three parts, namely devising regulation, installing regulation, and making regulation work. The first part covers theories of regulation, regulatory policies, strategies and tools, and regulatory reforms. The second part deals with the politics of regulation and regulatory capacity. The third part discusses regulatory commitment and investments, the performance of regulated industries, and the design of regulatory systems. Case studies pay attention to various sectors (including water, electricity, telecommunications, highways, railways, district heating, and airports) from countries in every region of the world. ; ;

Ch. 1. Regulating infrastructure : a review of the issues, problems, and challenges / Ed Araral [und weitere] -- pt. I. Problems, issues, and perspectives in regulation, regulatory design and outcomes. ch. 2. Infrastructure regulation : what works, why, and how do we know? / Judith Clifton [und weitere]. ch. 3. Does political accountability matter for infrastructure regulation? : the case of telecommunications / Farid Gasmi, Paul Noumba and Laura Recuero Virto. ch. 4. Entry relaxation and an independent regulator : performance impact on the mobile telecoms industry in Asia / Chalita Srinuan, Pratompong Srinuan and Erik Bohlin -- pt. II. Electricity sector regulation & governance. ch. 5. Risk, regulation and governance : institutional processes and regulatory risk in the Thai energy sector / Darryl S.L. Jarvis. ch. 6. Electricity tariff regulation in Thailand : analyses and applications of incentive regulation / Puree Sirasoontorn. ch. 7. Regulating power without a five year plan : institutional changes in the Chinese power sector / Kun-Chin Lin, Mika Purra and Hui Lin. ch. 8. The Indonesian electricity sector : institutional transition, regulatory capacity and outcomes / Mika Purra. ch. 9. Regulating the independent power producers : a comparative analysis of performance of Andhra Pradesh, Gujarat, and Tamil Nadu in India / Rajendra Kumar. ch. 10. Partial privatization and nested regulation : institutional choices in public sector and regulatory reform / Sunil Tankha. ch. 11. The electricity industry reform in Korea : lessons for further liberalization / Junki Kim and Kyuhyun Kim -- pt. III. Water sector regulation & governance. ch. 12. Regulatory independence and contract incompleteness : assessing regulatory effectiveness in water privatization in Manila / Xun Wu, Loit Batac and Nepomuceno A. Malaluan. ch. 13. Can regulation improve the performance of government-controlled water utilities? / David Ehrhardt and Nils Janson. ch. 14. Effects of regulatory quality and political institutions on access to water and sanitation / Andrew B. Whitford, Helen Smith and Anant Mandawat. ch. 15. The regulation of water infrastructure in Italy : origins and effects of an 'hybrid' regulatory system / Alberto Asquer. ch. 16. Measuring effectiveness of regulation across a river system : a welfare approach / Alex Coram and Lyle Noakes. ch. 17. Private sector participation and regulatory reform in water supply : the Southern Mediterranean experience / Edouard Perard. ch. 18. Tempered responsiveness through regulatory negotiations in the water sector : managing unanticipated innovations emerging from participation reforms / Boyd Fuller and Sunil Tankha

This Handbook provides a comprehensive ten-step model that will help guide development practitioners through the process of designing and building a results-based monitoring and evaluation system.

Provides a coherent catalogue of policy directions, including appropriate allocation of roles, risks and responsibilities, framework conditions and contractual arrangements necessary to make the best of private sector participation in water infrastructure.