accountability are required in hybrid public-private systems to
counter the risk of no one agency actually taking responsibility to
ensure positive regulatory outcomes. Limited capacity, he argues,
among state agencies to monitor or enforce regulations; deference
in private standards to laws that are not enforced; and/or deference
in government legislation to standards that are not adequately
audited and verified can all lead to regulatory failure. Hybrid systems
demand, further, that regulators be flexible and proactive in
response to the behaviour of those they seek to influence e
modifying sanctions and incentives as necessary e and that the
targets of regulation engage positively, in turn, with regulatory
practices (Baldwin and Black, 2008; Black and Baldwin, 2010;
Braithwaite, 2006). Reflecting these demands, Section 4 of this
paper will present a case study examining: (1) stakeholder
engagement with regulatory practices including certification
against private standards; (2) evidence for compliance (including
monitoring and enforcement) with relevant regulatory instruments;
(3) interactions between regulatory tools and strategies,
consistency of those tools and strategies, regulatory gaps relevant
to policy objectives; and evidence of regulatory reflexivity with
respect to corrective responses and changes in the operating
environment.
4. Private food standards in the Philippine export banana