Svenja Schöneich, Christina Saulich, Melanie Müller
Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.
{"title":"Traceability and foreign corporate accountability in mineral supply chains","authors":"Svenja Schöneich, Christina Saulich, Melanie Müller","doi":"10.1111/rego.12527","DOIUrl":"https://doi.org/10.1111/rego.12527","url":null,"abstract":"Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"7 3","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming endeavor as it requires the manual assessment and coding of legal acts. The assessment of the structural characteristics of laws and regulations, by contrast, can be done applying automated natural language processing. An important critical question is, thus, whether we can combine these approaches and simplify the information extraction by inferring changes in the policy substance from the legislative context in which these changes are embedded. Examining more than 100 legal acts in the area of EU environmental and climate policy, we find that the measures capturing policy substance and the structural characteristics of legal acts context are not systematically linked. In other words: changes in the structural features of legal acts cannot be used as an approximation for changes in policy substance. We conclude by sketching out a research agenda when (and when not) to use the different concepts and related measurements.
{"title":"Rules as policy data? Measuring and linking policy substance and legislative context","authors":"Steffen Hurka, Christoph Knill, Yves Steinebach","doi":"10.1111/rego.12528","DOIUrl":"https://doi.org/10.1111/rego.12528","url":null,"abstract":"There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming endeavor as it requires the manual assessment and coding of legal acts. The assessment of the structural characteristics of laws and regulations, by contrast, can be done applying automated natural language processing. An important critical question is, thus, whether we can combine these approaches and simplify the information extraction by inferring changes in the policy substance from the legislative context in which these changes are embedded. Examining more than 100 legal acts in the area of EU environmental and climate policy, we find that the measures capturing policy substance and the structural characteristics of legal acts context are not systematically linked. In other words: changes in the structural features of legal acts cannot be used as an approximation for changes in policy substance. We conclude by sketching out a research agenda when (and when not) to use the different concepts and related measurements.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"7 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions by examining the emerging CBDC network and its regulatory implications. It argues that the CBDC network would likely be both decentralized and uncoordinated, making it unlikely to lead to convergence in CBDC regulation. The CBDC network would probably bring policy diffusion effects, with states behaving instrumentally, while shaking up the power balance between different actors, generating both cooperation and conflict. The CBDC network also has the potential to push international financial system toward becoming more decentralized.
{"title":"The future of the international financial system: The emerging CBDC network and its impact on regulation","authors":"Heng Wang, Simin Gao","doi":"10.1111/rego.12520","DOIUrl":"https://doi.org/10.1111/rego.12520","url":null,"abstract":"Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions by examining the emerging CBDC network and its regulatory implications. It argues that the CBDC network would likely be both decentralized and uncoordinated, making it unlikely to lead to convergence in CBDC regulation. The CBDC network would probably bring policy diffusion effects, with states behaving instrumentally, while shaking up the power balance between different actors, generating both cooperation and conflict. The CBDC network also has the potential to push international financial system toward becoming more decentralized.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"6 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political opposition in the EU policymaking process which has curtailed the use of private enforcement mandates in EU secondary legislation. European policymakers have relied more on administrative enforcement through public regulatory agencies, a mode of policy implementation closer to bureaucratic legalism. In practice, public authorities play the primary enforcement role and private litigation serves the narrower function of compensation following public enforcement actions. Drawing from institutionalist theory, I identify several factors that have encouraged the development of bureaucratic rather than adversarial styles of European legalism, especially member states' commitments to procedural subsidiarity, the negative feedback effects from the US experience with entrepreneurial litigation, and the stickiness of European legal and bureaucratic traditions.
{"title":"Legalism without adversarialism?: Bureaucratic legalism and the politics of regulatory implementation in the European Union","authors":"Chase Foster","doi":"10.1111/rego.12524","DOIUrl":"https://doi.org/10.1111/rego.12524","url":null,"abstract":"Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political opposition in the EU policymaking process which has curtailed the use of private enforcement mandates in EU secondary legislation. European policymakers have relied more on administrative enforcement through public regulatory agencies, a mode of policy implementation closer to bureaucratic legalism. In practice, public authorities play the primary enforcement role and private litigation serves the narrower function of compensation following public enforcement actions. Drawing from institutionalist theory, I identify several factors that have encouraged the development of bureaucratic rather than adversarial styles of European legalism, especially member states' commitments to procedural subsidiarity, the negative feedback effects from the US experience with entrepreneurial litigation, and the stickiness of European legal and bureaucratic traditions.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mikko Rajavuori, Annalisa Savaresi, Harro van Asselt
The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation against corporations and due diligence legislation interact, and thereby help develop and strengthen corporate climate accountability. While the practice in this area is still limited, there is scope to reflect on early developments and how they may influence both future climate litigation as well as ongoing and future law-making on due diligence. We first review recent developments in climate litigation against corporations, focusing on the extent to which they rely on climate due diligence obligations. We then survey existing and proposed due diligence legislation, examining the extent to which it addresses corporate climate accountability. Finally, we identify scenarios of how due diligence legislation and climate litigation may interact and possibly converge to strengthen corporate climate accountability. We furthermore identify knowledge gaps and areas for further research.
{"title":"Mandatory due diligence laws and climate change litigation: Bridging the corporate climate accountability gap?","authors":"Mikko Rajavuori, Annalisa Savaresi, Harro van Asselt","doi":"10.1111/rego.12518","DOIUrl":"https://doi.org/10.1111/rego.12518","url":null,"abstract":"The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation against corporations and due diligence legislation interact, and thereby help develop and strengthen corporate climate accountability. While the practice in this area is still limited, there is scope to reflect on early developments and how they may influence both future climate litigation as well as ongoing and future law-making on due diligence. We first review recent developments in climate litigation against corporations, focusing on the extent to which they rely on climate due diligence obligations. We then survey existing and proposed due diligence legislation, examining the extent to which it addresses corporate climate accountability. Finally, we identify scenarios of how due diligence legislation and climate litigation may interact and possibly converge to strengthen corporate climate accountability. We furthermore identify knowledge gaps and areas for further research.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"115 12","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Regulatory discretion is a central concept in the study of the regulatory state. Yet little attention has been paid to the origins of regulatory discretion, and how it varies across polities, policy areas, and over time. This paper presents a conceptualization of regulatory discretion that draws on three dimensions: delegation, content, and procedure. It argues that to measure regulatory discretion in legislation, we need to identify provisions that delegate regulatory powers to governments and then examine the extent to which exercising regulatory powers is constrained. Using Natural Language Processing techniques, this paper presents descriptive findings of the dynamics of regulatory discretion in the United Kingdom between 1900 and 2020. The findings portray how discretion has been constrained and formalized over the years through the content of regulations, while it has still retained high levels of flexibility in exercising regulatory powers. In doing so, the findings illustrate the rise of the British regulatory state through its legislative language.
{"title":"Conceptualization and measurement of regulatory discretion: Text analysis of 120 years of British legislation","authors":"Nir Kosti","doi":"10.1111/rego.12516","DOIUrl":"https://doi.org/10.1111/rego.12516","url":null,"abstract":"Regulatory discretion is a central concept in the study of the regulatory state. Yet little attention has been paid to the origins of regulatory discretion, and how it varies across polities, policy areas, and over time. This paper presents a conceptualization of regulatory discretion that draws on three dimensions: delegation, content, and procedure. It argues that to measure regulatory discretion in legislation, we need to identify provisions that delegate regulatory powers to governments and then examine the extent to which exercising regulatory powers is constrained. Using Natural Language Processing techniques, this paper presents descriptive findings of the dynamics of regulatory discretion in the United Kingdom between 1900 and 2020. The findings portray how discretion has been constrained and formalized over the years through the content of regulations, while it has still retained high levels of flexibility in exercising regulatory powers. In doing so, the findings illustrate the rise of the British regulatory state through its legislative language.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"115 1","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Celebrity is a form of policy influence that can occur under distinctive circumstances. This paper draws on the regulatory/policy capture literature to develop a model of celebrity capture that explains how interest groups can affect policy in the absence of economic clout or constituency mobilization. We posit that the likelihood of celebrity capture increases when several factors align: (1) a context open to change; (2) reduced oversight in decisionmaking processes; (3) organizations that have credibility and a halo effect due to their celebrity status; and (4) an uncoordinated sector with weak intermediary organizations. The analysis applies process tracing to account for the success of one celebrity-founded and celebrity-led organization, WE Charity, in shaping the design and being awarded sole-source implementation of the CAD $543 million Canada Student Service Grant (CSSG) program during COVID-19. The CSSG, which proposed to pay up to 100,000 students to “volunteer” in nonprofits over the course of a summer, quickly failed and became a public ethical scandal.
{"title":"Under the influence: The celebrity factor in policy capture","authors":"Christopher N. Dougherty, Susan D. Phillips","doi":"10.1111/rego.12517","DOIUrl":"https://doi.org/10.1111/rego.12517","url":null,"abstract":"Celebrity is a form of policy influence that can occur under distinctive circumstances. This paper draws on the regulatory/policy capture literature to develop a model of celebrity capture that explains how interest groups can affect policy in the absence of economic clout or constituency mobilization. We posit that the likelihood of celebrity capture increases when several factors align: (1) a context open to change; (2) reduced oversight in decisionmaking processes; (3) organizations that have credibility and a halo effect due to their celebrity status; and (4) an uncoordinated sector with weak intermediary organizations. The analysis applies process tracing to account for the success of one celebrity-founded and celebrity-led organization, WE Charity, in shaping the design and being awarded sole-source implementation of the CAD $543 million Canada Student Service Grant (CSSG) program during COVID-19. The CSSG, which proposed to pay up to 100,000 students to “volunteer” in nonprofits over the course of a summer, quickly failed and became a public ethical scandal.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"114 24","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lobbying has never been as sophisticated, complex, and well-funded as it is today. Significantly, interest group strategies are more advanced than the regulatory practices meant to contain them. This raises concerns about states' ability to resist unwanted influence from interest groups. How can government regulations be brought up to speed to address 21st-century lobbying practices? We argue that there are three critical dimensions to focus on: (i) regulatory consolidation; (ii) system interoperability; and (iii) open-source implementation. These aspects address the need for better coordination within jurisdictions, cooperation across systems, and effective use of public resources. Developing future regulations along these lines can help policy to leap-ahead interest groups; while limiting unwanted adverse effects on states' administrative efficiency and political legitimacy. In doing so, we provide a constructive roadmap forward in the field, linking common discussions between researchers, policymakers, and policy stakeholders.
{"title":"Regulating government affairs: Integrating lobbying research and policy concerns","authors":"David Coen, Alexander Katsaitis, Matia Vannoni","doi":"10.1111/rego.12515","DOIUrl":"https://doi.org/10.1111/rego.12515","url":null,"abstract":"Lobbying has never been as sophisticated, complex, and well-funded as it is today. Significantly, interest group strategies are more advanced than the regulatory practices meant to contain them. This raises concerns about states' ability to resist unwanted influence from interest groups. How can government regulations be brought up to speed to address 21st-century lobbying practices? We argue that there are three critical dimensions to focus on: (i) regulatory consolidation; (ii) system interoperability; and (iii) open-source implementation. These aspects address the need for better coordination within jurisdictions, cooperation across systems, and effective use of public resources. Developing future regulations along these lines can help policy to leap-ahead interest groups; while limiting unwanted adverse effects on states' administrative efficiency and political legitimacy. In doing so, we provide a constructive roadmap forward in the field, linking common discussions between researchers, policymakers, and policy stakeholders.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"114 10","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Even though workplace conditions worldwide are subject to local and international laws, labor conditions in global supply chains have continuously raised human rights concerns. In response to societal pressure, multinationals have taken on a certain degree of responsibility regarding workplace conditions in supplier factories, notably by adopting codes of conduct. Investigating the impact of this self-regulatory policy, scholars have examined whether and how codes shape labor conditions at the production level, but the results of their empirical studies diverge and sometimes contradict. To bring clarity to the field and gain an overarching understanding of the impact of codes, this literature review analyzes the question of their effectiveness as examined in 33 scientific papers gathered via a systematic selection of empirical studies. The review shows that supplier codes are not deemed unanimously and evenly effective by scholars and often fail to improve labor conditions. However, a range of factors are identified that facilitate the implementation of codes and ensure its effectiveness. This article develops a taxonomy of these factors and intends to contribute to understanding codes' decoupling and recoupling processes by investigating the gap between codes provisions and their intended outcome: the improvement of labor practices in global supply chains.
{"title":"The portrayal of effectiveness of supplier codes of conduct in improving labor conditions in global supply chains: A systematic review of the literature","authors":"Sarah Vandenbroucke","doi":"10.1111/rego.12514","DOIUrl":"https://doi.org/10.1111/rego.12514","url":null,"abstract":"Even though workplace conditions worldwide are subject to local and international laws, labor conditions in global supply chains have continuously raised human rights concerns. In response to societal pressure, multinationals have taken on a certain degree of responsibility regarding workplace conditions in supplier factories, notably by adopting codes of conduct. Investigating the impact of this self-regulatory policy, scholars have examined whether and how codes shape labor conditions at the production level, but the results of their empirical studies diverge and sometimes contradict. To bring clarity to the field and gain an overarching understanding of the impact of codes, this literature review analyzes the question of their effectiveness as examined in 33 scientific papers gathered via a systematic selection of empirical studies. The review shows that supplier codes are not deemed unanimously and evenly effective by scholars and often fail to improve labor conditions. However, a range of factors are identified that facilitate the implementation of codes and ensure its effectiveness. This article develops a taxonomy of these factors and intends to contribute to understanding codes' decoupling and recoupling processes by investigating the gap between codes provisions and their intended outcome: the improvement of labor practices in global supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"113 1","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In its AI Act, the European Union chose to understand trustworthiness of AI in terms of the acceptability of its risks. Based on a narrative systematic literature review on institutional trust and AI in the public sector, this article argues that the EU adopted a simplistic conceptualization of trust and is overselling its regulatory ambition. The paper begins by reconstructing the conflation of “trustworthiness” with “acceptability” in the AI Act. It continues by developing a prescriptive set of variables for reviewing trust research in the context of AI. The paper then uses those variables for a narrative review of prior research on trust and trustworthiness in AI in the public sector. Finally, it relates the findings of the review to the EU's AI policy. Its prospects to successfully engineer citizen's trust are uncertain. There remains a threat of misalignment between levels of actual trust and the trustworthiness of applied AI.
{"title":"Trustworthy artificial intelligence and the European Union AI act: On the conflation of trustworthiness and acceptability of risk","authors":"Johann Laux, Sandra Wachter, Brent Mittelstadt","doi":"10.1111/rego.12512","DOIUrl":"https://doi.org/10.1111/rego.12512","url":null,"abstract":"In its AI Act, the European Union chose to understand trustworthiness of AI in terms of the acceptability of its risks. Based on a narrative systematic literature review on institutional trust and AI in the public sector, this article argues that the EU adopted a simplistic conceptualization of trust and is overselling its regulatory ambition. The paper begins by reconstructing the conflation of “trustworthiness” with “acceptability” in the AI Act. It continues by developing a prescriptive set of variables for reviewing trust research in the context of AI. The paper then uses those variables for a narrative review of prior research on trust and trustworthiness in AI in the public sector. Finally, it relates the findings of the review to the EU's AI policy. Its prospects to successfully engineer citizen's trust are uncertain. There remains a threat of misalignment between levels of actual trust and the trustworthiness of applied AI.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"113 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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