Enforcement is the proper execution of the process of ensuring compliance with
laws, regulations, rules, standards, and
social norm
Social norms are shared standards of acceptance, acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social normat ...
s.
Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations.
Enactment refers to application of a law or regulation, or carrying out of an executive or judicial order.
Theories of enforcement
Enforcement serves a number of functions; the enforcement of social norms can ensure conformity within insular communities, the enforcements of laws can maximize social benefits and protect the public interest, and enforcement may also serve the self-interest of the institutions that oversee enforcement. Enforcement can be effectuated by both public institutions and private, non-governmental actors. Enforcement is often accomplished through coercive means or by utilizing power disparities to constrain action. Some scholars, such as Kate Andrias, have also argued that institutions enforce rules when deciding "when and how to apply" laws and regulations.
Delegation of enforcement powers
Some governments will
delegate enforcement powers to subordinate governmental entities or private parties. In the
United States, for example, the federal government and state governments often delegate a range of enforcement powers to
administrative agencies
A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administrati ...
. There has been considerable debate in legal scholarship about the degree to which governments should oversee and supervise institutions to which enforcement powers have been delegated.
Enforcement mechanisms
In 2017, of 265 policies for
ocean protection only 13% had specific enforcement mechanisms.
Enforcement mechanisms are major component of
governance structures. It has been suggested that an effective
global public
health security convention would require a governing body (or bodies) to enforce the framework with appropriate enforcement mechanisms.
Similar approaches include the concept of "climate clubs" of
polities for
climate change mitigation
Climate change mitigation is action to limit climate change by reducing Greenhouse gas emissions, emissions of greenhouse gases or Carbon sink, removing those gases from the atmosphere. The recent rise in global average temperature is mostly caus ...
. In such, "border adjustments
..have to be introduced to target those states that do not participate
..to avoid shifting effects with ecologically and economically detrimental consequences", with such "border adjustments or
eco-tariff
An eco-tariff, also known as an environmental tariff or carbon tariff, is a trade barrier erected for the purpose of reducing pollution and improving the environment. These trade barriers may take the form of import or export taxes on products t ...
s" incentivizing other countries to adjust their standards and domestic production to join the climate club.
The
Paris Agreement
The Paris Agreement (french: Accord de Paris), often referred to as the Paris Accords or the Paris Climate Accords, is an international treaty on climate change. Adopted in 2015, the agreement covers climate change mitigation, Climate change a ...
may lack enforcement mechanisms.
On a national level, penalties for non-complying countries could include:
* public reprimands
*
economic sanction
Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions are not necessarily imposed because of economic circumstances—they may ...
s
* denial of benefits, such as those related to travel, trade, and tourism
* public disclosures of compliance which could act either as an incentive or penalty
* tariffs
Benefits for countries could include:
* tangible resources, such as financial aid or technical assistance
* other support
* access to data and information, recommendations and guidance, or other services provided by a governing body
* tariffs
Selective enforcement
Institutions may choose to exercise discretion, thereby enforcing laws, regulations, or norms only in selective circumstances. Some scholars, such as Joseph H. Tieger, have suggested that selective enforcement is inherent component of all enforcement regimes, because it is impossible for enforcers to observe and catch every violation. Other scholars, such as
Margaret H. Lemos
Margaret H. Lemos is an American legal scholar of constitutional law, legal institutions, and procedure. She is currently Robert G. Seaks Distinguished Professor of Law at Duke University School of Law, where she has taught since 2011.
Lemos com ...
and Alex Stein, have suggested that "strategic" enforcement is a cost-effective method of achieving social benefits; by focusing enforcement on the worst violators, other violators will "downscale" their activities so that they do not appear to be the worst offender.
Margaret H. Lemos
Margaret H. Lemos is an American legal scholar of constitutional law, legal institutions, and procedure. She is currently Robert G. Seaks Distinguished Professor of Law at Duke University School of Law, where she has taught since 2011.
Lemos com ...
and Alex Stein,
Strategic Enforcement
', 95 9, 9-10 (2010).
See also
*
Law enforcement
*
Primary and secondary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...
References
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Governance
Statutory law
Law enforcement
Legal procedure