IDEAS home Printed from https://ideas.repec.org/a/wly/reggov/v7y2013i3p365-386.html
   My bibliography  Save this article

“Embedded regulation:” The migration of objects, scripts, and governance

Author

Listed:
  • Emilie Cloatre
  • Robert Dingwall

Abstract

This paper asks why an officially unregulated market in pharmaceuticals in a least developed country, Djibouti, behaves as if it were strictly regulated, with limited access to a small number of high‐cost drugs. We use Actor‐Network Theory (ANT) to show that the explanation is more complex than critics of the international pharmaceutical industry have supposed. Regulation and property rights generated in developed countries have become embedded in the drugs and “black boxed” to the point of invisibility. This has allowed them to travel to Djibouti with the drugs, while maintaining their effects in action. This case study develops our understanding of the way in which materials that are not designated as regulatory agents may still have regulatory impacts through their ability to enrol complex networks of actors, rules, values, and practices. Finally, it argues against the notion of law as a fixed and distinctive space for action, as opposed to the ANT vision of a fluid and contingent order, where law is part of a socio‐technico‐legal alliance that happens to achieve certain effects.

Suggested Citation

  • Emilie Cloatre & Robert Dingwall, 2013. "“Embedded regulation:” The migration of objects, scripts, and governance," Regulation & Governance, John Wiley & Sons, vol. 7(3), pages 365-386, September.
    • Handle: RePEc:wly:reggov:v:7:y:2013:i:3:p:365-386
    DOI: 10.1111/j.1748-5991.2012.01152.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1748-5991.2012.01152.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1748-5991.2012.01152.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521819145, January.
    2. Baldwin, Robert & Cave, Martin & Lodge, Martin, 2011. "Understanding Regulation: Theory, Strategy, and Practice," OUP Catalogue, Oxford University Press, edition 2, number 9780199576098, Decembrie.
    3. Baldwin, Robert & Scott, Colin & Hood, Christopher (ed.), 1998. "A Reader on Regulation," OUP Catalogue, Oxford University Press, number 9780198765295, Decembrie.
    4. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398, January.
    5. Jean-Noël Kapferer, 1997. "Marque et médicaments : le poids de la marque dans la prescription médicale," Post-Print hal-00784104, HAL.
    6. Keith Sisson & Paul Marginson, 2001. "'Soft Regulation' - Travesty of the Real Thing or New Dimension?," One Europe or Several? Working Papers 32, One-Europe Programme.
    7. Braithwaite,John & Drahos,Peter, 2000. "Global Business Regulation," Cambridge Books, Cambridge University Press, number 9780521784993, January.
    8. World Bank, 2012. "World Development Report 2012 [Rapport sur le développement dans le monde 2012]," World Bank Publications - Books, The World Bank Group, number 4391.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Daniel F Robinson, 2010. "Locating Biopiracy: Geographically and Culturally Situated Knowledges," Environment and Planning A, , vol. 42(1), pages 38-56, January.
    2. Thomas Gehring & Benjamin Faude, 2014. "A theory of emerging order within institutional complexes: How competition among regulatory international institutions leads to institutional adaptation and division of labor," The Review of International Organizations, Springer, vol. 9(4), pages 471-498, December.
    3. Cozzi, Guido & Galli, Silvia, 2022. "Covid-19 Vaccines, Innovation, and Intellectual Property Rights," GLO Discussion Paper Series 1095, Global Labor Organization (GLO).
    4. Gjølberg Maria, 2011. "Explaining Regulatory Preferences: CSR, Soft Law, or Hard Law? Insights from a Survey of Nordic Pioneers in CSR," Business and Politics, De Gruyter, vol. 13(2), pages 1-33, August.
    5. Heinz Klug, 2008. "Law, Politics, and Access to Essential Medicines in Developing Countries," Politics & Society, , vol. 36(2), pages 207-245, June.
    6. Basheer Shamnad, 2010. "Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries," The Law and Development Review, De Gruyter, vol. 3(2), pages 141-197, May.
    7. Bayer, Patrick & Marcoux, Christopher & Urpelainen, Johannes, 2013. "Leveraging private capital for climate mitigation: Evidence from the Clean Development Mechanism," Ecological Economics, Elsevier, vol. 96(C), pages 14-24.
    8. Suma Athreye & Lucia Piscitello & Kenneth C. Shadlen, 2020. "Twenty-five years since TRIPS: Patent policy and international business," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 315-328, December.
    9. Iain M. Cockburn & Jean O. Lanjouw & Mark Schankerman, 2016. "Patents and the Global Diffusion of New Drugs," American Economic Review, American Economic Association, vol. 106(1), pages 136-164, January.
    10. Suzuki, Mao, 2020. "Profits before patients? Analyzing donors’ economic motives for foreign aid in the health sector," World Development, Elsevier, vol. 132(C).
    11. Haunss, Sebastian, 2013. "Enforcement vs. access: wrestling with intellectual property on the internet," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 2(2), pages 1-9.
    12. El-Bialy, Nora, 2010. "The role of institutions within the IPR enforcement: The case of de facto software protection in Egypt," Discussion Papers on Strategy and Innovation 10-02, Philipps-University Marburg, Department of Technology and Innovation Management (TIM).
    13. repec:spo:wpecon:info:hdl:2441/8526 is not listed on IDEAS
    14. Leonhard Dobusch & Sigrid Quack, 2013. "Framing standards, mobilizing users: Copyright versus fair use in transnational regulation," Review of International Political Economy, Taylor & Francis Journals, vol. 20(1), pages 52-88, February.
    15. Jandhyala, Srividya, 2015. "International and domestic dynamics of intellectual property protection," Journal of World Business, Elsevier, vol. 50(2), pages 284-293.
    16. Perri 6 & Eva Heims & Martha Prevezer, 2023. "How did international economic regulation survive the last period of deglobalization?," Regulation & Governance, John Wiley & Sons, vol. 17(1), pages 272-289, January.
    17. Tristan Auvray & Cédric Durand & Joel Rabinovich & Cecilia Rikap, 2020. "Financialization's conservation and transformation: from Mark I to Mark II," Working Papers hal-03079425, HAL.
    18. Dai, Rong & Watal, Jayashree, 2021. "Product patents and access to innovative medicines," Social Science & Medicine, Elsevier, vol. 291(C).
    19. Stephen, Matthew D. & Parízek, Michal, 2019. "New Powers and the Distribution of Preferences in Global Trade Governance: From Deadlock and Drift to Fragmentation," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 24(6), pages 735-758.
    20. Manuela Moschella & Eleni Tsingou, 2013. "Regulating finance after the crisis: Unveiling the different dynamics of the regulatory process," Regulation & Governance, John Wiley & Sons, vol. 7(4), pages 407-416, December.
    21. Mohammad Abdulmahdi Amin Alfaouri, 2020. "THE IMPACT OF TRIPS ON IPRs PROTECTION IN JORDAN, AS A PRIME EXAMPLE OF A DEVELOPING COUNTRY," Oradea Journal of Business and Economics, University of Oradea, Faculty of Economics, vol. 5(special), pages 154-162, June.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:reggov:v:7:y:2013:i:3:p:365-386. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1748-5991 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.