Smart Regulation

Overview

Japan has repeatedly suffered regulatory disorder, including underregulation before the need for regulation is highlighted by some social upheaval, and delayed regulation or overregulation once the need for regulation becomes inescapable. There is therefore a need to consider how we can achieve balanced, timely and appropriate regulation. Smart regulation is one approach to such challenges.

Behind this activity is the thought that various activities, such as policy assessment (including regulatory impact analysis), joint fact finding and technology assessment should be utilized more efficiently, taking into account the increasing demand for evidence based laws and regulations and accountability to stakeholders.

Our research group examines current practice to identify where regulatory decision-making would be appropriate and (pre- and post) Regulatory Impact Assessment (RIA). We survey developments in other countries and the role of international organizations (ie. the United States, Europe, OECD etc.) to better understand the implications of their practice, and examine challenges in the practice of RIA and institutional issues concerning regulation and policy assessment in Japan.

Activities So Far

Based on the above goals, members of this unit have presented their findings at meetings under the following headings: “The current practice, challenges and potentials of regulatory impact analysis in Japan” (Atsuo Kishimoto), “RIA and competition analysis in the U.S. and the issue of RIA in Japan” (Takuya Nakaizumi), and “The global trend of smart regulation” (Makiko Matsuo). We also held a discussion session with an invited speaker (Prof Ishida, visiting professor, who spoke “On better regulation of finance”). Seizing the opportunity of experts visiting Japan, we have received inputs on global trends. We were able to discuss improved forms of regulation with Jonathan D. Wiener, Professor at Duke University in the United States, and with Michael D. Rogers, a former member of the Group of Policy Advisers, the European Commission, in a discussion entitled “Expert Advice and Moving from Precaution to Smarter Regulations”. In addition, we have heard from and exchanged opinions with government officials. Currently, we are at the stage of brainstorming and concept creation. We hope to develop our ideas into tangible institutional and practical policy recommendations by trial implementation of RIA.