Regulatory Design Strategies and Enforcement Approaches for Research Involving Human Embryos and Cloning in Australia and the United Kingdom (UK) - Time for a Change

Sydney Law Review, Vol. 32, No. 4, p. 617, 2010

28 Pages Posted: 30 Sep 2011

Date Written: September, 29 2011

Abstract

This paper examines regulatory design strategies and enforcement approaches in the context of the UK and Australia’s regulation of research involving human embryos and cloning. The aim is to discuss current regulation in view of the impending review of the Research Involving Human Embryos Act 2002 and the Prohibition of Human Reproductive Cloning Act 2002. It is argued that the type of regulation used in relation to those who are licensed to research in Australia is unsuitable due to an over-emphasis on deterrence and the authoritarian approach taken by regulatory bureaucracies. The cost and efficiency of the current system is also questioned. The central thesis is that a co-regulatory system that combines the existing framework legislation with self-regulation should be adopted for license-holders. Such regulation of license holders should include responsive regulatory strategies. Command and control’ design strategies and deterrence approaches present in the current regulatory systems for breaches of legislation by non-license holders and serious breaches by license holders should be maintained.

Keywords: Regulatory Theory, Research, Human Embryos, Cloning, Braithwaite, Compliance

Suggested Citation

Allan, Sonia, Regulatory Design Strategies and Enforcement Approaches for Research Involving Human Embryos and Cloning in Australia and the United Kingdom (UK) - Time for a Change (September, 29 2011). Sydney Law Review, Vol. 32, No. 4, p. 617, 2010, Available at SSRN: https://ssrn.com/abstract=1935489

Sonia Allan (Contact Author)

Deakin University ( email )

Deakin Law School
Burwood
Victoria, Victoria 3127
Australia

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