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 The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

, for example, the federal government and state governments often delegate a range of enforcement powers to administrative agencies. 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 Governance is the process of interactions through the laws, norms, power or language of an organized society over a social system (family, tribe, formal or informal organization, a territory or across territories). It is done by the govern ...

structures. It has been suggested that an effective

global Global means of or referring to a globe and may also refer to: Entertainment * ''Global'' (Paul van Dyk album), 2003 * ''Global'' (Bunji Garlin album), 2007 * ''Global'' (Humanoid album), 1989 * ''Global'' (Todd Rundgren album), 2015 * Bruno ...

public

health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity". World Health Organization. (2006)''Constitution of the World Health Org ...

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 A polity is an identifiable political entity – a group of people with a collective identity, who are organized by some form of institutionalized social relations, and have a capacity to mobilize resources. A polity can be any other group of ...

for

climate change mitigation Climate change mitigation is action to limit climate change by reducing emissions of greenhouse gases or removing those gases from the atmosphere. The recent rise in global average temperature is mostly caused by emissions from fossil fuels bu ...

. 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-tariffs" 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, adaptation, and ...

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 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 and Alex Stein,
Strategic Enforcement
', 95 9, 9-10 (2010).

References

{{Reflist, 30em Governance Statutory law Law enforcement Legal procedure

Theories of enforcement

Delegation of enforcement powers

Enforcement mechanisms

Selective enforcement

See also

References