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IV. Principales Riesgos del Proyecto

8.21. Aplicativo para Humedad y Temperatura con App Inventor

There is a large volume of regulatory studies literature that explores and reflects on the

existence and role of codes, both at industry and professional membership level as a part of self- regulation, where self-regulation is considered to be a regulatory process in which a business or an organisation sets rules and standard to regulate its own members.60 Businesses have used

56 Parker, above n 25, 9 and Garry C Gray and Susan C Silbey, in Christine Parker and Vibeke Lehmann Nielsen (eds), Explaining Compliance: Business Responses to Regulation (Edward Elgar, 2011) , 135.

57 Healy and Braithwaite, above n , S56 and Christie Ford, 'Prospect for Scalability: Relationships and Uncertainty in Responsive Regulation ' (2013) 7(1) Regulation and Governance 14, 15 and Wood et al, above n 8, 3.

58 Braithwaite, above n 7, 481. 59 Braithwaite, above n 7, 137.

60 Virginia Haufler, A Public Role for the Private Sector: Industry Self-regulation in a Global Economy (The

Brookings Institution Press, 2001), 3, Bindu Arya and Jane E Salk, 'Cross-Sector Alliance Learning and Effectiveness of Voluntary Codes of Corporate Social Responsibility ' (2006) 16(2) Business Ethics Quarterly 211, 212 and Short and Toffel, above n 23, 362 and Harry J Van Buren and Karen D Patterson, 'Institutional Predictors of and Complements to Industry Self-regulation with Regard to Labour Practices' (2012) 117(3) Business and Society

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codes as part of self-regulation for at least the last 40 years and Graves notes that businesses often use them as a part of their key ethics program.61 Other businesses use codes in an attempt to reduce the need for direct government intervention or as a way of meeting stakeholder expectations.62 Governments are often keen to encourage the establishment of codes at

industry level and there are government, both at Federal and State level that provide guidelines to Australian industries that are seeking to establish their own voluntary industry codes.63 Reeve considers the role of code in self-regulation and cautions that any research that seeks to assess the usefulness of codes as part of self-regulation needs to consider more the impact that codes have on meeting their objectives and less on code development and implementation.64 Theorists such as Ayres and Braithwaite and more recently Reeve believe that codes can play a role in models of co-regulation whereby governments require businesses or industry regulators to set rules that cover particular practices and then play a role in enforcing those rules.65

Codes of conduct can differ widely in their scope and in relation to the external socio-political and economic environment in which they operate, but they exist in a great number of industries

Review 357, 359 and M. Magalhães-Sant'Ana et al, 'What do European veterinary Codes of Conduct Actually Say and Mean? A Case Study Approach' (2015) 176(25) Veterinary Record 654, 654.

61 Brooke W Graves, 'Codes of Ethics for Business and Commercial Organization' (1924) 35(1) International Journal

of Ethics 41, 42 and Magnus Frostenson, Sven Helin and Johan Sandstrom, 'The Internal Signficance of Codes of Conduct in Retail Companies' (2012) 21(3) Business Ethics: A European Review 263, 263

62 Ans Kolk and Rob Van Tulder, 'Multinationals and Codes of Conduct: Dynamics and Effectiveness' (Paper presented at the International Conference Voluntary Codes of Conduct for Multinational Corporations Zickline School of Business, Baruch College, City University of New York 2004), 4.

63 Some examples are Commonwealth of Australia, 'Guidelines for Developing Effective Voluntary Industry Codes of Conduct ' (Australian Competition and Consumer Commission 2011)

<http://www.accc.gov.au/system/files/Guidelines%20for%20developing%20effective%20voluntary%20industry%2 0codes%20of%20conduct.pdf> and Tasmanian Integrity Commission and ' A Guide to Developing Codes of Conduct'

(<http://www.integrity.tas.gov.au/__data/assets/pdf_file/0006/189555/A_Guide_to_Developing_a_Code_of_Con duct_.PDF>.

64 Belinda Reeve, The Food Pyramid meets the Regulatory Pyramid (Doctor of Philosphy Thesis, PhD Thesis, University of Sydney 2014), 137.

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and are adopted by corporations and industries to show a commitment to improving practice, and respecting the society, community and industry in which they operate.66 Codes can serve both business and social purposes and provide a standard where none exists. Prakash,

Emelianova and Beckers argue that codes can also reduce the need for direct government regulation, provided their implementation is rigorous and stakeholders have been consulted during that process. 67

The regulatory theory literature is mixed when it comes to an evaluation of the effectiveness of industry and business codes of conduct in achieving compliance with the objects of such codes. Parker looks at what motivates companies to adopt codes and asserts that they can be largely symbolic. Frostenson et al conclude in their research that codes often add very little in the regulatory mix for most organisations.68 Other regulatory theory researchers such as Van der Heijden note that codes may be less effective in regulatory areas that are highly politicised and where substantial institutional capital is required in terms of knowledge required by policy makers and inspectors to enforce them.69

66 Bindu Arya and Jane E Salk, 'Cross-Sector Alliance Learning and Effectiveness of Voluntary Codes of Corporate Socal Responsibility ' (2006) 16(2) Business Ethics Quarterly 211.

67 Sethi S Prakash and Olga Emelianova, 'A Failed Strategy of Using Voluntary Codes of Conduct by the Global Mining Industry' (2006) 6(3) Corporate Governance 226, 228 and Short and Toffel, above n , 361 and Harry J Van Buren and Karen D Patterson, 'Institutional Predictors of and Complements to Industry Self-regulation with Regard to Labor Practices' (2012) 117(3) Business and Society Review 357, 359 and Anna Beckers, 'Regulating Corporate Regulators through Contract Law? The Case of Corporate Social Responsibility Codes of Conduct' (European University Institute 2016), 11.

68 Parker, above n , 26 and Arya and Salk, above n 66, Frostenson, Helin and Sandstrom, above n 61, 270 and Petrina Schiavi and Fiona Solomon, 'Voluntary Initiatives in the Mining Industry: Do They Work?' (2006) 53(Spring )

Greener Management International 27, 30.

69 Jeroen Van der Heijden, 'The New Governance for Low-Carbon Buildings: Mapping Exploring, Interrogating' (2016) 44(5-6) Building Research and Information 575, 576.

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Researchers such as Salvioni et al and Kolk and Tulder conclude that properly constructed codes can enhance behaviour.70 MacNeil suggests that a code that attempts to regulate conduct may be successful if it introduces a sense of professionalism into an industry.71 Effective codes of conduct can assist towards instilling a corporate culture that is based on the organisation’s core value. Cunningham and Clinch assert that to be effective codes should reflect the voices of all stakeholders and should be reviewed regularly to ensure they are kept up to date and relevant. Not only should codes be monitored and evaluated regularly, but they should also be supported by an effective system of complaints handling. Codes also need to be backed by sufficient resources and other appropriate mechanisms such as fines, penalties and other legal remedies that can be used by the body that is responsible for their enforcement. Cunningham and Clinch confirm that organisations need to possess the competence at an institutional level that enables this monitoring, enforcement and evaluation process.72

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