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Legal enclaves as a test environment for innovative products: Toward legally resilient experimentation policies

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  • Stefan Philipsen
  • Evert F. Stamhuis
  • Martin de Jong

Abstract

Many countries adhere to the Organisation for Economic Co‐operation and Development creed that innovation is good for the economy. Experiments are often used to intentionally create space for innovation. Decisions allowing experiments result in temporary legal enclaves for a few, excluding many others. Therefore, they come with risks. The aim of this article is to provide a set of guidelines that help improve the legal resilience of experimentation policies, so they are better able to withstand legal attacks when they occur. To do so, we first arranged the existing diversity of legal experiments in a theoretical model. Special attention was paid to two archetypes of legal experiments: statutory experiments and regulatory sandboxes. Second, we analyzed the impact of both types of experiments on four core legal principles: legality, certainty, equality, and public accountability. From this assessment, we eventually formulated a set of guidelines to secure or improve legal resilience.

Suggested Citation

  • Stefan Philipsen & Evert F. Stamhuis & Martin de Jong, 2021. "Legal enclaves as a test environment for innovative products: Toward legally resilient experimentation policies," Regulation & Governance, John Wiley & Sons, vol. 15(4), pages 1128-1143, October.
    • Handle: RePEc:wly:reggov:v:15:y:2021:i:4:p:1128-1143
    DOI: 10.1111/rego.12375
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    References listed on IDEAS

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    1. Mark Fenwick & Erik P. M. Vermeulen & Marcelo Corrales, 2018. "Business and Regulatory Responses to Artificial Intelligence: Dynamic Regulation, Innovation Ecosystems and the Strategic Management of Disruptive Technology," Perspectives in Law, Business and Innovation, in: Marcelo Corrales & Mark Fenwick & Nikolaus Forgó (ed.), Robotics, AI and the Future of Law, pages 81-103, Springer.
    2. Blind, Knut & Petersen, Sören S. & Riillo, Cesare A.F., 2017. "The impact of standards and regulation on innovation in uncertain markets," Research Policy, Elsevier, vol. 46(1), pages 249-264.
    3. Bruns, Hendrik & Kantorowicz-Reznichenko, Elena & Klement, Katharina & Luistro Jonsson, Marijane & Rahali, Bilel, 2018. "Can nudges be transparent and yet effective?," Journal of Economic Psychology, Elsevier, vol. 65(C), pages 41-59.
    4. Ringe, Wolf-Georg & Ruof, Christopher, 2018. "A Regulatory Sandbox for Robo Advice," ILE Working Paper Series 14, University of Hamburg, Institute of Law and Economics.
    5. Hendrik Bruns & Elena Kantorowicz-Reznichenko & Katharina Klement & Marijane Luistro Jonsson & Bilel Rahali, 2018. "Can nudges be transparent and yet effective?," Post-Print hal-01824076, HAL.
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    Cited by:

    1. Mindaugas Butkus & Giovanni Schiuma & Ilona Bartuseviciene & Ona Grazina Rakauskiene & Lina Volodzkiene & Laura Dargenyte-Kacileviciene, 2023. "The impact of organizational resilience on the quality of public services: Application of structural equation modeling," Equilibrium. Quarterly Journal of Economics and Economic Policy, Institute of Economic Research, vol. 18(2), pages 461-489, June.
    2. Albert Sanghoon Park, 2023. "Building resilience knowledge for sustainable development: Insights from development studies," WIDER Working Paper Series wp-2023-33, World Institute for Development Economic Research (UNU-WIDER).

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