Technical Papers
Mar 6, 2020

Regulatory Enforcement Approaches for Mass Population Displacement

Publication: Journal of Construction Engineering and Management
Volume 146, Issue 5

Abstract

During the European Refugee Situation in 2015, Sweden received an influx of forcibly displaced persons seeking asylum, the highest number of asylum seekers per capita among European Union member states. A challenge existed in providing accommodations within the Swedish built environment, in contrast to other housing solutions such as geographically distinct refugee camps. Regulations are one method of maintaining consistent standards of buildings, but they are effective only if they are enforced. During uncertainty, compliance decisions can be based on cognitive understanding (cognitive legitimacy). Otherwise, deterrence-based regulation is rooted in direct consequences (pragmatic legitimacy), and responsive regulation relies on normative motivation (moral legitimacy) for compliance. This study explored the normative aspect of regulatory enforcement through inspections. In 2017, 34 semistructured interviews were conducted with individuals involved with providing temporary accommodations in Sweden during 2015–2016. From these, six interviews with employees of regulatory enforcement agencies were qualitatively analyzed to discover how regulators legitimized. Findings show that regulators justified their inspections predominantly based on what is considered as a socially acceptable approach (procedural legitimacy) and what is understandable based on their personal experience (comprehensibility legitimacy). This study provides practical insight to regulators regarding the benefits for using responsive regulation during institutional responses to mass population displacement in urban communities. Findings will assist in ensuring that the quality of buildings is consistent for the general population and reduces variation in the safety provided by buildings. Additionally, this analysis contributes to the literature addressing mass population displacement and provides new knowledge of organizational legitimacy in technical applications.

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Data Availability Statement

Some or all data, models, or code generated or used during the study are proprietary or confidential in nature and may be provided only with restrictions (e.g., anonymized data). All interviews contain identifiable information and cannot be shared without anonymization.

Acknowledgments

This material is based upon work supported by the National Science Foundation under Grant No. 1624417 and 1624409. Additional thanks to the University of Washington Valle Scholarship and Scandinavian Exchange Program for funding travel and data collection. The authors thank the individuals who took the time to meet and share their experiences on this subject.

References

Baldwin, R., M. Cave, and M. Lodge. 2011. Understanding regulation: Theory, strategy, and practice. Oxford: Oxford University Press.
Boverket. 2016. The Swedish National Board of Housing, Building and Planning’s mandatory provisions and general recommendations for temporary accommodation facilities. Stockholm, Sweden: Swedish National Board of Housing, Building and Planning.
Boverket. 2017. “BBR—Boverkets byggregler.” Accessed March 30, 2017. http://www.boverket.se/sv/lag--ratt/forfattningssamling/gallande/bbr---bfs-20116/.
Braithwaite, J. 2011. “The essence of responsive regulation Fasken lecture.” Univ. Br. Columbia Law Rev. 44 (3): 475–520.
Brunsson, N., and B. Jacobsen. 2002. A world of standards. Oxford: Oxford University Press.
Coakley, M. 2011. “On the value of political legitimacy.” Politics Philosophy Econ. 10 (4): 345–369. https://doi.org/10.1177/1470594X10387272.
Crouse, T., and P. A. Lowe. 2018. “Snowball sampling.” In The SAGE encyclopedia of educational research, measurement, and evaluation. Thousand Oaks, CA: SAGE.
Dauer, U. 2015. “World news: In housing migrants, Germany hits walls—Thicket of regulations is complicating challenge of building enough shelters for all the new arrivals.” Wall Street Journal, November 9, 2015.
Deephouse, D. L., and M. Suchman. 2008. “Legitimacy in organizational institutionalism.” In The SAGE handbook of organizational institutionalism, 49–77. Thousand Oaks, CA: SAGE.
Edelman, L. B., and M. C. Suchman. 1997. “The legal environments of organizations.” Ann. Rev. Sociol. 23 (1): 479–515. https://doi.org/10.1146/annurev.soc.23.1.479.
Faure, J. C., K. M. Faust, and J. Kaminsky. 2018. “Legitimization of the inclusion of cultural practices of displaced persons in the planning of water and sanitation services in accommodations.” In (Re)Organizing in an uncertain climate, 571–595. Brijuni, Croatia: Engineering Project Organization Society.
Fawaz, M. 2017. “Exceptions and the actually existing practice of planning: Beirut (Lebanon) as case study.” Urban Stud. 54 (8): 1938–1955. https://doi.org/10.1177/0042098016640453.
Gesley, J. 2016. “Refugee law and policy: Germany.” Accessed October 23, 2016. http://www.loc.gov/law/help/refugee-law/germany.php.
Global Alliance for Urban Crises. 2018. Forced displacement in urban areas: What needs to be done. Geneva: Inter-Agency Standing Committee.
Hacker, M. E. 2019. “Regulating uncertainty: Institutional implications of regulatory mechanisms for temporary accommodations for displaced persons in Germany and Sweden.” Ph.D. thesis, Dept. of Civil Engineering, Univ. of Washington.
Hacker, M. E., J. Kaminsky, and K. M. Faust. 2019. “Legitimizing involvement in emergency accommodations: Water and wastewater utility perspectives.” J. Constr. Eng. Manage. 145 (4): 04019013. https://doi.org/10.1061/(ASCE)CO.1943-7862.0001622.
Hofverberg, E. 2016. “Refugee law and policy: Sweden.” Accessed October 23, 2016. https://www.loc.gov/law/help/refugee-law/sweden.php.
Human Rights Watch. 1996. “Swedish asylum policy in global human rights perspective.” Refworld 8 (14).
Jeffrey, A., F. McConnell, and A. Wilson. 2015. “Understanding legitimacy: Perspectives from anomalous geopolitical spaces.” Geoforum 66 (Nov): 177–183. https://doi.org/10.1016/j.geoforum.2015.09.005.
Lodge, M., and K. Wegrich. 2012. Managing regulation: Regulatory analysis, politics and policy. London: Macmillan International Higher Education.
Matz, J. 2015. “Soviet refugees to Sweden 1941–1947 and the Raoul Wallenberg case.” J. Baltic Stud. 46 (4): 435–457. https://doi.org/10.1080/01629778.2014.981674.
May, P. J. 2005. “Regulation and compliance motivations: Examining different approaches.” Publ. Administration Rev. 65 (1): 31–44. https://doi.org/10.1111/j.1540-6210.2005.00428.x.
Mendoza, J. P., and J. L. Wielhouwer. 2015. “Only the carrot, not the stick: Incorporating trust into the enforcement of regulation.” PLoS One 10 (2): 1–18.
Migrationsverket. 2016. Seeking asylum in Sweden—Accommodation (språk: engelska). Norrköping, Sweden: Swedish Migration Agency.
Perez, O. 2011. “Responsive regulation and second-order reflexivity: On the limits of regulatory intervention.” Univ. Br. Columbia Law Rev. 44 (3): 743–778.
Reiss, A. 1984. “Consequences of compliance and deterrence models of law enforcement for the exercise of police discretion.” Law Contemp. Prob. 47 (4): 83–122. https://doi.org/10.2307/1191688.
Reynaers, A.-M., and S. Parrado. 2017. “Responsive regulation in public-private partnerships: Between deterrence and persuasion.” Regul. Governance 11 (3): 269–281. https://doi.org/10.1111/rego.12121.
Rosenthal, U., and A. Kouzmin. 1997. “Crises and crisis management: Toward comprehensive government decision making.” J. Publ. Admin. Res. Theory 7 (2): 277–304. https://doi.org/10.1093/oxfordjournals.jpart.a024349.
Scott, W. R. 2008. Institutions and organizations: Ideas and interests. Thousand Oaks, CA: SAGE.
Shelter Scotland. 2015. The use of temporary accommodation in Scotland. Edinburgh, UK: Shelter Scotland.
Sparrow, M. K. 2011. The regulatory craft: Controlling risks, solving problems, and managing compliance. Washington, DC: Brookings Institution Press.
Spradley, J. P. 2016. The ethnographic interview. Long Grove, IL: Waveland.
Suchman, M. C. 1995. “Managing legitimacy: Strategic and institutional approaches.” Acad. Manage. Rev. 20 (3): 571–610. https://doi.org/10.5465/amr.1995.9508080331.
Thompson, J. D. 1967. Organizations in action: Social science bases of administrative theory. New York: Routledge.
Thornton, P. H., and W. Ocasio. 2008. “Institutional logics.” In The SAGE handbook of organizational institutionalism, 99–128. London: SAGE.
Tyler, T. 2006. “Psychological perspectives on legitimacy and legitimation.” Ann. Rev. Psychol. 57 (Jan): 375–400.
UNHCR (United Nations High Commissioner for Refugees). 2016. Global trends 2015. Geneva: UNHCR.
Weber, M. 1924. Economy and society. London: Taylor & Francis.
Wilson, W., C. Barton, and A. Mackley. 2017. Use of temporary accommodation in England. London: House of Commons Library.

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Go to Journal of Construction Engineering and Management
Journal of Construction Engineering and Management
Volume 146Issue 5May 2020

History

Received: Feb 2, 2019
Accepted: Oct 28, 2019
Published online: Mar 6, 2020
Published in print: May 1, 2020
Discussion open until: Aug 6, 2020

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Authors

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Formerly, Civil and Environmental Engineering Dept., Univ. of Washington, 201 More Hall, Box 352700, Seattle, WA 98195; Postdoctoral Researcher, Environmental Social Sciences Dept., Eawag – Swiss Federal Institute of Aquatic Science and Technology, Überlandstrasse 133, Dübendorf 8600, Switzerland (corresponding author). ORCID: https://orcid.org/0000-0001-8803-4085. Email: [email protected]
Jessica Kaminsky, M.ASCE https://orcid.org/0000-0002-1340-7913
Assistant Professor, Civil and Environmental Engineering Dept., Univ. of Washington, 201 More Hall, Box 352700, Seattle, WA 98195. ORCID: https://orcid.org/0000-0002-1340-7913
Kasey M. Faust, A.M.ASCE
Assistant Professor, Dept. of Civil, Architectural and Environmental Engineering, Cockrell School of Engineering, Univ. of Texas at Austin, 301 E. Dean Keeton St. Stop C1700, Austin, TX 78712.
Sebastien Rauch
Professor, Dept. of Architecture and Civil Engineering, Water Environment Technology, Chalmers Univ. of Technology, Gothenburg SE-412 96, Sweden.

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