Voluntary instruments for environmental management: a critical review of definitions (Preliminary version- Do not quote or disseminate without author's permission) Annual Conference of Canadian Economic Association Ottawa, Mai 29 –Juin 1 2003 Naoufel Mzoughi (corresponding author) Université de Bourgogne- UMR INRA-ENESAD 26 Bd Dr Petitjean B.P. 87999 21079 DIJON CEDEX France Tel: + 33 3 80 77 24 39 Fax: + 33 3 80 77 25 71 mzoughi@enesad.inra.fr Gilles Grolleau Université de Bourgogne- UMR INRA-ENESAD 26 Bd Dr Petitjean B.P. 87999 21079 DIJON CEDEX France Tel: + 33 3 80 77 24 43 Fax: + 33 3 80 77 25 71 g.grolleau@enesad.inra.fr Abstract : The limits of regulatory and economic instruments allowed the development of voluntary instruments for environmental management. The proliferation of voluntary instruments have generated an increasing economic literature. Nevertheless, this literature is generally unassuming the definitions of the studied instruments. This paper tries to fulfill the gap, giving a new definition of voluntary instruments. Our contribution differs from the previous ones by the importance given to the instrumental character, the voluntary notion and the commitment of over-compliance to regulation. We show that some voluntary approaches ensure beyond-regulatory results without necessarily satisfying the objective defined by regulation or the voluntary approach itself. Beyond the terminology considerations, our analysis enables to envisage a refined assessment of the effectiveness of different environmental policies instruments. Our paper is organized as follows. First, we do a critical review of available definitions in the economic liter ature, to identify and discuss the components of an operational definition. Second, we develop and do a critical discussion of some constitutive dimensions of voluntary instruments. Third, we put forward a simple model allowing the apprehension of the government and firm behavior vis-à-vis a voluntary approach. We conclude with underlying the contribution of this new definition, the limits of our paper and the further development. Keywords : Voluntary instruments, definition, regulation, environmental management, over compliance. JEL : K 32, Q 28. Voluntary instruments of environmental management: a critical review of definitions "La définition fait connaître ce qu’est la chose." 1 Aristote, Extrait d’Organon. "Définir, c’est savoir. Aussi la définition juste est-elle la plus rare des denrées."2 Auguste Blanqui, Critique sociale "Definitions are indispensable to communication, to the vital process of persuasion which underlines any academic discipline. Economists must begin their own peculiar campaigns of persuasion by getting their readers to abide by certain terminological choices. As a consequence, a sign of maturity in any academic endeavor is the development of a widely accepted distinct language composed of precise definitions." Freedman, 2002, P. 161 Introduction Traditionally, environmental policies have relied on the government coercive power. These command and control approaches define norms which are supposed to be respected by each agent to the risk of being sanctioned. Further to theoretical works of economists such as Pigou, Dales and Coase, governments have completed their range by implementing economic instruments. These two generations of instruments enable to pick the low hanging fruits and recent works have showed their weaknesses and limits (Hahn, 1992). Unlike the first instruments, a third generation one3- voluntary approaches- came from regulated entities. More than 300 voluntary agreements have been concluded with industry in the European Union Countries and about forty similar agreements are in place in the United States (Delmas et Terlaak, 2001). This increasing phenomenon has been followed by an increasing economic literature. Given the youth of these instruments and the related literature, economists have not yet a "ready-to-use theory" to analyze this phenomenon. Our paper aims to clear the notion of voluntary approaches and highlight its implications. Today, there is no general terminology for this type of approach, neither an agreed definition. To clarify the notion of voluntary approaches we do a review of available definitions. Our objective is to identify an array of convergent constitutive elements allowing the characterization of voluntary approaches. These constitutive elements themselves –the voluntary character and the intention to go beyond performances required by regulation- are subject to critical discussion leading to a new definition of voluntary approaches. This 1 ie. A definition does make a thing known. ie. Defining is knowing. So the right definition is it the most rare stuff. 3 In most real cases, an instrument borrows simultaneously from the three instrument generations. Nevertheless, it is possible to categoriz e a real instrument by reference to its dominant characteristics. For example, the TRI (Toxic release Inventory) is generally considered as a voluntary approach even though information provision is 2 2 definition overcomes the terminology debate and allow us to forward the basics of a refined analysis of the environmental effectiveness of voluntary approaches. We conclude our paper with some shading issues and by suggesting the possible perspectives for further research and empirical applications. 1. A review of voluntary approaches definitions in the literature The economic literature has not yet agreed on terms and definitions to substantiate voluntary approaches. Unlike economic instruments which have been designed by economists, voluntary approaches have been developed in practice under several forms. This variety is reflected in used terms and senses leading to some confusion (Table 1). Table 1 : Terms and definitions of voluntary approaches in the economic literature Designations Voluntary approaches Co-operative approaches Voluntary initiatives Voluntary commitments Voluntary instruments Non-mandatory approaches Self-regulation Definitions Authors " Voluntary commitments of the industry undertaken in order to pursue Börkey and Levêque (1998) actions leading to the improvement of the environment" " Commitments from polluting firms in improving their environmental Carraro and Levêque performances" (1999), Higley and al. (2001) "Firms' commitments to improve their environmental performance beyond Krarup (2001), Börkey and what the law strictly demands" Glachant (1999) "Voluntary commitments of regulated entities to define objectives, related to Grolleau (2002) the environment, beyond the simple compliance to regulation" "An agreement between government and industry to facilitate voluntary OCDE (1997) action with a desirable social outcome, which is encouraged by the government, to be undertaken by the participant based on the participant's self interest" "Collaboration between government and firms in devising or implementing Harisson (1999) policies" "Horizontal cooperative process in which firms are partners, even if they are Aggeri (1999) considered as polluters" "Non-statutory initiatives that aim at improving corporate environmental Labatt and Maclaren (1998) performance" Institutional arrangements in which firms play a central role" Bôrkey and Glachant (1998) "Schemes whereby firms make commitments to improve their OCDE (1999) environmental performance beyond legal requirements" "Voluntary initiatives taken by polluting firms towards environmental self- Khanna (2001) regulation as well as market-based and public pressures that create a demand for self-regulation by firms" "Voluntary association of firms to control their collective action" King and Lenox (2000) The lack of consens us on terms and their respective senses generates a little confusion. For some economists dealing with voluntary approaches there is no question (or a little bit) with the definition issue as if it goes without saying. In this paper, we opt for the following two generic terms: approach and instrument according to four reasons. First, the term approach is the most used one in the economic literature. Second, in other disciplines related to economics, e.g. law, we find the expression of voluntary instruments. Third, traditional typologies of environmental policies tools use these terms. imposed to firms. The provision is then mandated, but its use by actors, like investors, activists or insurance is 3 Fourth, the definition of instrument –"something by which we obtain a result" (Petit Robert) – or instrument –"a way to tackle a knowledge subject to the point of view or the used method" (Petit Robert) – enables the coverage of complementary aspects. For example, the instrument allows the apprehension of the fact to instrumentalize the object in order to achieve an aim, while the approach refers rather to the underlying logical allowing the object implementation. These notions of instrument and approach could be characterized by specifying the instrument designer (by whom?), the instrument user (for whom?), the target of the instrument implementation (why?), and the way to achieve the objective (how?). As mentioned in Grolleau (2002), there is a wide variety characterizing voluntary approaches. Some of them are designed by national public authorities (the government) or their supranational emanations, while others are designed by private profit actors (firms) or non-profit ones (non-governmental organizations). The voluntary approaches typologies vary lightly between authors, with a tendency to a more refined categorization, depending on agents implicated to the approach, the stage of intervention (design, implementation, enforcement) and the degree of implication of each actor. Beyond the traditional opposition of government regulator versus regulated firms, most recent typologies integrated particularly the intervention of social regulators, such as non-governmental organizations. From typologies based on the distinction firms versus governments we progressed to composite typologies including explicitly other actors such as social regulators (non-government organizations, consumer associations) and international organizations. For example, Segerson and Li (1999) suggested a typology consisting of three categories: (1) unilateral initiatives designed to reduce pollution. These initiatives could be introduced by individual or collec tive firms trying to set up standards or self regulation. A contrario, public authorities are quasi-away of these initiatives (2) the bilateral agreements between a regulatory agency and an individual firm. These agreements result from a direct negotiation between the two parties and mention the obligations for each of them (3) voluntary programs designed by a regulatory agency to induce the participation of individual firms. The regulatory agency establishes a program consisting notably of the eligibility criteria and the obligations derived from the participation. Börkey and al. (1999) distinguish four types of voluntary approaches: (1) the unilateral commitments corresponding to the environmental improvement programs established and organized by firms. Nevertheless, firms could turn to a third party to carry some stages such as the commitment control or the conflicts' settlement. (2) the private agreements between polluting organizations and victims or their representatives. (3) the negotiated agreements defined as arrangements between public authorities and industry and fixing a pollution abatement objective and a fulfillment calendar. (4) the public voluntary programs where firms choose voluntarily to join a program designed by public authorities. This program defines the conditions of individual joining, the needed requirements and the control and result evaluation terms. voluntary. 4 Although it is difficult to suggest a universal definition of voluntary approaches, two criteria allow to substantiate them: on one hand, the voluntary commitment of regulated entities in opposition to the restrictive character of regulatory and economic instruments, and, on the other hand, the definition of environmental objectives beyond the simple regulatory compliance. 2. A relative voluntary character The notion of voluntary character is used in opposition to command and control approaches that does not come within a free agreed act by regulated actors, but rather from a constraint. According to Karp and Gaulding (1995), each type of instrument refers to a particular determinant of human behavior : the fear of sanctions and penalties based on government coercive power in the case of regulatory instruments, the search of profit in the case of economic instruments, and the ethic and social responsibility in the case of voluntary instruments. In reality, the voluntary4 character could be defined under a continuum going from the free agreed initiative determined by the only will of the agent to the pseudo or the quasi-compulsory will, because of external constraints. Despite the interest of these complementary motivational underpinnings, many arguments question the notion of voluntary character. Although it is often difficult to determine the role of each factor in the decision of adoption by firms, the determinants mentioned for regulatory and economic instruments could significantly contribute to the "voluntary character" of regulated agents. For example, many studies argue that the threat of present and future regulation and the opportunity to increase profits by various ways (such as efficient gains, product differentiation or reputation) constitute significant explaining reasons for the adoption of voluntary approaches (Segerson and Miceli, 1998; Arora and Gangopadhya, 1995; Grolleau, 2002). For example, Videras and Alberini (2000), Khanna and Damon (1999) and Khanna and Anton (2001) argue that the threat of regulation motivated firms to adopt the 33/50 program. The voluntary character could also be questionneds when considering the pressures supported to some actors to adopt it. In fact, even if these pressures do not emanate from public authorities, some regulated entities are practically in the obligation to adopt voluntary approaches in order to have access to markets, to avoid social regulators pressures or to work with some decision makers. For example, in 1999, many multinational firms such as Ford or General Motors announced that all their suppliers around the world must be certified ISO 14001 by 2003 (Bansal et Bogner, 2002). These 4 The voluntary character is considered here in its most common sense referring to the adoption of the voluntary approach. In some cases the voluntary character could refer to other stages of the establishment and implementing process of approaches, which add another shadow area to the concept. 5 suppliers are thus "forced" to adopt this standard in order to keep their market share. In some situations, the impact of actions (like the encouragement of boycott or media denunciation) introduced by social regulators can affect the regulated entities profits making the adoption of voluntary approaches quasi-compulsory in order to continue doing business. This type of pressure explains partially the voluntary adoption by tinned-tuna retailers of codes that guarantee the ways of fishing contributing to dolphin preservation (Reinhardt, 2000). The preceding arguments do not refute entirely the voluntary character of the approaches, but show that it is frequently influenced by governmental and private pressures. This voluntary character refers mainly to the useless by the government of its direct constraint power. In addition to motivations coming from the own will of the firm, many external forces can push a firm to adopt a voluntary approach5. 3. Environmental performance beyond regulation ! The second constitutive element of definitions concerns the improvement of environmental performance of firms beyond regulation. This property is frequently used in the literature to ex post assess of these instruments. In fact, most empirical studies converge to show that firms achieved results under a voluntary approach are lower than ex ante objectives (Table 2). Table 2 : Main findings relative to environmental effectiveness of voluntary approaches Program 33/50 (United States) Findings Reference Voluntary initiatives do not guarantee an environmental performance Khanna and improvement. Participation to 33/50 lead to a statistically significant Damon (1999) decline of chemical emissions of 54 %, but only 28 % could be attributed to the program. ISO 14001 (United States) ISO 14001 certification improve firms' environmental performance. Russo and Harrison (2001) Responsible Care (Canada) Participants to the program improve their environmental performance more slowly than non-participants. Environmental effectiveness is a priori mediocre. For the French case, the decrease of phosphate tenure is independent from the agreement. King and Lenox (2000) Börkey and Glachant (1999) Dutch and French agreements respectively with metal industry and detergent one These results should be considered with attention. In fact, the environmental effectiveness of voluntary instruments is generally assessed with reference to three criteria. First, the objective fixed by the instrument. The ex ante effectiveness is related to the ambition of the objective and the ex post one 5 Borkey and Glachant (1998) suggested an alternative vision of the voluntary character notion : "The technical, economic and institutional context could create sufficient incentives for firms to environmental protection commitment. But looking at it very closely, the voluntary character of firms' commitment is not specific to these institutional agreements. An industrialist, facing a green-tax that modifies entrants relative prices, modifies his behavior in line favorable to environment in just voluntary way. Even with more regulatory and coercive policies, we can consider that the adjustment of the firm to 6 enables the knowledge of the objective fulfillment. The ex post effectiveness should be then questioned according to the ambition of the prior objective. Second, the regulation so that detecting to what extent the voluntary approach encourages regulated entities to fulfill environmental performances beyond regulatory compliance. The limit of this approach is that it considers that firms meet regulation, which is often reappraised by empirical studies. Third, the "business as usual" scenario, due, for example, to technological or organizational innovations which influence regulated entities environmental performance even if they are not designed for that purpose. The results obtained by Börkey and Glachant (1999) and Khanna and Damon (1999) showed that environmental improvements of detergent sector for the former and 33/50 program for the latter result from the natural progress of the concerned sectors. Concerning the detergent sector, Börkey and Glachant (1999) claimed that concentrated-product development has been decided by most producers in the middle 1980s, i.e. well before the signature of the agreement. Producers have favored the development of these products because of their lower weight and volume which make them cheaper to manufacture than standardized products. We introduce a fourth reference criterion which is the result effectively achieved by regulation and the "business as usual" scenario. In fact, a voluntary approach could improve environmental performance lower than regulatory requirements, but beyond the actual result achieved thanks to regulation. To illustrate this idea, we assume a voluntary approach and a regulation concerning the emission reduction of a given pollutant (Table 3). The regulatory objective is fixed to 30 residual pollutant units. The result effectively obtained is of only 50. This result combines the enforcement degree and the "business as usual" scenario at the considered moment. A voluntary approach is introduced announcing an objective of 20 and an effective result of only 40. This result is then lower than the regulatory objective, but higher than the regulatory result. Table 3 : Comparison of results and objectives of a voluntary approach with those obtained by a regulation and the "business as usual" scenario Regulation Residual pollutant quantity Voluntary approach Objective Result Objective Result 30 50 20 40 Thus, a voluntary approach while attaining a result which is lower than the legally binding objective could be desirable, if it enables to overcome the result obtained by regulation and the "business as usual" scenario. This situation is represented in figure 1. regulation is being fulfilling on a voluntary basis insofar as it results from a trade -off between an administrative sanction cost and the abatement one". 7 Residual pollutant quantity 70 60 Regulatory objective 50 Voluntary approach objective 40 30 Evolution of regulatory result 20 Evolution of voluntary approach result 10 0 T1 T2 Time Figure 1 : Regulation, natural progress and voluntary approach : a refined analysis of their environmental effectiveness As a whole, these elements lead us to define voluntary approaches/instruments as more or less voluntary commitments taken by regulated entities in order to improve their environmental performances beyond the actual result of regulation and taking into account the "business as usual" environmental performances. The following section proposes a simple model of a government and a firm behaviors vis-à-vis a voluntary approach corresponding to th is definition. 4. The government and the firm facing a voluntary approach: a frame analysis suggestion Following Segerson and Li (1999) and Grolleau (2002) studies, we develop in this section a simple model of the attitude of the government and a firm vis-à-vis a voluntary approach. We assume the presence of only two actors: a firm searching for a profit maximization and the government searching for an environmental result at a reasonable cost. The voluntary "fuzziness" concerning the environmental result desirable for the government and the associated costs allows the introduction of other considerations. Eventually contradictory, these considerations are likely to characterize the different elements of the government such as the desire to be reelected, the hope of handling some actors, the need of compromise between environmental requirements and the maintaining of economic activities competition or the access to more funds. Consider an initial situation with a regulatory system. The regulatory fixed ob jective is O0. We postulate that this objective O0 is higher than the effectively obtained result R 0, i.e. R0 < O0. The non- 8 achievement of the regulatory objective could be attributed to many factors such as the firm negligence and opportunism, the non-dissuasive character of sanctions or the insufficient control level. These factors as a whole could be captured by means of a probability P0 relative to the regulatory enforcement effectiveness, which is lower than 1. This probability depends not only on resources invested by the government to the enforce, but also on other parameters such as monitoring by activists or competitors likely to make the regulation enforced. From the firm point of view, this probability related to the enforcement effectiveness is an essential determinant of the probability Pp0 of loss in case of non compliance with regulation. These more or less direct losses can take various forms, such as the temporary or definitive suspension of activity, the fines likely to threat the financial viability of the firm, the deterioration of the image and the reputation of the firm, the boycott of its products or the obligation of restoring the environmental degradation. These losses could be captured by a multidimensional vector P allowing the capture of different aspects likely to occur. In the initial situation, the risk to loose is given by Pp0 * P. If P0 = 1 (P p0 = 1), then the enforcement is perfect and the regulatory objective could correspond exactly to the result found in reality. The regulatory enforcement shown by P0 generates costs to the government. Enforcement costs supported by the government are an increasing function of P0. This postulate of imperfect enforcement is largely corroborated by the empirical literature. According to prakash (2001), "one-third of major air polluters in the US have not been inspected since 1997. In ten states, more than 40 % of all Clean Water Act inspections were so-called 'reconnaissance inspections', in which inspectors were not required to get out of their cars". According to Potoski and Prakash (2002), during the period 1996-1998, less than 1 % of the 122 226 American sites subject to regulation within the three main regulatory acts –Clean Air Act, Resource Conservation and Recovery Act, Clean Water Act- have been expected for their three environmental compartments. In France, the assessing report of "Programme de Maîtrise des Pollutions d'Origine Agricole" (Pollution from Agricultural Origin Control Program) (1999, p. 26-27) precise that in some regions the probability for agricultural exploitations submitted to the "Régime des installations classées" to be well inspected is of 1 time per 658 years. This report sums up the situation in these words: "the direct control frequency is too weak, and the proportion of unpredictable controls is quasi-nil. No visited department do exception to this rule. The direct controls are generally started following neighbors complaints. This situation is to be progressed given the demand by the beginning of the year of the "Ministère de l'Aménagement du Territoire et de l'Environnement" to intensify controls in order to arrive quickly to a control rate of 5 % for the establishment submitted to authorization per year (i.e. an average of control of one time every 20 years)". 9 Under this regulation, the profit of the firm is p0 which takes into account the whole costs supported by the firm to be more or less in compliance to regulation. In fact, the firm chooses an intermediate compliance level between non-compliance at all and total compliance. The compliance level choice and then the costs C0 supported by the firm are function of P0 and P p0. The regulation could eventually generate some gains G0 notably those of efficiency allowing the waste elimination. This assumption developed by Porter (Porter and Van der Linde, 1995a; Porter and Van der Linde, 1995b) supposes that firms have inefficiencies that regulatory enacting and enforcement can contribute to its elimination. This assumption is largely criticized and it seems that reality is more nuance (Walley and Whitehead, 1994; Jaffe and al., 1995; Reinhardt, 1999). The initial situation profit is equal to the profit without regulation reduced by generated compliance costs, and added to eventual benefits, i.e. p0 = p – C0 + G0. Consider now the government and the firm behavior vis-à-vis an entirely private voluntary approach. Our objective is to identify the realistic conditions under which the government and the firm, respectively, are likely to encourage the adoption of the voluntary approach 6. The fact that this voluntary approach is entirely private, does mean that at first, its conception, implementation and enforcement are costless for the government. Although this assumption is relatively restrictive, it makes sense in the real world. The ISO 14001 standard, for example, is a voluntary initiative which compliance, implementing and enforcement costs (notably the third party certification process) can be considered as nil for some governments. In contrast, the adoption of such initiative, results with some costs Cv for the firm. Such adoption is also likely to engender varying benefits Gv, which can be difficult to measure like the efficiency gains, the easier access to human resources, the opportunity to differentiate products, the relationship improvement with public authorities, the construction of a green reputation and a good public image. These different aspects are discussed and illustrated in Grolleau (2002). This adoption is a priori likely to reinforce the public authorities enforcement effectiveness to some level Pv (Pv = P0) and symmetrically decrease the probability for the firms to support losses related to regulatory compliance (P pv = Pp0). In fact, the adoption of some voluntary approaches could bring credible guarantees concerning regulatory respect. To go back to the ISO 14001 example, many authors argued that the adoption of these environmental management systems enables adopting firms to have better knowledge of regulation and thus better respect. In addition, the third party certification could give the government an opportunity to identify the regulatory-complied firms without having to control them directly, and to use its limited resources to enforce the nonadopting actors (Steinzor, 1998; Grolleau, 2002). According to Maxwell and Lyon (1999), one reason why firms do voluntary commitments could be to signal their costly investment to regulatory 6 In reality, the government itself could be considered as a potential adopting, given the importance of its proper structures in most economies. 10 authorities in order to benefit from less controls or better attention7. In line with this idea, the environmental French Minister has clearly indicated its intention to more flexibility for firms with certified environmental management system. (Grolleau, 2002). Consider the conditions under which the government encourages the voluntary approach adoption. Compared with the initial situation, the government does not bear an supplementary cost when adopting a privately managed voluntary approach. Giving the fact that each firm is supposed to respect regulation, the objective announced by the voluntary approach should be generally (to not say always) higher than the regulat ory one, i.e. Ov > O0. We deduce, in a first approach, that the only variable likely to determine the government behavior vis-à-vis a voluntary approach is the environmental performances improvement thanks to the latter. The sufficient condition for government to encourage a voluntary approach lies in the environmental performances improvement compared with the initial situation. The result, after voluntary approach adoption, must be higher than the initial one obtained thanks to regulation and the business as usual scenario, i.e. R v > R 0 . In fact, numerous factors make firms likely to decrease their negative environmental impacts such as the diffusion of new technologies adopted for economic reasons, which have also positive repercussion on environment al performances. The preceding sufficient condition means that government could choose to encourage voluntary approach, even if Rv = O0. Although the particular nature of this case characterized by Rv > R0 and Rv = O0, it allows to nuance some studies on voluntary approaches environmental effectiveness. In fact, these studies consider the environmental effectiveness with reference to (1) the regulatory fixed objective rather than the result generated by this regulation (2) the objective defined in the voluntary approach (3) the business as usual scenario of environmental performances. Thus, some a priori disappointing results could be reinterpreted with a more right way with use of the cases distinguished above envisaging also the assessment with referenc e to (4) the results effectively achieved. Consider now the firm decision to adopt or not the voluntary approach. The adoption of voluntary approach is likely to decrease the probability for the firm to be subject of losses. Following a compliance to regulation these losses come in reducing P p0 to Ppv. As we mentioned, such adoption 7 A "misadventure" of the group Saint Gobain corroborates this idea. Following a customer desire, the environmental managers of the manufacture Wichita Falls (USA) asked EPA for an authorization to modify some details in the production process. The American administration took 6 months to answer, and Saint Gobain almost nearly lost his customer. But EPA indicated that for future,it could accept that “ firms with ISO 14001 certification don't go on the same procedures as the others and thus could react more rapidly ” (Décision Environnement, 1996). 11 generates discounted costs (like the initial cost and the voluntary approach maintaining costs) and varying benefits that we take into account in the form of multidimensional vectors, i.e. respectively Cv et Gv. Within the benefits likely to be generated by the voluntary approach, there are benefits resulting from the voluntary approach announced objective. For example, the firm could differentiate its products evoking its participation to the voluntary approach and its objective, keeping in shadow the effective results, which are a priori lower than the objective. This alternative gives firms the opportunity to indirectly do profit from being in compliance to regulation. In this context, a firm searching profit maximization will do a trade-off by choosing the option (adopt or not a voluntary approach) that maximizes its profit. The firm adopts the voluntary approach if pv > p0 or, when introducing the temporal dimension8, if T ∑π v f t =1 T ∑π 0 t =1 The annual generated gain from the adoption of the voluntary approach is [(P p0 –Ppv)P + Gv]. With r is the discount rate, the total expected benefits B v from the adoption of the voluntary approach are : ∑ (P T p0 t =1 − Pp v )P + Gv (1 + r )t The firm decision to adopt the voluntary approach is then determined by the following condition: if Bv > Cv ,then the firm invests in adopting the voluntary approach. Thanks to this simple model, we lead to conditions under which the government and the firm adopt a positive attitude vis-à-vis the voluntary approach. However, some factors can prevent the firm from adopting the voluntary approach. The following factors are largely inspired from Kunreuther et al. (2001). (1) The difficulty to assess some of the model parameters could lead actors to use simplified decision rules. For example, a firm suffering from a difficulty to assess the voluntary approach propensity to decrease its risk of non-compliance (i.e. a difficulty to assess P pv), could decide to use a simplifying decision rule by putting a threshold probability Ps. If P p0 < P*, the firm does not adopt the voluntary approach. In the contrary case, if Pp0 > P*, the firm adopts the voluntary approach. According to Kunreuther et al. (2000), the use of such rules is largely corroborated by numerous empirical studies. This difficulty also concerns the government. 8 A more refined model can also allow the determination of the optimal moment for the voluntary approach adoption, i.e. with identifying the moment when the adoption corresponds to maximum profit. 12 (2) Taking a short time horizon could encourage firms to do not adopt a voluntary approach, their decision being shaped by short term considerations. The managers' assessing performance methods can favor short term accounting. This short-sightedness comes to truncate the period T by substituting a shorter period, which generates a substantial benefits decreasing and makes the investment in voluntary approach less interesting. To illustrate, consider the case where P= 50 000 euros, Pp0 = 0,05 and Ppv = 0,01 and Bv = 500. If the annual discount rate is of 8% and the temporal horizon is of 5 years, then benefits are about 10000 euros. If the temporal horizon is of only one year, then benefits resulting from the voluntary approach are of only 2315 euros. Thus, the temporal horizon used in the decisional process could or not favor the voluntary approach adoption. (3) The limited value of firm's assets can also explain the decision to do not adopt a voluntary approach. By declaring its insolvency, the firm can deduce that the maximal amount of P is determined by the whole asset value. In the case of small firms, these latter are generally of limited amount. If the asset amount A is lower than P, firms' benefits resulting from an eventual adoption of the voluntary approach are determined by [(P p0 –Ppv)A + Gv] rather than [(P p0 –Ppv)P + Gv]. If the costs relative to the adoption are lower than [(Pp0 –Ppv)P + Gv], but higher than [(P p0 –Ppv)P + Gv], the firm could decide to do not adopt. Conclusion A review of the economic literature on voluntary approaches definitions highlighted some limits of these definitions, notably the confused terminology, the voluntary character with vague and varying outlines and the ambiguity toward the regulatory compliance. We suggested and argued in favor of some terminological choices, which allowed us to suggest a definition that goes beyond the preceding critics. A voluntary approach/instrument is a commitment from regulated agents to improve their environmental performances beyond the actual result obtained thanks to regulation and the "business as usual" scenario. These voluntary approaches could constitute "win-win" strategies likely to reinforce the efficiency and the effectiveness of public intervention, and enable firms to make good use of efforts done within the regulatory compliance frame. These potentialities should not hide the risks of perverse effects eventually generated by the commercial development of the regulatory compliance. In addition, our analysis is just in an embryonic stage and several improvements ways have to be explored. For example, our model can be refined by integrating the costs supported by the government when designing and implementing voluntary approaches, the strategic interactions within the groups of agents. Furthermore, empirical tests could allow refined effectiveness assessment of voluntary instruments, providing consequently inputs likely to guide the public action. 13 Bibliography Aggeri, F., 1999, "Environmental policies and innovation. 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