Enforcement of Transnational Regulation

Enforcement of Transnational Regulation

This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values.

Author: Fabrizio Cafaggi

Publisher: Edward Elgar Publishing

ISBN: 9781781003732

Category: Business & Economics

Page: 379

View: 142

'Globalization pushes the boundaries of markets. Alongside the greater "goods" of transnational economic activity come the "bads" of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the susperstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' – Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement – under international law and through national courts – and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy-makers and law-makers.
Categories: Business & Economics

Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.

Author: Paul Verbruggen

Publisher:

ISBN: 1783476842

Category: Business & Economics

Page: 309

View: 811

'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.' - Julia Black, London School of Economics, UK Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.
Categories: Business & Economics

Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

This edited work addresses the different mechanisms of enforcement available for transnational private regulatory regimes.

Author: Fabrizio Cafaggi

Publisher: Edward Elgar Publishing

ISBN: 1781956006

Category: Business enterprises

Page: 320

View: 257

Enforcement of norms in the transnational domain is a key factor to ensure effectiveness of transnational private regulation. This edited book addresses the different mechanisms of enforcement available for transnational private regulatory regimes. It describes enforcement in different sectors, ranging from advertising to private security companies, from e-commerce to sports. Two horizontal chapters illustrate and explain different arbitration and certification schemes, relevant in a wide range of private regulatory areas. the empirical focus is complemented by a framework chapter which provides a comparative analysis of the different enforcement mechanisms. Enforcing Transnational Private Regulation offers a taxonomy of enforcement in existing transnational private regimes and the opportunity for structured and comprehensive investigation of broader analytical issues. It combines practical and theoretical aspects to reach out a wide readership including practitioners who are responsible for dispute resolution bodies.
Categories: Business enterprises

The Role of Certification in the Enforcement of Transnational Private Regulation

The Role of Certification in the Enforcement of Transnational Private Regulation

This paper sets out the relevance of certification for the enforcement of transnational private regulation.

Author: Paul Verbruggen

Publisher:

ISBN: OCLC:1309003718

Category:

Page: 28

View: 604

This paper sets out the relevance of certification for the enforcement of transnational private regulation. It discusses the function of certification, offers a typology of certification schemes and analyses its relationship with regulatory enforcement. To illustrate these elements, the Chapter draws on three individual certification regimes, namely those administered by the Forest Stewardship Council, GlobalG.A.P, and the Green Building Council. In conclusion, the Chapter offers valuable insights on the benefits and risks associated with the use of certification as a means of regulatory enforcement. The paper forms part of a collection of texts to be published in a Casebook detailing the enforcement of transnational private regulation.
Categories:

The Governance and Regulation of International Finance

The Governance and Regulation of International Finance

ÔThe publication of this book could hardly be more timely; it fills a gap in present-day discussion of the reasons for the recent ongoing financial crises, and who was responsible.

Author: Fabrizio Cafaggi

Publisher: Edward Elgar Publishing

ISBN: 9780857939487

Category: Business & Economics

Page: 224

View: 166

ÔThe publication of this book could hardly be more timely; it fills a gap in present-day discussion of the reasons for the recent ongoing financial crises, and who was responsible. The balance between the governance and regulation of the international finance market underpins how securely we proceed into the future. At a time when sovereign defaults dominate public discussion, this issue is of quintessential importance. The editors are to be congratulated for this important publication.Õ Ð Christoph Paulus, Humbolt University of Berlin, Germany This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008Ð2009. It focuses on the ÔprivateÕ as opposed to ÔpublicÕ aspect of regulation, and highlights the works of the publicÐprivate dialectic in regulation and enforcement. The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement? Illustrating the works of the publicÐprivate dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.
Categories: Business & Economics

Generic Top Level Domains

Generic Top Level Domains

This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet.

Author: Tobias Mahler

Publisher: Edward Elgar Publishing

ISBN: 9781786435149

Category:

Page: 304

View: 325

This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.
Categories:

The Future of Transnational Self Regulation Enforcement and Compliance in Professional Services

The Future of Transnational Self Regulation    Enforcement and Compliance in Professional Services

The increased expansion of economic activity beyond national borders leads to a shift of regulatory power.

Author: Panos Delimatsis

Publisher:

ISBN: OCLC:1304459520

Category:

Page: 69

View: 959

The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational institutional structures. This article examines such developments in the area of professional services. It starts by analyzing the self-regulation phenomenon in professional services and points to examples where professional associations accentuate their unique nature to justify the importance of nonintervention in their internal affairs. Powerful professional associations have been thereby created, which, depending on the services subsector (e.g. legal, engineering or advertising services), are the final masters of access to and practice of a given profession. After a critical review of the most important professional associations at the global level, the article focuses on instances of private enforcement and goes on to examine the role of courts in reviewing such enforcement. In this regard, constitutionality of private enforcement is also examined. Finally, the article refers to the role of antitrust rules in harnessing distortive business practices that professional associations may adopt. The article focuses in particular on instances of private, decentralized enforcement. Whereas no truly transnational private regulation in professional services has yet emerged, it is submitted that the foundations for such a development are being built progressively as a result of borderless activities in this sector and a relatively deferential stance on the side of the State.
Categories:

International Regulatory Co operation Case Studies Vol 3 Transnational Private Regulation and Water Management

International Regulatory Co operation  Case Studies  Vol  3 Transnational Private Regulation and Water Management

This volume complements the stocktaking report on International Regulatory Co-operation: Rules for a Global World by providing evidence on regulatory co-operation in the area of transboundary water management and through the fast ...

Author: OECD

Publisher: OECD Publishing

ISBN: 9789264200524

Category:

Page: 104

View: 260

This volume complements the stocktaking report on International Regulatory Co-operation: Rules for a Global World by providing evidence on regulatory co-operation in the area of transboundary water management and through the fast development of transnational private regulation.
Categories:

Private Regulation and Enforcement in the EU

Private Regulation and Enforcement in the EU

This book investigates the trust vested in private actors from the perspective of European citizens.

Author: M. de Cock Buning

Publisher:

ISBN: 1509919554

Category: Actions and defenses

Page:

View: 701

Globalisation and technological innovation have been fueling the need for more and more trust in private actors, such as companies or special interest groups, in regulating and enforcing significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertisement and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question whether private actors live up to citizens' expectations or more should be done as to the safeguards of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement is embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context, which, unlike the national and transnational ones, has not been widely explored yet. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book therefore adds another missing tile to the mosaic of public-private governance studies
Categories: Actions and defenses

Private Regulation and Enforcement in the EU

Private Regulation and Enforcement in the EU

The EU legal framework thus acknowledges the importance of 'enforced self-regulation' and allows national authorities to calibrate their ... P Verbruggen, Enforcing Transnational Private Regulation (Cheltenham, Edward Elgar, 2014) 214.

Author: Madeleine de Cock Buning

Publisher: Bloomsbury Publishing

ISBN: 9781509919543

Category: Law

Page: 600

View: 690

Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Categories: Law