Download or read book Enforcement of Transnational Regulation written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Enforcing Transnational Private Regulation written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2013-11-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enforcing Transnational Private Regulation written by Paul Verbruggen and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes. This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation.
Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Comparative Analysis of Transnational Private Regulation written by Fabrizio Cafaggi and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational private regulation (TPR) is a growing phenomenon. It creates new markets and dissolves old ones. TPR contributes to the regulation of existing markets, it increases the protection of fundamental rights and it enables or disables communities to participate in global rule making. The standing of TPR and its role regulatory control continues to grow. TPR presents new characteristics departing from more conventional forms of domestic self-regulation. It reflects a transfer of regulatory power from the domestic to the transnational and from the public to the private sphere with significant distributional consequences. The Report addresses the development of transnational private regulation in three macro-areas: financial markets, consumer protection and fundamental rights. It encompasses 11 case studies focusing on four dimensions: legitimacy, quality, effectiveness and enforcement.
Download or read book The Role of Certification in the Enforcement of Transnational Private Regulation written by Paul Verbruggen and published by . This book was released on 2013 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Challenge of Transnational Private Regulation written by Colin Scott and published by Wiley-Blackwell. This book was released on 2011-04-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates presents an extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Represents the first extensive treatment of the phenomenon of transnational private regulation Offers conceptual and theoretical innovation in considering the significance of transnational private regulation and its relationship to governmental activity in hybrid regimes Analyzes constitutional issues surrounding the emergence of transnational private regulation
Download or read book Private Regulation and Enforcement in the EU written by M. de Cock Buning and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Generic Top Level Domains written by Tobias Mahler and published by Edward Elgar Publishing. This book was released on 2019 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Future of Transnational Self Regulation Enforcement and Compliance in Professional Services written by Panos Delimatsis and published by . This book was released on 2018 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transnational Environmental Regulation and Governance written by Veerle Heyvaert and published by Cambridge University Press. This book was released on 2018-11-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the meaning of environmental regulation in an era of transnational cooperation for sustainability.
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Case Study Report written by Paul Verbruggen and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents the case study on transnational private regulation in the advertising industry as part of the research project 'Private Transnational Regulation: Constitutional Foundations and Governance Design,' funded by the Hague Institute for the Internationalization of Law (HiiL). The principle aim of this case study was to map the emergence and governance of existing transnational private regulatory regimes in the advertising industry and evaluate their success and failures in terms of legitimacy, enforcement, quality and effectiveness. To this end, the rapport builds on the General Case Study Template designed by the coordinators of the research project and engages in empirical analysis of existing regulatory regimes in the advertising industry.
Download or read book Transnational Private Governance and its Limits written by Jean-Christophe Graz and published by Routledge. This book was released on 2007-09-12 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
Download or read book Rules Without Rights written by Tim Bartley and published by Oxford University Press. This book was released on 2018 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about what it really means when companies claim to be promoting sustainability and fairness in their global operations.
Download or read book The Oxford Handbook of Regulation written by Robert Baldwin and published by OUP Oxford. This book was released on 2012-07-19 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.
Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.
