Table of Contents

Enforcement of Transnational Regulation

Enforcement of Transnational Regulation

Ensuring Compliance in a Global World

Private Regulation series

Edited by Fabrizio Cafaggi

This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law.

Chapter 2: Enforcing Transnational Private Regulation: Models and Patterns

Fabrizio Cafaggi

Subjects: law - academic, regulation and governance


Fabrizio Cafaggi1 1. INTRODUCTION In this chapter, the analysis focuses on transnational private regulation’s (TPR) enforcement and its influence on governance choices by private regulators. Enforcement of transnational regimes can refer to transnational and, to a limited extent, even to domestic litigation, where two or more disputants belong to the same jurisdiction.2 Transnational enforcement is related to three different classes of conflicts: (1) within the regulatory body; (2) among organizations performing regulatory functions in the same field; and (3) among regulators across fields.3 The focus of this book is on conflicts ‘within’ rather than ‘among’ organizations, but references to regimes’ conflicts are occasionally made. In this chapter, a relative broad functional definition of enforcement is assumed, due to its manifold functions. Enforcement of TPR contributes: (1) to designing the boundaries between different transnational regulatory regimes and their rule-making power; (2) to defining the domain and the 1 An earlier version of this chapter was originally circulated as a framing paper for the conference held at EUI in May 2010 within the HiiL project on transnational private regulation. The structure still preserves the character of issues mapping. I thank Eyal Benvenisti, Kevin Davis, Cindy Estlund and Dick Stewart for useful discussions at NYU when I visited the law school in 2009. Research and editorial assistance by Federica Casarosa and Rebecca Schmidt is gratefully acknowledged. Responsibility for the text is mine. 2 There is a growing debate on transnational litigation and how it differs from national...

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