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 11: Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness

Paul Verbruggen

Subjects: law - academic, regulation and governance


Paul Verbruggen1 INTRODUCTION The proliferation of transnational private regulation (TPR) has been viewed as a response to the absence or paucity of publicly established norms that govern cross-border business activities (Abbott and Snidal, 2009). The promulgation and functioning of TPR has received considerable attention in the literature recently, in particular in terms of legitimacy and accountability (Bernstein and Cashore, 2007; Black, 2008), whilst monitoring and enforcement of TPR have been addressed only sparingly. Enforcement is the Achilles heel of regulation and is an important means of giving credibility and authority to TPR regimes. This chapter describes the operation of TPR in the particular domain of advertising. This has the purpose of analyzing the mechanisms through which TPR can be enforced. In addition, it discusses the concerns these mechanisms throw up in terms of procedural fairness. TPR of advertising practices is a somewhat idiosyncratic case, however. First, the enforcement takes place in relative openness, as exposure and publicity of sanctions is a fundamental part of the industry’s approach to enforcement. While this enables relatively easy data collection, it is in stark contrast to the relative privacy and lack of transparency surrounding the enforcement of TPR in 1 This chapter draws from the research undertaken in the case study on ‘Transnational Private Regulation in Advertising’ within the framework of the HiiL Research Project on ‘Transnational Private Regulation: Constitutional Foundations and Governance Design’. More details on the case study and broader research project can be found on the project’s website: 302 Columns...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information