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 12: The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron

Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis

Subjects: law - academic, regulation and governance


JOBNAME: Cafaggi PAGE: 3 SESS: 7 OUTPUT: Thu Mar 29 15:10:36 2012 12. The enforcement of transnational private regulation: a fictitious oxymoron Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis1 1. THE CONCEPT OF TPR: SOME CAVEATS The concepts used when discussing TPR are ambiguous. Four caveats are necessary: (a) what TPR is, and, given that public–private distinction outside state regulation is very slippery, how private it is; (b) TRP enforcement terminology may be an oxymoron; (c) enforcement is a polysemous word; (d) enforcement is not a ‘one-stop shopping’ procedure. (a) A definition of private regulation should be provided and just how private TPR is should be established. There can be three answers to these questions and all of them are featured in this book. The first answer is the following: that TPR is fundamentally selfregulation. In other words, private regulation is non-State, market driven regulation. A second answer assumes that TPR is private, but not as private as regulation inside the State is. It is private, but remote. It is far away from the regulatees, because the regulators are in other parts of the world, such as Geneva, or Washington, and the like. The third answer is that TPR is not entirely private. The public–private distinction derives from categories traditional to State regulation of business, while TPR is mixed: different actors, for instance governments, NGOs 1 This chapter is based on the conclusions of Professor Sabino Cassese presented at the Workshop ‘Enforcement of Transnational...

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