Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety

Private Regulation series

Paul Verbruggen

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.

Chapter 1: Introduction: transnational private regulation and the challenge of enforcement

Paul Verbruggen

Subjects: law - academic, regulation and governance

Extract

Transnational private regulation has increasingly been recognised as a significant aspect of regulatory governance. Across a multitude of policy domains private, non-state actors have deployed their capacities to regulate business activities between and across jurisdictions. They have done so either in the absence of or in coordination with international governance arrangements involving states. This development, which is widely associated with processes of globalisation, adds to an ever more complicated picture of governance, one in which state and non-state actors interact in ‘complex, fluid and multi-dimensional’ ways. Indeed, the capacity to steer and influence transnational business is dispersed among public and private actors, resulting in a transnational regulatory space that is occupied by states, firms and non-governmental organisations (NGOs).