A Comparative Analysis of Advertising and Food Safety
Private Regulation series
Chapter 9: Comparative analysis
The case studies of the domains of advertising and food safety revealed considerable variation in the institutional design of enforcement of transnational private regulation. This chapter compares the models and patterns of the private enforcement mechanisms in the two domains, analyses the relationship of these mechanisms with public enforcement and discusses the findings of the case studies in the light of theoretical understandings about the interplay between public and private actors in regulatory enforcement. It uses these findings to inductively identify the circumstances and institutional settings in which public administrative enforcement is likely to complement and strengthen private enforcement mechanisms for transnational private regulation, and highlight the roles that courts play in the enforcement of transnational private regulation.
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