Ensuring Compliance in a Global World
Edited by Fabrizio Cafaggi
Chapter 1: Enforcement of Transnational Public Regulation
Richard Stewart1 I. INTRODUCTION Enforcement of transnational public regulation is a vast topic. This chapter deals with selected aspects of the subject to focus on issues that are instructive, by way of comparison and potential synergy, with the issues of private transnational regulation that are the central concern of this volume. It addresses transnational regimes established by treaties among states, by agreements among international organizations (e.g. Codex Alimentarius), or by agreements among networks of government agencies and ofﬁcials, aimed, directly or mediately, at coordinated regulation of private market actors’ conduct.2 It also considers the important role in enforcement of transnational regulatory administrative authorities established pursuant to such arrangements and the role of Global Administrative Law (GAL). Examples of the ﬁelds covered by transnational public regulation include environmental health and safety (‘EHS’), consumer protection, investment, ﬁnancial products and services, intellectual property, and competition. Generalizing across such a wide variety of regimes and ﬁelds of regulation, presenting very different circumstances and considerations, is hazardous, but I will endeavor to provide a general framework. Because I am most familiar with EHS regimes and US law, many of the examples discussed herein will be drawn from them. The chapter does not deal with arrangements among domestic or transnational agencies for mutual recognition or recognition of regulatory 1 The excellent research assistance of Kiri Mattes and helpful suggestions by Sabino Cassese and Lorenzo Casini are gratefully acknowledged. 2 While these various regimes often have different names, such as ‘international’, ‘intergovernmental’, etc., I term them...
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