The Conceptual and Constitutional Challenge of Transnational Private Regulation

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Title: The Conceptual and Constitutional Challenge of Transnational Private Regulation
Authors: Scott, Colin
Cafaggi, Fabrizio
Senden, Linda
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Date: Mar-2011
Abstract: Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legitimating governance activity, we note there are also other mechanisms including proceduralization and potentially also judicial accountability. But these public law forms do not exhaust the set of such mechanisms, and we consider also the contribution of private law forms and social and competitive structures which may support forms of legitimation. The central challenge identified concerns the possibility of reconceptualizing the global public sphere so as better to embrace TPR regimes in their myriad forms, so that they are recognized as having similar potential for legitimacy as national and international governmental bodies and regulation.
Type of material: Journal Article
Publisher: Wiley
Copyright (published version): 2011 the Author and Cardiff University Law School
Keywords: RegulationTransnational governancePrivate regulation
DOI: 10.1111/j.1467-6478.2011.00532.x
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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