Beyond Taxonomies of Private Authority in Transnational Regulation

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Title: Beyond Taxonomies of Private Authority in Transnational Regulation
Authors: Scott, Colin
Permanent link: http://hdl.handle.net/10197/6774
Date: 2012
Abstract: The emergence of non-state actors as regulators is a key feature of contemporary transnational regulation. This article first offers an analysis of the emergent private authority in terms first of the variety of non-state actors and second the modes for exercising authority. The article argues that a complete consideration of modes of transnational private regulation (TPR) must move beyond standard setting to examine techniques of monitoring and enforcment. A normative evaluation includes consideration of the extent to which TPR advances public and/or private interests and, in the absence of a direct link to democratic governance, alternative sources for legitimacy? The article suggests that it is insufficient to legitimate TPR on the basis of expertise and the technical quality of regulatory ouputs as even more technical areas of private rule throw up evidence of a struggle of interests. Alternative and complementary modes for evaluating the legitimacy of transnational private regulation include consideration of first, the effective linkage of regimes to elected government (in mixed public-private regimes), second, the mirroring of administrative law processes within TPR regimes, and third the creation of alternative processes for building capacity for engagement, reflection and evaluation of regimes.
Type of material: Journal Article
Publisher: Washington and Lee University School of Law
Journal: German Law Journal
Volume: 13
Issue: 12
Start page: 1329
End page: 1338
Keywords: RegulationGovernanceTransnational private regulationEnforcement
Other versions: https://www.germanlawjournal.com/index.php?pageID=11&artID=1481
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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