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Enforcement Of Transnational Regulation

Enforcement Of Transnational Regulation Ensuring Compliance in a Global World

Author: Fabrizio Cafaggi
Publisher: Edward Elgar Publishing
ISBN: 9781781003725
Published In: April 2012
Format: Hardback , 400 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.’
– Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands

‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’
– Samuel Issacharoff, New York University, School of Law, US

This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law.

Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement – under international law and through national courts – and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising.

Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy-makers and law-makers.

Preface

Introduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance Design
Fabrizio Cafaggi

PART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE
1. Enforcement of Transnational Public Regulation
Richard Stewart

2. Enforcing Transnational Private Regulation: Models and Patterns
Fabrizio Cafaggi

3. National Courts and Transnational Private Regulation
Eyal Benvenisti and George W. Downs

4. Non-judicial Enforcement of Transnational Private Regulation
Colin Scott

PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION
5. Judicial Models of International Law Enforcement
Francesco Francioni

6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’
Ernst-Ulrich Petersmann

PART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS
7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form
Kevin E. Davis

8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement?
Cynthia Estlund

9. Financial Private Regulation and Enforcement
Geoffrey P. Miller

10. Transnational Private Regulation of the Internet: Different Models of Enforcement
Federica Casarosa

11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness
Paul Verbruggen

PART IV: CONCLUSION
12. The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron
Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis

Index

Edited by Fabrizio Cafaggi, Professor of Comparative Law and Director, Centre for Judicial Cooperation, European University Institute, Italy (on leave from the University of Trento)

Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D’Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. Verbruggen