Enforcement of Transnational Public Regulation
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Description
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. 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 equivalence. Because of the EC’s distinctive supranational legal and administrative structure, it does not treat the EC as a transnational regulatory regime. It does not deal with transnational liability regimes providing compensation for harms caused by private actors, although these may certainly have strong regulative effects. The chapter also does not address transnational application of one country’s regulatory or liability laws (including laws that may be based or are claimed to be based on global regulatory norms) to activities or actors abroad. Further, the chapter does not systematically address relations between transnational public regulation and transnational private regulation, including co-regulation and hybrid, nested, or coordinated public and private regimes, and the various ways in which they may be regarded as complements or substitutes.
Source Publication
Enforcement of Transnational Regulation: Ensuring Compliance in a Global World
Source Editors/Authors
Fabrizio Cafaggi
Publication Date
2012
Recommended Citation
Stewart, Richard B., "Enforcement of Transnational Public Regulation" (2012). Faculty Chapters. 1690.
https://gretchen.law.nyu.edu/fac-chapt/1690
