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Enforcing transnational private regulation a comparative analysis of advertising and food safety

'This important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.'--Colin Scott, UCD Sutherland School of Law, Ireland. 'Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.'--Hans-Wolfgang Micklitz, European University Institute, Italy. 'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.'--Julia Black, London School of Economics, UK. Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety. The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes. This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation.

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  • "'This important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.'--Colin Scott, UCD Sutherland School of Law, Ireland. 'Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.'--Hans-Wolfgang Micklitz, European University Institute, Italy. 'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.'--Julia Black, London School of Economics, UK. Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety. The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes. This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation."@en
  • "Transnational private regulation constitutes a key element in contemporary debates about regulatory governance. This PhD study examines the interplay between public and private enforcement mechanisms in ensuring compliance with transnational private standards regulating business activities between and across jurisdictions. It does so by conducting a comparative case study analysis in the issue areas of advertising and food safety. It describes the organisation and operation of private mechanisms employed to enforce transnational private regulation in these areas, assesses the interplay between these private mechanisms and public enforcement, and identifies the institutional factors that enable this interplay. On the basis of the findings of these two case studies, the study argues that public and private enforcement mechanisms of transnational private regulation operate principally as complementary means. The concept of complementarity denotes the combination of different mechanisms and activities with the purpose of enhancing regulatory outcomes. This can be achieved either by reinforcing the operation and effects of other mechanisms and activities or by compensating for their deficiencies. As the case studies demonstrate, public enforcement action, or the latent threat thereof, may effectively bolster the capacity of private mechanisms to attain rule compliance. At the same time, however, effective private enforcement mechanisms enable public enforcers to economize on the deployment of scarce enforcement resources. Several preconditions and institutional settings apply to enable forms of public-private complementarity. First, there should be a substantive overlap between the objectives and standards of public and private regulation. Second, the institutional design of public enforcement should enable public authorities exercising administrative enforcement powers to coordinate their activities with private mechanisms. Third, private enforcement should meet minimum standards of due process. Finally, public and private enforcers should design proper mechanisms of data sharing and information management to enable the adequate coordination of responses to non-compliance."@en

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  • "Electronic books"@en

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  • "Enforcing transnational private regulation : a comparative analysis of advertising and food safety"
  • "Enforcing transnational private regulation a comparative analysis of advertising and food safety"@en
  • "Enforcing transnational private regulation a comparative analysis of case studies in advertising and food safety"@en
  • "Enforcing transnational private regulation : a comparative analysis of case studies in advertising and food safety"@en