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Beyond Taxonomies of Private Authority in Transnational Regulation
Scott, Colin
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. Hague Institute for the Internationalization of Law (Hiil) Deposited by bulk import
Keyword(s): Regulation; Governance; Transnational private regulation; Enforcement
Publication Date:
2015
Type: Journal article
Peer-Reviewed: Unknown
Language(s): English
Institution: University College Dublin
Publisher(s): Washington and Lee University School of Law
First Indexed: 2015-08-12 05:35:16 Last Updated: 2018-10-11 15:31:32