The Conceptual and Constitutional Challenge of Transnational Private Regulation

Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firm...

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Bibliographic Details
Published in:Journal of law and society 2011-03, Vol.38 (1), p.1-19
Main Authors: Scott, Colin, Cafaggi, Fabrizio, Senden, Linda
Format: Article
Language:English
Subjects:
Accountability
Advertising restrictions
College admission
Commercial regulation
Competition
Disengagement
Economic regulation
Globalization
Governance
Government Regulation
Industrial regulation
International governance
International law
International trade
Judicial behaviour
Law
Law schools
Legitimacy
Legitimation
Non-governmental organizations
Nongovernmental Organizations
Politics
Privacy rights
Private sector
Public Sphere
Regulation
Transnationalism
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Summary:Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legitimating governance activity, we note there are also other mechanisms including proceduralization and potentially also judicial accountability. But these public law forms do not exhaust the set of such mechanisms, and we consider also the contribution of private law forms and social and competitive structures which may support forms of legitimation. The central challenge identified concerns the possibility of reconceptualizing the global public sphere so as better to embrace TPR regimes in their myriad forms, so that they are recognized as having similar potential for legitimacy as national and international governmental bodies and regulation.
ISSN:0263-323X
1467-6478
DOI:10.1111/j.1467-6478.2011.00532.x