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Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety Paul Verbruggen, Assistant Professor of Global and Comparative Private Law, Tilburg Institute for Private Law, Tilburg University, the Netherlands
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.
Extent: 328 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: 2014
ISBN: 978 1 78347 684 8
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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.
‘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
Contents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews Index