The Role of Certification in the Enforcement of Transnational Private Regulation

AbstractFollowing the proliferation of private standards in the global supply chain trade, it has become clear that these can have adverse effects on international commerce and world welfare in the same way that government-imposed mandatory regulations do. However, the scope of the obligation of WTO Members in relation to the regulation of private standards remains vague and open to divergent interpretations under WTO law. This article starts from the premise that the debate should move beyond the search for a reasonable interpretation of relevant WTO disciplines and instead begin to consider normative questions concerning the legitimacy and accountability of transnational private regulation in global governance and the potential role of the WTO in regulating such private authority. The article explores what justifies the role of the WTO, a multilateral intergovernmental organization, in regulating transnational private standards and how a regulatory mechanism might be designed and implemented in practice.

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Can Technological Innovations Improve Private Regulation in the Global Economy?

Business and Politics ◽

10.2202/1469-3569.1323 ◽

2010 ◽

Vol 12 (3) ◽

pp. 1-39 ◽

Cited By ~ 25

Author(s):

Graeme Auld ◽

Benjamin Cashore ◽

Cristina Balboa ◽

Laura Bozzi ◽

Stefan Renckens

Keyword(s):

Global Economy ◽

Analytical Framework ◽

Regulatory Compliance ◽

Comparative Case Study ◽

Technological Innovations ◽

Private Regulation ◽

Case Study Analysis ◽

Certification Programs ◽

Regulatory Bodies

Those supplying private regulation in the global economy face two fundamental challenges if they are to ameliorate the problems for which they create these systems: targets must conform to, while demanders must have proof of, regulatory compliance. This paper explores an important area absent from assessments as to whether, when, and how, private regulatory bodies are successful in improving behavior and rewarding compliant firms: the role of technological innovations. Employing an inductive, comparative case study analysis, we offer an analytical framework that distinguishes technological innovations that improve tracking mechanisms from innovations that directly improve on-the-ground performance. We illustrate the utility of the analytical framework through an assessment of technological innovations in shaping “non-state market driven” global certification programs governing forestry, fisheries, coffee, e-waste, and climate.

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Governance, Sovereignty and Globalisation

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v28i3.6065 ◽

1998 ◽

Vol 28 (3) ◽

pp. 477

Author(s):

Kenneth J Keith

Keyword(s):

International Law ◽

Trade Unions ◽

Public Involvement ◽

Main Theme ◽

Nation State ◽

Private Regulation ◽

Public And Private ◽

International Activity ◽

Biennial Conference

The 5th Biennial Conference of the NZ Council of Trade Unions had as its main theme "The Next Decade - Te Takau Heke Iho". In his address to that conference Sir Kenneth Keith spoke about the end of democracy and of the nation state. Sir Kenneth discussed the role of international law in globalisation, and the transformation of the organisation of public powers. Key areas of international activity were examined and options for regulation were proposed, including public and private regulation. Sir Kenneth noted the need for greater dissemination of information on international rules and treaties, including public involvement during treaty negotiation. Finally, Sir Kenneth discussed implementation concluding that a mixture of national and international methods of implementation may be most appropriate. The speech is reproduced here.

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The Role of Transnational Private Regulation in Mitigating Artificial Intelligence Risks

SSRN Electronic Journal ◽

10.2139/ssrn.3594399 ◽

2020 ◽

Author(s):

Martijn Scheltema

Keyword(s):

Artificial Intelligence ◽

Private Regulation

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Internationale Transformationen des Staates

PROKLA Zeitschrift für kritische Sozialwissenschaft ◽

10.32387/prokla.v37i147.519 ◽

2007 ◽

Vol 37 (147) ◽

pp. 251-272

Author(s):

Sol Picciotto

Keyword(s):

Public Sphere ◽

Regulatory Networks ◽

The State ◽

Soft Law ◽

Private Regulation ◽

The Public ◽

Role Of The State ◽

Multi Level ◽

The Public Sphere

The privatization of state-owned assets and the reduction of direct state economic intervention have not led to a reduced role of the state but to changes in its form, involving new types of formalized regulation, the fragmentation of the public sphere, the decentring of the state and the emergence of multi-level governance. This has been complemented by the increased salience of ‘private’ regulation. Despite talk of deregulation there has been extensive reregulation, and the emergence of global regulatory networks, intermingling the public and the private. The transition from government to governance means a lack of a clear hierarchy of norms, a blurring of distinctions between hard and soft law, and a fragmentation of public functions entailing a resurgence of technocracy.

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Religion, custom and gender: marital law reform in South Africa

International Journal of Law in Context ◽

10.1017/s1744552313000128 ◽

2013 ◽

Vol 9 (3) ◽

pp. 386-410

Author(s):

Catherine Albertyn

Keyword(s):

South Africa ◽

Customary Law ◽

Law Reform ◽

Private Regulation ◽

Religious Law ◽

Private Power ◽

Legal Outcomes ◽

And Gender ◽

Legal Processes

AbstractThis article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural and religious recognition without undermining the rights of women. It examines how the different processes of cultural/religious law reform in South Africa have become sites of struggle over the meaning of collective and individual identity, public/private power, citizenship and rights, and gender and democracy, and how particular sociopolitical conditions, ideological struggles and overarching conflicts and interests have shaped each process of law reform. Thus it distinguishes between the ideal and the possible, the normative and the strategic, in law reform. It notes the conditions under which the incomplete process of recognition of Muslim marriage law has seen a greater deference to religious norms and private regulation than customary law reform, which saw a greater institutionalisation of gender equality norms. The article concludes by emphasising the open-ended nature of legal processes, the possibilities of using courts to challenge ongoing inequalities in religion and custom, and the ever-present role of politics in legal outcomes.

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Inside the Velvet Glove: Sustaining Private Regulatory Institutions Through Hollowing and Fortifying

Organization Science ◽

10.1287/orsc.2021.1537 ◽

2021 ◽

Author(s):

Sean Buchanan ◽

Michael L. Barnett

Keyword(s):

Mining Industry ◽

Private Regulation ◽

Trade Associations ◽

Compliance Costs ◽

High Compliance ◽

Institutional Stability ◽

External Conditions ◽

Regulatory Institutions ◽

Institutional Maintenance

The forces that threaten to break apart private regulatory institutions are well known, but the forces that sustain them are not. Through a longitudinal inductive study of the Toward Sustainable Mining (TSM) program in the Canadian mining industry, we demonstrate how private regulatory institutions are sustained by strategically manipulating different aspects of an institution’s stringency. Our findings show how shifts in external conditions decreased benefits of participation for firms, triggering institutional destabilization. We demonstrate how the interdependent mechanisms of hollowing—actions that ratchet down aspects of stringency associated with high compliance costs—and fortifying—actions that ratchet up aspects of stringency associated with low compliance costs—worked together to stabilize the institution by rebalancing the competing pressures that underpin it. However, these same mechanisms can hinder the ability of these institutions to substantively address the targeted issues, even as they become more stringent in some areas. Our study advances research on private regulation by showing how different aspects of stringency can be simultaneously ratcheted up and ratcheted down to sustain private regulatory institutions. Further, in positioning institutional stability as an ongoing negotiation, we elucidate the key custodial role of governing organizations like trade associations in institutional maintenance.

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