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Transnational Law

Transnational Business Governance Interactions Working Papers

Private regulation

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Interactions, Iteration And Early Institutionalization: Competing Lessons Of Globalgap’S Legitimation, Donal Casey Jan 2019

Interactions, Iteration And Early Institutionalization: Competing Lessons Of Globalgap’S Legitimation, Donal Casey

Transnational Business Governance Interactions Working Papers

Since its inception, GLOBALGAP has transformed from an informal grouping of retailers into a highly elaborate regulatory organisation. This chapter critically examines GLOBALGAP’s development. I argue that, through an iterative process of legitimation, actual and anticipated interactions with state, market and civil society actors led GLOBALGAP to develop structures, practices and processes that sought to enhance representation and participation of structurally weaker parties such as smallholders, whilst also addressing concerns relating to the exclusionary effect of its standards. I tease out how, as non-state regulatory organisations emerge and develop, they respond to actual and anticipated governance interactions in order to …


The Architecture Of Transnational Private Regulation, Fabrizio Cafaggi Jan 2012

The Architecture Of Transnational Private Regulation, Fabrizio Cafaggi

Transnational Business Governance Interactions Working Papers

Conflicting interests among private actors constitute an important factor to explain why and how transnational private regulation has grown and the proliferation of standards and standard setting organizations that has followed. This essay provides a map of transnational regulatory space suggesting that the different levels are related to various governance responses to conflicts within the private sphere and between private and public actors.Three levels of the global regulatory space are considered: (1) the single global regulatory body, where interests are integrated into one organization, (2) the regime, in which multiple organizations operate, regulating within the same policy field, (3) multiple …


Emerging Private Governance: The Challenges Of Choosing A Policy Focus, Graeme Auld Jan 2012

Emerging Private Governance: The Challenges Of Choosing A Policy Focus, Graeme Auld

Transnational Business Governance Interactions Working Papers

Across sectors of the global economy, private governance has emerged as a new instrument for addressing pressing social and environmental problems. Although better suited for tackling the challenge of reaching agreements among states to address problems transcending national borders, these initiatives create new boundaries based on what problems they choose to focus on and which actors they choose to regulate – that is, the different policy foci of individual programs. Specialization is not inherently problematic. Private governance can focus attention on the problems of a single-issue area and build capacity among actors to resolve its problems, but equally a particular …