Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Stewart, Richard --- "Enforcement of Transnational Public Regulation" [2012] ELECD 489; in Cafaggi, Fabrizio (ed), "Enforcement of Transnational Regulation" (Edward Elgar Publishing, 2012)

Book Title: Enforcement of Transnational Regulation

Editor(s): Cafaggi, Fabrizio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781003725

Section: Chapter 1

Section Title: Enforcement of Transnational Public Regulation

Author(s): Stewart, Richard

Number of pages: 34

Extract:

1. Enforcement of transnational public
regulation
Richard Stewart1


I. INTRODUCTION
Enforcement of transnational public regulation is a vast topic. This chapter
deals with selected aspects of the subject to focus on issues that are
instructive, by way of comparison and potential synergy, with the issues of
private transnational regulation that are the central concern of this volume.
It addresses transnational regimes established by treaties among states, by
agreements among international organizations (e.g. Codex Alimentarius),
or by agreements among networks of government agencies and officials,
aimed, directly or mediately, at coordinated regulation of private market
actors' conduct.2 It also considers the important role in enforcement of
transnational regulatory administrative authorities established pursuant to
such arrangements and the role of Global Administrative Law (GAL).
Examples of the fields covered by transnational public regulation include
environmental health and safety (`EHS'), consumer protection, investment,
financial products and services, intellectual property, and competition.
Generalizing across such a wide variety of regimes and fields of regulation,
presenting very different circumstances and considerations, is hazardous,
but I will endeavor to provide a general framework. Because I am most
familiar with EHS regimes and US law, many of the examples discussed
herein will be drawn from them.
The chapter does not deal with arrangements among domestic or trans-
national agencies for mutual recognition or recognition of regulatory


1
The excellent research assistance of Kiri Mattes and helpful suggestions by
Sabino Cassese and Lorenzo Casini are gratefully acknowledged.
2
While these various regimes often have different names, ...