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Cafaggi, Fabrizio --- "Enforcing Transnational Private Regulation: Models and Patterns" [2012] ELECD 490; 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 2

Section Title: Enforcing Transnational Private Regulation: Models and Patterns

Author(s): Cafaggi, Fabrizio

Number of pages: 56

Extract:

2. Enforcing transnational private
regulation: models and patterns
Fabrizio Cafaggi1


1. INTRODUCTION

In this chapter, the analysis focuses on transnational private regulation's
(TPR) enforcement and its influence on governance choices by private
regulators. Enforcement of transnational regimes can refer to transnational
and, to a limited extent, even to domestic litigation, where two or more
disputants belong to the same jurisdiction.2
Transnational enforcement is related to three different classes of con-
flicts: (1) within the regulatory body; (2) among organizations performing
regulatory functions in the same field; and (3) among regulators across
fields.3 The focus of this book is on conflicts `within' rather than `among'
organizations, but references to regimes' conflicts are occasionally made.
In this chapter, a relative broad functional definition of enforcement is
assumed, due to its manifold functions. Enforcement of TPR contributes:
(1) to designing the boundaries between different transnational regulatory
regimes and their rule-making power; (2) to defining the domain and the

1
An earlier version of this chapter was originally circulated as a framing paper
for the conference held at EUI in May 2010 within the HiiL project on transnational
private regulation. The structure still preserves the character of issues mapping. I
thank Eyal Benvenisti, Kevin Davis, Cindy Estlund and Dick Stewart for useful
discussions at NYU when I visited the law school in 2009. Research and editorial
assistance by Federica Casarosa and Rebecca Schmidt is gratefully acknowledged.
Responsibility for the text is mine.
2
There is a growing debate on transnational ...