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The Conceptual and Constitutional Challenge of Transnational Private Regulation
Author(s) -
Scott Colin,
Cafaggi Fabrizio,
Senden Linda
Publication year - 2011
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2011.00532.x
Subject(s) - legitimation , legitimacy , corporate governance , politics , accountability , global governance , transnational governance , civil society , government (linguistics) , public administration , political science , law and economics , linkage (software) , variety (cybernetics) , political economy , sociology , law , economics , linguistics , philosophy , biochemistry , chemistry , finance , artificial intelligence , computer science , gene
Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legitimating governance activity, we note there are also other mechanisms including proceduralization and potentially also judicial accountability. But these public law forms do not exhaust the set of such mechanisms, and we consider also the contribution of private law forms and social and competitive structures which may support forms of legitimation. The central challenge identified concerns the possibility of reconceptualizing the global public sphere so as better to embrace TPR regimes in their myriad forms, so that they are recognized as having similar potential for legitimacy as national and international governmental bodies and regulation.