Private Regulation series – serie

This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008 2009. It focuses on the 'private' as opposed to 'public' aspect of regulation, and highlights the works of the public-private dialectic in regulation and enforcement.The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement?Illustrating the works of the public-private dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.Contents: Preface 1. Private Regulation of Internationally Active Financial Services Firms 2. Private Regulation in the Credit Default Swaps Market: The Role of ISDA in the New Regulatory Scenario of CDSs 3. Private Regulation and Enforcement in Microfinance: A Multilayered and Polycentric Puzzle 4. Governing Global Payments Markets: International Payments Forum - A New Actor on the Scene 5. The Legitimacy and Accountability of the IASB as an International Standard Setter6. The Internal Ratings-based and Advanced Measurement Approaches for Regulatory Capital under the 'Basel Regime' Index

In light of the most recent EU legislative initiatives in the field and the innovative case law in Europe and North America, this timely book explores the impact of the shift from voluntary to mandatory due diligence and the sustainability challenges on global value chains. It examines how businesses, regulators, and stakeholders navigate this transition to align economic growth and liability regimes in supply chains with environmental and human rights protections.Expert authors analyze the role of industry leaders in managing supply chain sustainability, the new EU Corporate Sustainability Due Diligence Directive, its subsequent amendments in the Omnibus I package, and the integration of public and private governance tools. The regulatory multilevel system that includes international and national regulation poses daunting challenges to governance and regulation of global chains. The book addresses the legal and contractual frameworks required to enforce these obligations along supply chains based on extraterritorial administrative and judicial enforcement and stakeholder participation. Contributors underline the necessity for stronger accountability mechanisms and innovative contractual approaches to ensure compliance and sustainable development, emphasizing the need for shared responsibility along supply chains. Ultimately, they highlight how new global governance tools can enable equitable and effective action in protecting environmental and social values.Integrating legal analysis with insights from supply chain management and institutional economics, this book is a crucial read for scholars and students of private, commercial, comparative, and international law. With its in-depth analysis of legal frameworks, it also provides actionable insights for businesses, policymakers, and legal experts.

Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences.The book's conceptual framework covers the most relevant drivers of competition, including legal actors' incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy.Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers - legislator, regulator, judiciary - at both national and European levels.Contents: Foreword Preface 1. Regulatory Competition: What it is and What Remains to be Explored 2. Regulatory Competition in European Company Law 3. Regulatory Competition in European Securities Law 4. Regulatory Competition in EU Competition Law 5. Regulatory Competition in the Internal Market Bibliography Index

This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. Verbruggen

This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. Verbruggen

Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes.This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation.