The challenge of transnational private regulation : conceptual and constitutional debates / edited by Colin Scott, Fabrizio Cafaggi, and Linda Senden.

Includes bibliographical references.

The Conceptual and Constitutional Challenge of Transnational Private Regulation / Colin Scott, Fabrizio Cafaggi, Linda Senden -- New Foundations of Transnational Private Regulation / Fabrizio Cafaggi -- Neither 'Public' nor 'Private', 'National' nor 'International' : Transnational Corporate Governance from a Legal Pluralist Perspective / Peer Zumbansen -- Paradoxes of regulating corporate capitalism : property rights and hyper-regulation / Sol Picciotto -- The Crystallization of Regulatory Norms / Donal Casey, Colin Scott -- Privatized Sovereign Performance : Regulating in the 'Gap' between Security and Rights? / Fiona de Londras -- Competition Law and Transnational Private Regulatory Regimes : Marking the Cartel Boundary / Imelda Maher -- The Meta-regulation of Transnational Private Regulation / Jacco Bomhoff, Anne Meuwese -- Public Accountability of Transnational Private Regulation : Chimera or Reality? / Deirdre Curtin, Linda Senden.

The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates presents an extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Represents the first extensive treatment of the phenomenon of transnational private regulation Offers conceptual and theoretical innovation in considering the significance of transnational private regulation and its relationship to governmental activity in hybrid regimes Analyzes constitutional issues surrounding the emergence of transnational private regulation.

There has been an exponential growth of transnational private regulatory regimes in recent years, with a corresponding increase in the complexity of legal and political implications. This book presents the first extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Building on established strands in the literature addressing 'private power' and 'public/global authority', essays explore the conceptual bases on which these distinctions have been built. Contributions from international experts analyse the influence of globalization on national legal orders, examining different regimes in the light of both vertical (private-global/public-local) and horizontal (public/private global) complementarity. Readings move beyond previous considerations of global regulation that focus on an elaboration of traditional public law modes of governance by pointing to alternatives rooted in market and community activities, and revealing the potential for reconceptualizing the effects of networks in governing network participants. This approach addresses the shift from hierarchical to heterarchic governance and recognizes the need to reconceptualize the bases of legitimacy for such regimes at both the national and supranational level.