Cassese, Sabino; D’Alterio, Elisa; De Bellis, Maurizia --- "The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron" [2012] ELECD 500; 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 12

Section Title: The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron

Author(s): Cassese, Sabino; D’Alterio, Elisa; De Bellis, Maurizia

Number of pages: 42

Extract:

12. The enforcement of transnational
private regulation: a fictitious
oxymoron
Sabino Cassese, Elisa D'Alterio and Maurizia
De Bellis1


1. THE CONCEPT OF TPR: SOME CAVEATS
The concepts used when discussing TPR are ambiguous. Four caveats are
necessary: (a) what TPR is, and, given that public­private distinction
outside state regulation is very slippery, how private it is; (b) TRP enforce-
ment terminology may be an oxymoron; (c) enforcement is a polysemous
word; (d) enforcement is not a `one-stop shopping' procedure.
(a) A definition of private regulation should be provided and just how
private TPR is should be established. There can be three answers to these
questions and all of them are featured in this book.
The first answer is the following: that TPR is fundamentally self-
regulation. In other words, private regulation is non-State, market driven
regulation.
A second answer assumes that TPR is private, but not as private as
regulation inside the State is. It is private, but remote. It is far away from the
regulatees, because the regulators are in other parts of the world, such as
Geneva, or Washington, and the like.
The third answer is that TPR is not entirely private. The public­private
distinction derives from categories traditional to State regulation of busi-
ness, while TPR is mixed: different actors, for instance governments, NGOs


1
This chapter is based on the conclusions of Professor Sabino Cassese pre-
sented at the Workshop `Enforcement of Transnational Private Regulation', at the
European University Institute, Fiesole ( ...