With the globalisation of markets, the phenomenon of market failure has also been globalised. Against the backdrop of the territoriality of nation state jurisdictions and the slow progress of international law based on the principle of sovereignty this poses a serious challenge. However while the legal infrastructure of globalised markets has a firm basis in formal national and international law, the side effects of economic transactions on public goods such as the environment, human health and consumer interests often escape state-based regulation. Therefore, attention is drawn to the potential of self-regulation by transnational industry. While hypotheses abound which try to grasp this phenomenon in conceptual terms, both empirical and legal research is still underdeveloped.
This volume helps to fill this gap, in two ways: firstly by reconstructing self-regulatory settings such as multinational corporations, transnational production networks and industry-NGO partnerships in terms of organisation, problem-solving and legitimation, and secondly, by linking their empirical findings to formal law by examining how legal concepts are reflected in self-regulation, how the law builds on self-regulatory solutions, and how it helps to establish favorable conditions for private governance.
Olaf Dilling is research associate at the Collaborative Research Center 'Transformations of the State' at Bremen University. Martin Herberg is senior research fellow at the Collaborative Research Center 'Transformations of the State', Bremen University. Gerd Winter is Professor of Public Law and the Sociology of Law at the University of Bremen Department of Law. He directs the Research Center for European Environmental Law as well as a section of the Collaborative Research Center 'Transformations of the State' at the same university.
Introduction: Private Accountability in a Globalizing World Olaf Dilling, Martin Herberg and Gerd Winter Part I: Corporate Responsibility and the Law 1. Global Legal Pluralism and Interlegality. Environmental Self-Regulation in Multinational Enterprises as Global Law-Making Martin Herberg 2. Bridging the Gap - The Legal Potential of Private Regulation Carola Glinski 3. Codes of Conduct and Framework Agreements on Social Minimum Standards - Private Regulation? Eva Kocher Part II: Standards of Transnational Business Networks and the Law 4. Proactive Compliance? - Repercussions of National Product Regulation in Standards of Transnational Business Networks Olaf Dilling 5. Transnational Management of Hazardous Chemicals by Interfirm Cooperation and Associations Alexandra Lindenthal 6. The New Universe of Green Finance: From Self-Regulation to Multi-Polar Governance Oren Perez Part III: Consumer based Self-regulation and the Law 7. The Social and Technical Self-Governance of Privacy Ralf Bendrath 8. Transnational Consumer Law: Co-Regulation of B2C-E-Commerce Gralf-Peter Calliess 9. Multi-Interest Self-Governance through Global Product Certification Programs Errol Meidinger 10. State and private sector in a cooperative regulation: the Forest Stewardship Council and other product labels in Brazil Cristiane Derani and Jose Augusto Fontoura Costa Part IV. Transnational Self-governance in Perspective 11. Regulatory networks and Multi-Level global Governance Sol Picciotto