Enforcement of Transnational Regulation

Edited by Fabrizio Cafaggi, Judge at the Italian Council of State, Professor of Behavioral Sciences and Public Administration, LUISS University, Italy

• Contents:PrefaceIntroduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance DesignFabrizio CafaggiPART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE1. Enforcement of Transnational Public RegulationRichard Stewart2. Enforcing Transnational Private Regulation: Models and PatternsFabrizio Cafaggi3. National Courts and Transnational Private RegulationEyal Benvenisti and George W. Downs4. Non-judicial Enforcement of Transnational Private RegulationColin Scott PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION5. Judicial Models of International Law EnforcementFrancesco Francioni6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’Ernst-Ulrich PetersmannPART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational FormKevin E. Davis8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement?Cynthia Estlund9. Financial Private Regulation and EnforcementGeoffrey P. Miller10. Transnational Private Regulation of the Internet: Different Models of EnforcementFederica Casarosa11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural FairnessPaul Verbruggen PART IV: CONCLUSION12. The Enforcement of Transnational Private Regulation: A Fictitious OxymoronSabino Cassese, Elisa D’Alterio and Maurizia De BellisIndex

‘The book is a very worthwhile compendium of analysis of different aspects of the issue. It will be useful to persons in government, universities, associations and legal practice who are involved in reflecting upon the soundness of a transnational private regulation regime, and enable them to develop a framework of analysis, evaluate best practices and engage in comparative studies.’