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Transnational Private Regulation and the Governance of the Environment

Transnational Private Regulation and the Governance of the Environment. ICEL/EPA Conference on Environmental Regulation and Enforcement 18 October 2012 Colin Scott University College Dublin. Feedback (information gathering). Norms (standard-setting). Transnational Private Regulation.

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Transnational Private Regulation and the Governance of the Environment

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  1. Transnational Private Regulation and the Governance of the Environment ICEL/EPA Conference on Environmental Regulation and Enforcement 18 October 2012 Colin Scott University College Dublin

  2. Feedback (information gathering) Norms (standard-setting) Transnational Private Regulation Correction (behaviour modification)

  3. Modelling and Evaluating TPR for Environmental Governance B Rules Monitoring Enforcement Eg boycotts buycotts Legislation Contract Social/market pressures/ contracts A C D standards Self- Regulation Eg CSR employment contracts Contract - supply chains - audit and assurance A – Firm B – Government (agency and/or department) OR Trade Association OR NGO C – Contracting Party (firm or government) D – Third parties – eg employees, NGOs, investors

  4. Evaluation Legitimacy Mirroring of Public Proceduralization Transparency Inclusiveness, etc OR mixing market incentives with public models? Effectiveness Scope of Private Regulation Outcomes Quality Reflection and Evaluation –eg ISEAL Benchmarking – eg grievance handling processes Enforcement Providing reassurance /credibility Public oversight Self-reporting Compliance programmes and third party assurance Enforceable consumer and employee rights How to provide reassurance/credibility around monitoring and enforcement processes? Asserting expertise and detachment as per non-majoritarian public governance OR Devising less responsive regimes with credibility based on stringency? Overall a quest for building new architectures of control or learning?

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