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Transnational Private Regulation and the Governance of the Environment

This conference explores the role of transnational private regulation in governing environmental issues, focusing on norms, behavior correction, monitoring, enforcement, and effectiveness. It delves into the importance of self-regulation, legitimacy, transparency, and inclusiveness, examining the impact of mixing market incentives with public models. The event seeks to evaluate the quality and outcomes of private regulation and enforcement mechanisms, emphasizing the provision of reassurance and credibility through public oversight, self-reporting, and compliance programs. Participants will discuss strategies for building new architectures of control and learning in the realm of environmental governance.

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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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