ICEL/EPA Conference on Environmental Regulation and Enforcement 18 October 2012 Colin Scott University College Dublin
Transnational Private Regulation Feedback (information gathering) Correction (behaviour modification) Norms (standard- setting)
A B 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 Rules Monitoring Enforcement Legislation Contract C standards Contract - supply chains - audit and assurance Self- Regulation Eg CSR employment contracts D Social/market pressures/ contracts Eg boycotts buycotts Modelling and Evaluating TPR for Environmental Governance
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?