Enforcement of Transnational Public Regulation

Abstract

This essay provides an overview of enforcement mechanisms and issues in transnational public regulation. Regimes of transnational regulation (environment, finance, security, intellectual property, etc.) established by states and networks of domestic government officials use a variety of regulatory instruments, including economic incentives. Lack of consistent enforcement undermines the efficacy of these regimes. The paper examines legal remedies, including those provided by Global Administrative Law, that may be asserted against domestic and international administrative bodies in order to address enforcement gaps in transnational regulation. These include remedies invoked by the beneficiaries of regulatory regime to promote enforcement and regulatory protection by such bodies.