Measuring the effectiveness of transnational private regulation

Abstract

Trans-national private regulation has become a prominent form of rulemaking in several domains, from advertising to financial services, food safety and environmental regulation, with alternate fortune so far. In some cases, private regulation emerges spontaneously, independently of any legislative or policy initiative. This report takes stock of the activities performed within the HIIL project on “Transnational private regimes – Constitutional Foundations and governance design”, and proposes a toolkit for the analysis of the effectiveness of private regulatory organizations from the standpoint of their members as well as society as a whole. The report aims to contribute to the current debate on the use of ex ante impact assessment and ex post evaluation of private regulatory schemes by academics, private regulatory organizations, non-governmental organizations and governments.