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Verbruggen, Paul --- "Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness" [2012] ELECD 499; in Cafaggi, Fabrizio (ed), "Enforcement of Transnational Regulation" (Edward Elgar Publishing, 2012)

Book Title: Enforcement of Transnational Regulation

Editor(s): Cafaggi, Fabrizio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781003725

Section: Chapter 11

Section Title: Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness

Author(s): Verbruggen, Paul

Number of pages: 27

Extract:

11. Enforcement of transnational private
regulation of advertising practices:
decentralization, mechanisms and
procedural fairness
Paul Verbruggen1


INTRODUCTION

The proliferation of transnational private regulation (TPR) has been
viewed as a response to the absence or paucity of publicly established
norms that govern cross-border business activities (Abbott and Snidal,
2009). The promulgation and functioning of TPR has received consider-
able attention in the literature recently, in particular in terms of legitimacy
and accountability (Bernstein and Cashore, 2007; Black, 2008), whilst
monitoring and enforcement of TPR have been addressed only sparingly.
Enforcement is the Achilles heel of regulation and is an important means of
giving credibility and authority to TPR regimes.
This chapter describes the operation of TPR in the particular domain of
advertising. This has the purpose of analyzing the mechanisms through
which TPR can be enforced. In addition, it discusses the concerns these
mechanisms throw up in terms of procedural fairness. TPR of advertising
practices is a somewhat idiosyncratic case, however. First, the enforcement
takes place in relative openness, as exposure and publicity of sanctions is a
fundamental part of the industry's approach to enforcement. While this
enables relatively easy data collection, it is in stark contrast to the relative
privacy and lack of transparency surrounding the enforcement of TPR in

1
This chapter draws from the research undertaken in the case study on
`Transnational Private Regulation in Advertising' within the framework of the HiiL
Research Project on `Transnational Private Regulation: Constitutional Founda-
tions and Governance Design'. More details ...