Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards
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Tim Bartley
The implementation of transnational standards — in codes of conduct, certification, and monitoring initiatives — necessarily intertwines with domestic law and other types of rules. Yet much of the existing literature overlooks or obscures this fundamental point. Indeed, scholars often err either by treating private regulatory standards as transcendent or by viewing implementation as fundamentally a technical problem. This Article argues that understanding the operation of transnational private regulation requires attention to the layering of multiple rules (and the politics surrounding them) in a given location. It develops a framework for examining this layering and illustrates it by briefly looking at two major issues—community rights in sustainable forestry standards and freedom of association in fair labor standards — and their implementation in Indonesia. In various ways, these domains illustrate how conflict and complementarity between public and private standards structure the practice of private regulation.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Introduction
- Transnational Labor Regulation and the Limits of Governance
- Global Justice, Labor Standards and Responsibility
- In Defense of Soft Law and Public-Private Initiatives: A Means to an End? -- The Malaysian Case
- Private Environmental Governance in Hard Times: Markets for Virtue and the Dynamics of Regulatory Change
- Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards
- Private Environmental Governance as Ensemble Regulation: A Critical Exploration of Sustainability Indexes and the New Ensemble Politics
- The Efficacy of Regulation as a Function of Psychological Fit: Reexamining the Hard Law/Soft Law Continuum
- Signaling Virtue? A Comparison of Corporate Codes in the Fields of Labor and Environment
- The ISO 26000 International Guidance Standard on Social Responsibility: Implications for Public Policy and Transnational Democracy
Articles in the same Issue
- Article
- Introduction
- Transnational Labor Regulation and the Limits of Governance
- Global Justice, Labor Standards and Responsibility
- In Defense of Soft Law and Public-Private Initiatives: A Means to an End? -- The Malaysian Case
- Private Environmental Governance in Hard Times: Markets for Virtue and the Dynamics of Regulatory Change
- Transnational Governance as the Layering of Rules: Intersections of Public and Private Standards
- Private Environmental Governance as Ensemble Regulation: A Critical Exploration of Sustainability Indexes and the New Ensemble Politics
- The Efficacy of Regulation as a Function of Psychological Fit: Reexamining the Hard Law/Soft Law Continuum
- Signaling Virtue? A Comparison of Corporate Codes in the Fields of Labor and Environment
- The ISO 26000 International Guidance Standard on Social Responsibility: Implications for Public Policy and Transnational Democracy
