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Paul Verbruggen

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Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety

Paul Verbruggen

Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.
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Paul Verbruggen

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Paul Verbruggen

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Paul Verbruggen

Regulatory standards developed by non-state, private actors are regularly incorporated into contemporary international commercial contracts. They serve as a means to regulate the quality attributes of products and services provided through transnational supply chains. Assessing and ensuring compliance with these private standards proves challenging, first of all because the qualities private standards aim to ensure are often credence qualities. Secondly, the most prominent standards are process based and can be unclear or ambiguous. This triggers important (socio-)legal questions concerning the substantive and procedural aspects of compliance with private regulatory standards in commercial contracts that this chapter seeks to discuss. In addressing these aspects it reviews (empirical) studies on the use of private standards in contracts, private certification schemes and case law on the interpretation of private standards. Keywords: private standards, compliance, enforcement, supply chain, certification, corporate social responsibility

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Paul Verbruggen

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Paul Verbruggen