Faculty of Law (Faculteitskamer - A1.01). Topic: The effectiveness of private enforcement. Doors open from 11.45, lunch will be served.
|Date||13 January 2014|
|Room||Faculty of Law: Oudemanhuispoort - Faculteitskamer - A1.01|
The rise of transnational private regulation in the corporate social
responsibility (CSR) arena is incontrovertible, but it has advantages as well as
obvious disadvantages. Therefore, it is of importance to assess whether
transnational private regulation is effective (enhancing advantages and
preventing disadvantages as much as possible). This is salient in the CSR arena
because a plethora (of different types) of transnational private regulation
exists. The recent examples in Bangladesh elucidate the ineffectiveness of
(some) transnational private regulation (in supply chains) in the garment
The effectiveness of private regulation in the CSR arena might be assessed by a legal, economic, sociological or psychological approach. The legal approach focusses on (the objectives of) the private regulation itself, enforcement and conflict resolution. The economic approach (impact assessment) focusses on the actual impact of private regulation in terms of economic benefits/growth, but also considers social, consumer and environmental detriment and possible market disruption or hamper of trade. The sociological approach is connected with acceptance (legitimacy) of private regulation and focusses on the way private regulation is communicated, the way in which it is implemented, whether proper procedures are used to engage relevant stakeholders and how the decision making process is shaped. The psychological approach considers the behavioral effects (if any) of private regulation. In many instances, the more of these approaches point at effectiveness, the more likely it is that the transnational private regulation will be effective. Moreover, these approaches are intertwined.
My paper is confined to the legal approach. It aspires to find ex ante indicators (to be used in the rule making process) predicting the effectiveness of transnational private regulation from a legal perspective and to find instruments to assess the effectiveness of existing transnational private regulation (ex post).
The paper will be available at the seminar.
Prof. dr. mr. Martijn Scheltema is professor of Enforcement Issues in Private Law in at the Erasmus University Rotterdam and partner at Pels Rijcken & Drooglever Fortuijn. His research interests include Private Law, Litigation and arbitration, Corporate Litigation, Intellectual property rights, Civil rights. More specific: Behavioural Approaches to Contract and Tort: Relevance for Policymaking.