The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational institutional structures. This article examines such developments in the area of professional services. It starts by analyzing the self-regulation phenomenon in professional services and points to examples where professional associations accentuate their unique nature to justify the importance of nonintervention in their internal affairs. Powerful professional associations have been thereby created, which, depending on the services subsector (e.g. legal, engineering or advertising services), are the final masters of access to and practice of a given profession. After a critical review of the most important professional associations at the global level, the article focuses on instances of private enforcement and goes on to examine the role of courts in reviewing such enforcement. In this regard, constitutionality of private enforcement is also examined. Finally, the article refers to the role of antitrust rules in harnessing distortive business practices that professional associations may adopt. The article focuses in particular on instances of private, decentralized enforcement. Whereas no truly transnational private regulation in professional services has yet emerged, it is submitted that the foundations for such a development are being built progressively as a result of borderless activities in this sector and a relatively deferential stance on the side of the State.

'Globalization pushes the boundaries of markets. Alongside the greater "goods" of transnational economic activity come the "bads" of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the susperstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' – Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement – under international law and through national courts – and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy-makers and law-makers.

This book explores how ICT standards, as powerful technical rules that affect society, emerge and are legitimised.

In recent years transnational private regulators have emerged and multiplied. In this book, experts from various academic disciplines offer empirically grounded case studies and theoretical insights into the evolution and resilience of these bodies through crises. Transnational private regulators display considerable flexibility if compared to public institutions both in exercising their rule-making functions and adapting and transforming in light of endogenous or exogenous crises events calling for change. The contributors identify such events and reflect on their impact on transnational private rule-makers. This edited volume covers important areas of global production and finance that are associated with private rule-making and delves into procedural, substantive and practical elements of private rule-making processes. At a policy level, the book provides comparisons among practices of private bodies in various areas, allowing for important lessons to be drawn for all public and private stakeholders active in, or affected by, private and public rule-making. This title is Open Access.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Why self-regulation? With the advent of such concepts as design for the environment, industrial ecology, and the recognized enlightened self-interest that voluntary compliance brings, it is in any company's best interest to avoid fines, liabilities, and bad publicity. Consumer concern and pressure from the marketplace give a competitive advantage t

The Palgrave Handbook of the Public Servant examines what it means to be a public servant in today’s world(s) where globalisation and neoliberalism have proliferated the number of actors who contribute to the public purpose sector and created new spaces that public servants now operate in. It considers how different scholarly approaches can contribute to a better understanding of the identities, motivations, values, roles, skills, positions and futures for the public servant, and how scholarly knowledge can be informed by and translated into value for practice. The book combines academic contributions with those from practitioners so that key lessons may be synthesised and translated into the context of the public servant.