Mapping Private Regulation – Classification, Market Access and Market Closure Policy, and Law's Response

Abstract

Private forms are gaining importance in the regulation of supply chains. Drawing on insights on the diminishing effectiveness of classical top-down regulation in inter-, supra-, and transnational supply chains, methods from self- and co-regulation increasingly take central stage. This new field comprises of standard setting, auditing, accreditation and enforcement. This chapter devotes an introduction and analysis of this emerging field of regulation and its relationship to law. It identifies the main regulatory character as market access and market closure challenge. It will show how law has responded to this challenge so far and will close with a summary and anticipation of some legal questions that remain open.