Orchestration as a Form of Public Action: The EU Engagement with Voluntary Sustainability Standards

24 Pages Posted: 12 Feb 2019

See all articles by Enrico Partiti

Enrico Partiti

Tilburg Law and Economics Center (TILEC)

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Date Written: January 2019

Abstract

EU authorities have come to engage with transnational private standards in the domain of sustainability in forms which are different from the traditional interplay based on agency relations and incorporation by reference. This phenomenon is evident in the domain of global value chain sustainability where the employment of voluntary sustainability standards (VSS) is permitted in certain EU measures. This contribution depicts the main features of orchestration as a distinct form of public action involving transnational private regulation. It lays down the reasons underpinning public ‘use’ of forms of public authority, it highlights the potential for orchestration in publicising transnational private rules and it exposes the hidden dynamics stemming from the interplay between public and private rules. It discusses the conditions under which orchestration can enhance the effectiveness of public measures, and how orchestration can transform transnational private regimes by steering their substance and procedures.

Suggested Citation

Partiti, Enrico, Orchestration as a Form of Public Action: The EU Engagement with Voluntary Sustainability Standards (January 2019). European Law Journal, Vol. 25, Issue 1, pp. 94-117, 2019, Available at SSRN: https://ssrn.com/abstract=3332569 or http://dx.doi.org/10.1111/eulj.12299

Enrico Partiti (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

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