Shifting between public and private: The reconfiguration of global environmental regulation

Orr Karassin, Oren Perez

Research output: Contribution to journalArticlepeer-review


Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A five-category typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise developed by private organizations as gradually more reporting obligations are incorporated into public law. The case of sustainable forest management regulation is somewhat more mixed, reflecting a tendency for increased state intervention, which led to partial suppression of PTR.

Original languageEnglish
Pages (from-to)97-129
Number of pages33
JournalIndiana Journal of Global Legal Studies
Issue number1
StatePublished - 2018

Bibliographical note

Publisher Copyright:
© Indiana University Maurer School of Law.


Dive into the research topics of 'Shifting between public and private: The reconfiguration of global environmental regulation'. Together they form a unique fingerprint.

Cite this