Cho, Radecki, & Suh: Communitizing Transnational Regulatory Concerns

Sungjoon Cho (Chicago Kent College of Law), Jacob Radecki (Levin & Perconti), & Cecilia Suh (Funkhouser Vegosen Liebman & Dunn Ltd.) have posted Communitizing Transnational Regulatory Concerns (Chicago Journal of International Law, forthcoming). Here's the abstract:

In this article we argue that the conventional command-and-control theories related to regulatory requirements fall away in the face of transnational regulatory governance. We therefore seek a new explanatory model that prioritizes and recognizes the discursive nature of international regulatory proceedings. Importantly, we contend that the way regulatory problems are discussed, and thus the way they are communitized, affects the way parties ultimately reconcile. We conclude that collaborative and less confrontational regulatory exchanges tend to be significantly more successful than formal and inquisitive ones.