Supply Chain Constitutionalism: The Emergence of Private Governance Regimes and Their Impact On Traditional Legal Hierarchies

Abstract

This review examines Supply Chain Constitutionalism: The Emergence of Private Governance Regimes and Their Impact on Traditional Legal Hierarchies, which explores the growing influence of private governance mechanisms within global supply chains and their implications for traditional public legal frameworks. The review analyzes the book's examination of how private entities, including multinational corporations and third-party certifying bodies, are increasingly assuming regulatory roles traditionally reserved for sovereign states. The review highlights the book's discussion of the tension between private governance regimes and state-run legal systems, exploring how corporate self-regulation and voluntary compliance frameworks challenge traditional legal authority. It covers the book's analysis of "supply chain constitutionalism," where corporations create binding governance structures that establish regulations and standards for business conduct within supply networks. Key areas addressed in the review include the legal ramifications of private governance systems, the challenges of addressing global issues through private mechanisms, and the implications for economic inequality and power distribution within supply chains. The review also discusses the book's examination of enforcement mechanisms, the role of digital technologies in reshaping governance, and the potential for private regimes to exacerbate inequalities while offering superficial solutions to systemic issues. The review concludes that the book provides essential insights into the need for balanced supply chain governance that integrates both public and private mechanisms, calling for collaborative frameworks that ensure accountability, transparency, and equitable treatment across global supply networks.

Key Words: Private governance, supply chain constitutionalism, corporate regulation, legal hierarchies, enforcement mechanisms