This chapter aims to offer certain concluding thoughts and remarks, based on the conceptual framework used and the case-studies presented throughout the book. More specifically, it critically reviews whether organisational resilience is an adequate conceptual tool to describe the modes of evolution of transnational private regulation: its birth, development, consolidation and dissolution. After reviewing certain definitional issues relating to transnational private regulation, the chapter explores the interaction between public and private authority as well as certain conceptual issues that arose from previous chapters when discussing the resilience of private rulemakers. The chapter concludes with certain directions for future research

Transnational private regulation poses distinct questions of coherence and legitimacy within the international legal order. Regretfully, international legal scholarship is not sufficiently concerned with the interplay between public and private authority in spite of the proliferation of the latter. This contribution critically studies this interaction while zooming in on the dynamics of standard-setting through two case studies: the growing need for coherence and legitimacy of global food safety standards, and the growing (security) concerns for regulatory capture in the critical standard-setting domain of international communication within the International Telecommunication Union. Focusing in particular on international trade law rules such as those applying to sanitary, phytosanitary and technical barriers to trade, but also on those at the regional level such as in the EU, the contribution studies how democratic accountability and legitimacy of transnational private rule-makers is enhanced both ex ante as well as ex post though forms of recognition.