Comparative law and regulation : understanding the global regulatory process / [edited by] Francesca Bignami, David Zaring.
2016
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Title
Comparative law and regulation : understanding the global regulatory process / [edited by] Francesca Bignami, David Zaring.
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Imprint
Northampton, MA : Edward Elgar Pub., c. 2016.
Description
1 online resource (608 pages).
Series
Research handbooks in comparative law.
Formatted Contents Note
Editors' preface / Francesca Bignami, David Zaring
Introduction: a new field: comparative law and regulation / Francesca Bignami
Part I the regulatory state across the globe
1. The historical origins of American regulatory exceptionalism / Reuel Schiller
2. Regulation in the European Union / R. Daniel Kelemen
3. The regulatory state in East Asia / John Ohnesorge
Part II rulemaking
4. Participation in the U.S. administrative process / Wendy Wagner
5. Regulatory procedure and participation in the European Union / Stijn Smismans
Part III oversight
6. Impact assessment: diffusion and integration / Jonathan Baert Wiener and Daniel Lima Ribeiro
7. Access to information in the UK and India / Ben Worthy
Part IV enforcement
8. The campaign enforcement style: Chinese practice in context and comparison / Benjamin van Rooij
9. Can private class actions enforce marketplace regulations? do they? should they? / Deborah A. Hensler
Part V judicial review
10. Regulation and the courts: judicial review in comparative perspective / Francesca Bignami
11. Proportionality review of administrative action in Japan, Korea, Taiwan, and China / Cheng-Yi Huang and David S Law
12. Structural reform litigation, regulation and the right to health in colombia / Everaldo Lamprea, Lisa Forman and Audrey R. Chapman
13. The law of lawmaking: positive political theory in comparative public law / Susan Rose-Ackerman and James Fowkes
Part VI private regulation and new governance
14. The troubling conjunction of public and private law / L. Peter
15. Performance-based regulation: concepts and challenges / Cary Coglianese
16. Transplanting law in a globalized world: private transnational regulation and the legal transplant paradigm / Jodi L. Short
Part VII international jurisdictions
17. How the WTO shapes the regulatory state / Gregory Shaffer
18. International investment law and regulatory governance / Jason Yackee
19. The emerging post-crisis paradigm for international financial regulation / David Zaring
20. The integrated administrative law and governance of the European Union / Herwig C. H. Hofmann
21. Governing disasters: the challenge of global disaster law and policy / Eric A. Feldman and Chelsea Fish.
Introduction: a new field: comparative law and regulation / Francesca Bignami
Part I the regulatory state across the globe
1. The historical origins of American regulatory exceptionalism / Reuel Schiller
2. Regulation in the European Union / R. Daniel Kelemen
3. The regulatory state in East Asia / John Ohnesorge
Part II rulemaking
4. Participation in the U.S. administrative process / Wendy Wagner
5. Regulatory procedure and participation in the European Union / Stijn Smismans
Part III oversight
6. Impact assessment: diffusion and integration / Jonathan Baert Wiener and Daniel Lima Ribeiro
7. Access to information in the UK and India / Ben Worthy
Part IV enforcement
8. The campaign enforcement style: Chinese practice in context and comparison / Benjamin van Rooij
9. Can private class actions enforce marketplace regulations? do they? should they? / Deborah A. Hensler
Part V judicial review
10. Regulation and the courts: judicial review in comparative perspective / Francesca Bignami
11. Proportionality review of administrative action in Japan, Korea, Taiwan, and China / Cheng-Yi Huang and David S Law
12. Structural reform litigation, regulation and the right to health in colombia / Everaldo Lamprea, Lisa Forman and Audrey R. Chapman
13. The law of lawmaking: positive political theory in comparative public law / Susan Rose-Ackerman and James Fowkes
Part VI private regulation and new governance
14. The troubling conjunction of public and private law / L. Peter
15. Performance-based regulation: concepts and challenges / Cary Coglianese
16. Transplanting law in a globalized world: private transnational regulation and the legal transplant paradigm / Jodi L. Short
Part VII international jurisdictions
17. How the WTO shapes the regulatory state / Gregory Shaffer
18. International investment law and regulatory governance / Jason Yackee
19. The emerging post-crisis paradigm for international financial regulation / David Zaring
20. The integrated administrative law and governance of the European Union / Herwig C. H. Hofmann
21. Governing disasters: the challenge of global disaster law and policy / Eric A. Feldman and Chelsea Fish.
Summary
Regulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society? Today the regulation of everything from e-commerce and product safety to air quality is global. To understand how regulation is made and enforced in the multiple domestic and international jurisdictions involved, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the global regulatory process. The book affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals. The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the multifaceted issues involved in international and comparative regulation and an overview of the legal and technical aspects.
Note
Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. Zaring.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781782545613 e-book
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