Comparative law and regulation : understanding the global regulatory process / edited by Francesca Bignami, Professor of Law, The George Washington University Law School, USA; David Zaring, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania, USA.
2016
K3400 .C658 2016 (Map It)
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Details
Title
Comparative law and regulation : understanding the global regulatory process / edited by Francesca Bignami, Professor of Law, The George Washington University Law School, USA; David Zaring, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania, USA.
Published
Cheltenham, UK ; Northampton, MA, USA : Edward Elgar Publishing, 2016.
Copyright
©2016
Call Number
K3400 .C658 2016
ISBN
9781782545606 (hardback)
1782545603 (hardback)
1782545603 (hardback)
Description
xi, 592 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)948562438
Summary
"Governance by regulation (rules propounded and enforced by bureaucracies) is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations. 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"--Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Comparative law and regulation. Cheltenham, UK : Edward Elgar Publishing Limited, [2016] 9781782545613 (OCoLC)959605428
Record Appears in
Added Author
Table of Contents
List of contributors
vii
Editors' Preface
ix
Acknowledgments
xi
Introduction. A new field: comparative law and regulation / Francesca Bignami
1
pt. I
REGULATORY STATE ACROSS THE GLOBE
1.
historical origins of American regulatory exceptionalism / Reuel Schiller
55
2.
Regulation in the European Union / R. Daniel Kelemen
73
3.
regulatory state in East Asia / John Ohnesorge
92
pt. II
RULEMAKING
4.
Participation in the U.S. administrative process / Wendy Wagner
109
5.
Regulatory procedure and participation in the European Union / Stijn Smismans
129
pt. III
OVERSIGHT
6.
Impact assessment: diffusion and integration / Daniel L. Ribeiro
159
7.
Access to information in the UK and India / Ben Worthy
190
pt. IV
ENFORCEMENT
8.
campaign enforcement style: Chinese practice in context and comparison / Benjamin van Rooij
217
9.
Can private class actions enforce regulations? Do they? Should they? / Deborah R. Hensler
238
pt. V
JUDICIAL REVIEW
10.
Regulation and the courts: judicial review in comparative perspective / Francesco Bignami
275
11.
Proportionality review of administrative action in Japan, Korea, Taiwan, and China / David S. Law
305
12.
Structural reform litigation, regulation and the right to health in Colombia / Audrey R. Chapman
335
13.
law of lawmaking: positive political theory in comparative public law / James Fowkes
353
pt. VI
PRIVATE REGULATION AND NEW GOVERNANCE
14.
troubling conjunction of public and private law / Peter L. Strauss
385
15.
Performance-based regulation: concepts and challenges / Cary Coglianese
403
16.
Transplanting law in a globalized world: private transnational regulation and the legal transplant paradigm / Jodi L. Short
430
pt. VII
INTERNATIONAL JURISDICTIONS
17.
How the WTO shapes the regulatory state / Gregory Shaffer
447
18.
International investment law and regulatory governance / Jason Yackee
480
19.
emerging post-crisis paradigm for international financial regulation / David Zaring
497
20.
integrated administrative law and governance of the European Union / Herwig C.H. Hofmann
519
21.
Governing disasters: the challenge of global disaster law and policy / Chelsea Fish
539
Index
571