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Comparative law and regulation : understanding the global regulatory process

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.
ISBN
9781788118538
1788118537
Edition
Paperback edition.
Publication
Cheltenham, UK ; Northampton, MA, USA : Edward Elgar Publishing, 2018.
Physical Description
xi, 592 pages : illustrations ; 25 cm.
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.
Format
Books
Language
English
Added to Catalog
December 17, 2018
Series
Research handbooks in comparative law.
Bibliography
Includes bibliographical references and index.
Contents
Historical origins of American regulatory exceptionalism / Reuel Schiller
Regulation in the European Union / R. Daniel Kelemen
Regulatory state in East Asia / John Ohnesorge
Participation in the U.S. administrative process / Wendy Wagner
Regulatory procedure and participation in the European Union / Stijn Smismans
Impact assessment: diffusion and integration / Jonathan B. Wiener and Daniel L. Ribeiro
Access to information in the UK and India / Ben Worthy
Campaign enforcement style: Chinese practice in context and comparison / Benjamin van Rooij
Can private class actions enforce marketplace regulations? Do they? Should they? / Deborah R. Hensler
Regulation and the courts: judicial review in comparative perspective / Francesca Bignami
Proportionality review of administrative action in Japan, Korea, Taiwan, and China / Cheng-Yi Huang and David S. Law
Structural reform litigation, regulation and the right to health in Colombia / Everaldo Lamprea, Lisa Forman and Audrey R. Chapman
Law of lawmaking: positive political theory in comparative public law / Susan Rose-Ackerman, Stefanie Egidy and James Fowkes
The troubling conjunction of public and private law / Peter L. Strauss
Performance-based regulation: concepts and challenges / Cary Coglianese
Transplanting law in a globalized world: private transnational regulation and the legal transplant paradigm / Jodi L. Short
How the WTO shapes the regulatory state / Gregory Shaffer
International investment law and regulatory governance / Jason Yackee
The emerging post-crisis paradigm for international financial regulation / David Zaring
The integrated administrative law and governance of the European Union / Herwig C.H. Hofmann
Governing disasters: the challenge of global disaster law and policy / Eric A. Feldman and Chelsea Fish.
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