Comparative law and regulation : understanding the global regulatory process / edited by Francesca Bignami, David Zaring.

Format:

Book

Contributor:

Bignami, Francesca, editor.

Zaring, David, editor.

Series:

Research handbooks in comparative law.

Research Handbooks in Comparative Law

Language:

English

Subjects (All):

Comparative law.

Physical Description:

1 online resource (604 pages).

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2016.

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.

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.

Notes:

Includes bibliographical references at the end of each chapters and index.

Description based on print version record.

ISBN:

1-78254-561-1