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Comparative Law and Regulation: Understanding the Global Regulatory Process

Comparative Law and Regulation: Understanding the Global Regulatory Process

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788118538
  • 出版时间 January 2018
  • 规格: Paperback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥587.50

¥569.88 Save ¥17.63 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

    Index

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