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Comparative Law and Regulation: Understanding the Global Regulatory Process

Comparative Law and Regulation: Understanding the Global Regulatory Process

Author: Francesca Bignami; David Zaring
Publisher: Edward Elgar Publishing
ISBN: 9781782545606

Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781788118538

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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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