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The Role of the EU in Transnational Legal Ordering: Standards, Contracts and Codes

The Role of the EU in Transnational Legal Ordering: Standards, Contracts and Codes

Author: Marta Cantero Gamito; Hans -W. Micklitz
Publisher: Edward Elgar Publishing
ISBN: 9781788118408
Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards.

The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law and the law of obligations. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial.

PART I - Introduction: The conceptual dimension

1. The role of the EU in the transnational governance of standards, contracts, and codes - Marta CANTERO GAMITO

PART II - The role of the EU in the transnational governance of standards, contracts, and codes

2. Private standards as a replacement for public law-making? - Rob VAN GESTEL and Peter VAN LOCHEM

3. Private food safety standards, private law, and the EU: Exploring the linkages in constitutionalization Paul VERBRUGGEN

4. EU rules and values, transnational legal ordering and international arbitration - Barbara WARWAS

5. The standardization of the internet and the international harmonization of E-commerce - Gerald SPINDLER

6. Self-regulation and regulatory intermediation in the platform economy - Christoph BUSCH

7. Private standard-setting in the TBT Agreement: Control and recognition - Mislav MATAIJA

8. Standardization of standard contracts: fairness in EU energy exchanges - Lucila DE ALMEIDA

9. EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies - Teemu JUUTILAINEN

10. Standardizing intra-firm processes world-wide: Product Governance between IOSCO and the EU - Antonio MARCACCI

11. SME inclusion: Codes of conduct in the food supply chain - Maria Paz DE LA CUESTA DE LOS MOZOS

12. The Dutch Banking Agreement on Human Rights; a blueprint for EU governance - Kinanya PIJL

PART III - Conclusions: The normative dimension

13. Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law - Rodrigo VALLEJO

Epilogue - Hans-W. MICKLITZ

Index

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