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Vol 21 No 10 Oct/Nov 2016

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Comparative Law and Regulation: Understanding the Global Regulatory Process

Edited by: Francesca Bignami, David Zaring

ISBN13: 9781782545606
Published: September 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £195.00



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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.

Subjects:
Comparative Law
Contents:
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