constructing a european market standards regulation and governance

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Constructing A European Market

Author : Michelle Egan
ISBN : 9780191529528
Genre : Political Science
File Size : 72. 30 MB
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Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.

The Constitution Of Private Governance

Author : Harm Schepel
ISBN : 9781847311078
Genre : Law
File Size : 86. 94 MB
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In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.

Cross Border Class Actions

Author : Arnaud Nuyts
ISBN : 9783866539679
Genre : Law
File Size : 56. 11 MB
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Whether with regard to mass torts or as means of private enforcement of antitrust policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. In the last years, some EU Member States have made their own attempts at collective redress institutions. In this book, distinguished experts evaluate the problems of cross-border class actions and make proposals for a "European way" appropriate for the 21st century.

International Standardization And The Agreement On Technical Barriers To Trade

Author : Andrea Barrios Villarreal
ISBN : 9781108474368
Genre : Law
File Size : 34. 70 MB
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This work examines the international standardization system generally, with a specific focus on some of the bodies within this system. It also questions the lack of definition regarding several features related to the system, notably an international standardizing body and international standards in the Agreement on Technical Barriers to Trade.

European Standardisation Of Services And Its Impact On Private Law

Author : Barend van Leeuwen
ISBN : 9781509908356
Genre : Law
File Size : 74. 97 MB
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With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

Product Safety And Liability Law In Japan

Author : Luke Nottage
ISBN : 9781134433896
Genre : Business & Economics
File Size : 23. 36 MB
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Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

Risk Regulation And Administrative Constitutionalism

Author : Elizabeth Fisher
ISBN : 9781847313720
Genre : Law
File Size : 35. 86 MB
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Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.

The Regimes Of European Integration

Author : Shawn Donnelly
ISBN : 9780199579402
Genre : Business & Economics
File Size : 87. 1 MB
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The Regimes of European Integration shows why international regimes get built or not and whether national governments delegate to the international level. It contains case studies in economic and social regulation in Germany, the UK, and within the European Union.

Governance Citizens And Consumers

Author : Mark Bevir
ISBN : 0230517285
Genre : Social Science
File Size : 61. 15 MB
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This is the first book to bring together a focus on governance with that on cultures of consumption. It asks about the changing place of the consumer as citizen in recent trends in governance, about the tensions between competing ideas and practices of consumerism, and about the active role of consumers in the construction of governance. The book seeks to expand the debate about consumers and governance and to raise the possibility of new conceptions and policy agendas.

Europe And The Governance Of Global Finance

Author : Daniel Mügge
ISBN : 9780199683963
Genre : Business & Economics
File Size : 48. 92 MB
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1: Daniel Mügge: Introduction 2: Eilís Ferran: Financial Supervision 3: Jasper Blom: Banking 4: Daniel Mügge: Securities and Derivatives Markets 5: Lucia Quaglia: Insurance 6: Bart Stellinga: Accounting Standards 7: David Howarth and Lucia Quaglia: Hedge Funds 8: Stefanie Hiss and Sebastian Nagel: Credit Rating Agencies 9: Eleni Tsingou: Money Laundering 10: Duncan Wigan: Offshore Financial Centres 11: Andrew Baker: Macroprudential Regulation.

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