Comparative Law and Regulation: Understanding the Global Regulatory Process

by Francesca Bignami (Editor), David Zaring (Editor)

Overview

Regulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society?

To understand the global regulatory process, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from an international team of leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the regulatory process across the world. The volume affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals.

The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the complex issues involved in international and comparative regulation and an up-to-date overview of the legal and technical aspects.

Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. Zaring

Product Details

ISBN-13:	9781782545606
Publisher:	Edward Elgar Publishing
Publication date:	09/22/2016
Series:	Research Handbooks in Comparative Law series
Pages:	608
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

Edited by Francesca Bignami, Professor of Law, The George Washington University Law School, US and David Zaring, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania, US

Table of Contents

Contents:

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 B. Wiener and Daniel L. 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 Regulations? Do They? Should They?
Deborah R. 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, Stefanie Egidy and James Fowkes

PART VI PRIVATE REGULATION AND NEW GOVERNANCE
14. The Troubling Conjunction of Public and Private Law
Peter L. Strauss

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

Editorial Reviews

'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.'

Mark Tushnet

‘The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring book provides both excellent introduction into these newest developments and a record of substantial research achievements.’

Martin Shapiro

Comparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' —Michael Asimow, Stanford Law School

'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' —Mark Tushnet, Harvard Law School

'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' —Sidney Shapiro, Wake Forest University

From the Publisher

‘Comparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.’

Michael Asimow

‘Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zaring have edited a commanding contribution to the emerging field of comparative law and regulation.’

Sidney Shapiro