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The Constitution of Private Governance: Product Standards in the Regulation of Integrating Markets: International Studies in the Theory of Private Law

Autor Harm Schepel
en Limba Engleză Hardback – 22 feb 2005
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.
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Specificații

ISBN-13: 9781841134871
ISBN-10: 1841134872
Pagini: 504
Dimensiuni: 156 x 234 x 39 mm
Greutate: 0.86 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria International Studies in the Theory of Private Law

Locul publicării:London, United Kingdom

Caracteristici

This book provides a comprehensive overview of the rise, role and status of private product safety standards in the legal regulation of integrating markets.

Notă biografică

Harm Schepel is a Senior Lecturer at Kent Law School and at the Brussels School for International Studies, University of Kent.

Cuprins

Introduction1 The Rise of Private Governance: Functional Differentiation and Economic Globalisation2 The European Community: Market Integration and Private Transnationalism3 The United States: Deregulation and Legalisation4 Standards in the European Union5 Standards and Codes in the United States6 International Harmonisation of Standards7 Private Regulation in European Public Law8 Private Regulation in American Public Law9 Politics and the Economy: Linking Institutions in Competition Law10 Custom, Science and Law: Linking Institutions in TortConclusion The Constitution of Private Governance

Recenzii

.this elegantly written book paints the big picture..and the narrative is unusually helpful in guiding the reader through the complexity, which should ensure the book's value and interest.

Descriere

The book offers the first systematic treatment of European, American and international 'standards law' in the English language.