CiNii 図書 - Comparative law and regulation : understanding the global regulatory process

'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 volume provides both excellent introduction into these newest developments and a record of substantial research achievements.' - Martin Shapiro, University of California, Berkeley, School of Law 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

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

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Comparative law and regulation : understanding the global regulatory process

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