The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates: 5 (Journal of Law and Society Special Issues) - Softcover

 
9781444339277: The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates: 5 (Journal of Law and Society Special Issues)

Inhaltsangabe

The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates presents an extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability.

  • Represents the first extensive treatment of the phenomenon of transnational private regulation
  • Offers conceptual and theoretical innovation in considering the significance of transnational private regulation and its relationship to governmental activity in hybrid regimes
  • Analyzes constitutional issues surrounding the emergence of transnational private regulation

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Über die Autorin bzw. den Autor

Colin Scott is Professor of EU Regulation and Governance, University College Dublin, and Co-Editor of Law and Policy.
 
Fabrizio Cafaggi
is Professor of Comparative Law, European University Institute, Florence, on leave from the University of Trento.
 
Linda Senden
is Professor of European Law, Tilburg University, the Netherlands. She has published extensively on the use of soft law in the context of the EU.

Von der hinteren Coverseite

There has been an exponential growth of transnational private regulatory regimes in recent years, with a corresponding increase in the complexity of legal and political implications. This book presents the first extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Building on established strands in the literature addressing ‘private power’ and ‘public/global authority,’ essays explore the conceptual bases on which these distinctions have been built. Contributions from international experts analyze the influence of globalization on national legal orders, examining different regimes in the light of both vertical (private global/public-local) and horizontal (public/private global) complementarity. Readings move beyond previous considerations of global regulation that focus on an elaboration of traditional public law modes of governance by pointing to alternatives rooted in market and community activities, and revealing the potential for reconceptualising the effects of networks in governing network participants. This approach addresses the shift from hierarchical to heterarchic governance and recognises the need to re-conceptualize the bases of legitimacy for such regimes at both the national and supranational level. The Challenge of Transnational Private Regulation offers illuminating insights into an emerging form of governance in the twenty-first century world.

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