Comparative Law and Regulation


Comparative Law and Regulation

Understanding the Global Regulatory Process

9781782545606 Edward Elgar Publishing
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
Publication Date: 2016 ISBN: 978 1 78254 560 6 Extent: 608 pp
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

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Today the regulation of everything from e-commerce and product safety to air quality is global. To understand how regulation is made and enforced in the multiple domestic and international jurisdictions involved, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from 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 global regulatory process. The book 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 multifaceted issues involved in international and comparative regulation and an overview of the legal and technical aspects.
Critical Acclaim
‘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, University of California, Berkeley, School of Law, US

‘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, Wake Forest University, US

‘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, US

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


A New Field: Comparative Law and Regulation
Francesca Bignami

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

4. Participation in the U.S. Administrative Process
Wendy Wagner

5. Regulatory Procedure and Participation in the European Union
Stijn Smismans

6. Impact Assessment: Diffusion and Integration
Jonathan B. Wiener and Daniel L. Ribeiro

7. Access to Information in the UK and India
Ben Worthy

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

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

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

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


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