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The Role of the EU in Transnational Legal Ordering
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The Role of the EU in Transnational Legal Ordering

Standards, Contracts and Codes

9781788118408 Edward Elgar Publishing
Edited by Marta Cantero Gamito, Assistant Professor of Law, CUNEF (Madrid), Spain and part-time Associate Professor in IT Law, University of Tartu, Estonia and Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland
Publication Date: 2020 ISBN: 978 1 78811 840 8 Extent: 352 pp
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

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Critical Acclaim
Contributors
Contents
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This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes.

Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards.

The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial.
Critical Acclaim
‘This fascinating book breaks important new ground in exploring the private mechanisms of transnational legal ordering through contracts, standards, and codes. It shows the major role played by the European Union, even given the serious internal challenges the EU faces.’
– Gregory Shaffer, University of California, Irvine, US

‘The private dimension of the EU’s external governance is a topic that is important yet under-explored. This book brings a rich set of diverse contributions under a unified conceptual framework, advancing a conversation that anyone interested in global governance, transnational legal order, or the EU’s global role will find highly valuable.’
– Anu Bradford, Columbia Law School, US
Contributors
Contributors: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. Warwas


Contents
Contents:

PART I INTRODUCTION: THE CONCEPTUAL DIMENSION
1 The role of the EU in the transnational governance of
standards, contracts and codes 2
Marta Cantero Gamito

PART II THE ROLE OF THE EU IN THE
TRANSNATIONAL GOVERNANCE OF
STANDARDS, CONTRACTS AND CODES
2 Private standards as a replacement for public lawmaking? 27
Rob van Gestel and Peter van Lochem
3 Private food safety standards, private law and the EU:
exploring the linkages in constitutionalization 54
Paul Verbruggen
4 EU rules and values, transnational legal ordering, and
international arbitration 80
Barbara Warwas
5 The standardization of the internet and the international
harmonization of ecommerce 100
Gerald Spindler
6 Self-regulation and regulatory intermediation in the
platform economy 115
Christoph Busch
7 Private standard setting in the TBT Agreement: control
and recognition 135
Mislav Mataija
8 Standardization of standard contracts: fairness in EU
energy exchanges 155
Lucila de Almeida
9 EU Securitisation Regulation: legal ordering in symbiosis
with transnational bodies 180
Teemu Juutilainen
10 Standardizing intrafirm processes worldwide: product
governance between IOSCO and the EU 200
Antonio Marcacci
11 SME inclusion: codes of conduct in the food supply chain 221
María Paz de la Cuesta de los Mozos
12 The Dutch Banking Agreement on Human Rights:
a blueprint for EU governance? 239
Kinanya Pijl
PART III CONCLUSIONS: THE NORMATIVE DIMENSION
13 Voyaging through standards, contracts, and codes: the
transnational quest of European regulatory private law 265
Rodrigo Vallejo
14 Epilogue: the role of the EU in the external reach of
regulatory private law – gentle civiliser or neoliberal hegemon? 299
Hans-W. Micklitz

Index 322

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78811 841 5
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