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The Role of the EU in Transnational Legal Ordering

Standards, Contracts and Codes Edited by Marta Cantero Gamito, Assistant Professor of Law, Colegio Universitario de Estudios Financieros (CUNEF), Spain and part-time Associate Professor in IT Law, Univeristy of Tartu, Estonia and Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland
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.
Extent: c 304 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: February 2020
ISBN: 978 1 78811 840 8
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  • eISBN: 978 1 78811 841 5

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  • Law - Academic
  • Comparative Law
  • Corporate Law and Governance
  • European Law
  • Law of Obligations
  • Regulation and Governance
  • Global and Transnational Law
  • International Economic Law, Trade Law
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.

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 and the law of obligations. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial.
‘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 include: 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:

Acknowledgements
PART I – Introduction: The conceptual dimension
1. The role of the EU in the transnational governance of standards, contracts, and codes
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 law-making?
Rob VAN GESTEL and Peter VAN LOCHEM

3. Private food safety standards, private law, and the EU: Exploring the linkages in constitutionalization
Paul VERBRUGGEN

4. EU rules and values, transnational legal ordering and international arbitration
Barbara WARWAS

5. The standardization of the internet and the international harmonization of E-commerce
Gerald SPINDLER

6. Self-regulation and regulatory intermediation in the platform economy
Christoph BUSCH

7. Private standard-setting in the TBT Agreement: Control and recognition
Mislav MATAIJA

8. Standardization of standard contracts: fairness in EU energy exchanges
Lucila DE ALMEIDA

9. EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies
Teemu JUUTILAINEN

10. Standardizing intra-firm processes world-wide: Product Governance between IOSCO and the EU
Antonio MARCACCI

11. SME inclusion: Codes of conduct in the food supply chain
Maria Paz DE LA CUESTA DE LOS MOZOS

12. The Dutch Banking Agreement on Human Rights; a blueprint for EU governance
Kinanya PIJL

PART III – Conclusions: The normative dimension
13. Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law
Rodrigo VALLEJO

Epilogue
Hans-W. MICKLITZ

Index