Contract and Regulation


Contract and Regulation

A Handbook on New Methods of Law Making in Private Law

9781784710651 Edward Elgar Publishing
Edited by Roger Brownsword, Professor of Law, King’s College London and Bournemouth University, UK, Rob A.J. van Gestel, Tilburg University, the Netherlands and Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland
Publication Date: 2017 ISBN: 978 1 78471 065 1 Extent: 416 pp
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.

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Critical Acclaim
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Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this area. By exploring these phenomena, it reveals the changing role of regulatory private law in a globalised legal world - one where distinctions between public and private law, hard law and soft law, and rule making and contracting have become increasingly blurred.

Contributors explore key examples drawing on an extensive range of private law. The book pays close attention to the use of codes of conduct to coordinate and steer behaviour in business-to-business and business-to-consumer relationships, concerning health and safety, environment, and employment conditions. It also examines the formation of contractual ‘networks’, such as franchises, to regulate multi-party trade relationships, and the application of contracts and contract law to secure business and consumer compliance with public standards.

With its global reach and detailed research, this Handbook will appeal to academics exploring the potential of new law making methods and practitioners looking to gain insight into emerging approaches to private law.
Critical Acclaim
‘This fine collection of essays challenges orthodox contract law thinking by offering evidence of how the boundary between contracting and contract law making is rapidly becoming porous, and by indicating how this must affect our understanding of what contract law is.’
– Martijn Hesselink, University of Amsterdam, the Netherlands

‘In his seminal work Regulating Contracts, Hugh Collins used an interdisciplinary approach to explore the purposes and effects of legal regulation of contractual relationships. Contract and Regulation takes up the issue from a different perspective. In exploring the three phenomena of “codes of conduct”, “networks”, and “compliance” the nine chapters of the book analyse the regulatory space in a “bottom-up” approach. Thus, the self-governing practices of contractors take centre stage, while the resulting repercussions on regulatory contract law legislation and adjudication are promising.’
– Gralf-Peter Calliess, University of Bremen, Germany
Contributors: A. Beckers, R. Brownsword, R. Condon, D. Leczykiewicz, M. Mataija, M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namysłowska, E.T.T. Tai, R. van Gestel, P. Verbruggen

Introduction - Contract and Regulation: Changing Paradigms

Part I Codes
1. Industry Codes of Conduct, the Foundations of Contract Law and Regulation: a Bottom-Up Perspective
Marie-Claire Menting

2. Corporate codes of conduct and contract law: A Doctrinal and Normative Perspective
Anna Beckers

3. EU Internal Market Law and Codes of Conduct,
Mislav Mataija

Part II Networks and Relations
4. From ‘The Law of A and B’ to Productive Learning at the Interfaces of Contract
Rónán Condon

5. Network Commercial Relationships: What Role for Contract Law?
Catherine Mitchell

6. Networks and Informal Contract Law
Eric Tjong Tjin Tai

Part III Compliance
7. Monitoring Compliance with Contracts and Regulations: Between Private and Public Law,
Monika Namyslowska

8. Private Regulatory Standards in Commercial Contracts: Questions of Compliance
Paul Verbruggen

9. Private Regulation, Compliance and Reviewability of Contracts
Dorota Leczykiewicz


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