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Constructing A European Market

Author: Michelle Egan
Publisher: OUP Oxford
ISBN: 0191529524
Size: 58.93 MB
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Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.

The Constitution Of Private Governance

Author: Harm Schepel
Publisher: Bloomsbury Publishing
ISBN: 1847311075
Size: 28.33 MB
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In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.

Product Market Integration

Author: Maria Helena Guimarães
Publisher: Emerald Group Publishing
ISBN: 1849509867
Size: 68.39 MB
Format: PDF, Mobi
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This book presents the most recent research and the most updated accounts on product market integration. While the existing literature addresses the four dimensions of market integration (goods, services, capital and labour), this volume focuses on integration in goods markets. This is a cornerstone of economic integration and product markets are actually the most integrated markets in the European Union. Therefore, the EU appears as the case-study of this volume. The book is innovative as product market integration is analyzed from various disciplinary perspectives. Understanding product market integration requires more than one single discipline, be it economics, political science, law, sociology or management. The variety of approaches adopted by the various authors make the book appealing to a diversified audience: to academics, for the in-depth theoretical and empirical analyses it presents; to policymakers, as they may find insightful anticipations of future challenges in market integration; to practitioners, as it shows how the achievements and difficulties in product market integration may affect their business opportunities. Diversity is the richness of the volume and makes it unique. Such as in a kaleidoscope, the various chapters present the reader with different perceptions, issues and debates on product market integration. The book is organized around three main themes: plural perspectives and assessments of current market integration in the EU, empirical analyses of impediments to product market integration, and discussion of current challenges and future forms of market integration.

Creating A Transatlantic Marketplace

Author: Michelle P. Egan
Publisher: Manchester University Press
ISBN: 9780719071546
Size: 61.91 MB
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Looking at the current state of the EU - US trade relationship, this text studies attempts at economic integration and cooperation, arguing that it can provide information about the evolution of new policies and practices to manage the transatlantic economy.

Cross Border Class Actions

Author: Arnaud Nuyts
Publisher: Walter de Gruyter
ISBN: 3866539673
Size: 23.76 MB
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Whether with regard to mass torts or as means of private enforcement of antitrust policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. In the last years, some EU Member States have made their own attempts at collective redress institutions. In this book, distinguished experts evaluate the problems of cross-border class actions and make proposals for a "European way" appropriate for the 21st century.

Product Safety And Liability Law In Japan

Author: Luke Nottage
Publisher: Routledge
ISBN: 1134433891
Size: 40.94 MB
Format: PDF
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Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

The Regimes Of European Integration

Author: Shawn Donnelly
Publisher: Oxford University Press
ISBN: 0199579407
Size: 59.44 MB
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The Regimes of European Integration shows why international regimes get built or not and whether national governments delegate to the international level. It contains case studies in economic and social regulation in Germany, the UK, and within the European Union.

The Eurozone Crisis And The Transformation Of Eu Governance

Author: Maria João Rodrigues
Publisher: Routledge
ISBN: 1317032713
Size: 40.12 MB
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Research on European governance is central to understanding both the process of European integration and its external influence as a laboratory for multilateralism. This volume focuses on the impact of the recent Eurozone crisis and its far-reaching implications for European governance both inside and outside the EU borders. Ideal for classroom use, this volume covers: I. European modes of governance: concepts, recent trends and international implications with chapters by Lefkofridi & Schmitter, Cini, Borrs and Radaelli. II. The transformation of European economic governance with contributions by Fabbrini, Stoffaës, Collignon, Eising, Rasch and Rozbicka. III. The transformation of European social policy governance with Goetschy, Hemerijck, de la Porte and Heins. IV. The international implications of the transformation of EU governance highlighted by Rodrigues, Xiarchogiannopoulou and Mügge.

Risk Regulation And Administrative Constitutionalism

Author: Elizabeth Fisher
Publisher: Bloomsbury Publishing
ISBN: 1847313728
Size: 43.13 MB
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Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.

The Governance Of The Single European Market

Author: Kenneth A. Armstrong
Publisher: Manchester University Press
ISBN: 9780719044571
Size: 79.94 MB
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Authors analyse the Single European Market from its origins through to the present, exploring its political and legal dynamics, and develop a new conceptual approach to the study of European integration through the application of new institutional analysis.