Coverart for item
The Resource The Constitution of Private Governance : Product Standards in the Regulation of Integrating Markets, (electronic resource)

The Constitution of Private Governance : Product Standards in the Regulation of Integrating Markets, (electronic resource)

Label
The Constitution of Private Governance : Product Standards in the Regulation of Integrating Markets
Title
The Constitution of Private Governance
Title remainder
Product Standards in the Regulation of Integrating Markets
Creator
Subject
Language
eng
Summary
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
Member of
Cataloging source
AU-PeEL
http://library.link/vocab/creatorName
Schepel, Harm
Nature of contents
dictionaries
Series statement
  • ProQuest Ebook Central
  • International studies in the theory of private law
http://library.link/vocab/subjectName
  • Customary law
  • Globalization
  • Product safety
  • Product safety
Label
The Constitution of Private Governance : Product Standards in the Regulation of Integrating Markets, (electronic resource)
Link
https://ebookcentral.proquest.com/lib/eui/detail.action?docID=1772547
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Half Title verso; Title Page; Title verso; Contents; Acknowledgements; Abbreviations; Table of Cases; Introduction; 1. The Rise of Private Governance: Functional Differentiation and Economic Globalisation; 1. INTRODUCTION; 2. DIFFERENTIATION AND GLOBALISATION: LOGICS OF ASSOCIATIVE GOVERNANCE; 3. FROM GOVERNMENT TO GOVERNANCE; 4. THE LEGAL REGULATION OF PRIVATE GOVERNANCE; 5. CONCLUSION; 2. The European Community: Market Integration and Private Transnationalism; 1. INTRODUCTION; 2. MEMBER STATES, STANDARDS AND THE REACH OF NEGATIVE INTEGRATION
  • 3. MEMBER STATES, STANDARDS AND THE REACH OF POSITIVE INTEGRATION4. EMBEDDING STANDARDS IN EUROPEAN LAW; 5. EMBEDDING STANDARDISATION IN EUROPEAN GOVERNANCE; 6. CONCLUSION; 3. The United States: Deregulation and Legalisation; 1. INTRODUCTION; 2. INFORMAL RULEMAKING; 3. NEGOTIATED RULEMAKING; 4. RULEMAKING BY RELIANCE ON PRIVATE STANDARDS; 5. CONCLUSION; 4. Standards in the European Union; 1. INTRODUCTION; 2. 'EUROPEAN' STANDARDS; 3. THE EUROPEANISATION OF STANDARDISATION; 4. 'NATIONAL' STANDARDS; 5. GERMANY; 6. UNITED KINGDOM; 7. FRANCE; 8. SPAIN; 9. ITALY; 10. THE NETHERLANDS; 11. IRELAND
  • 12. CONCLUSION5. Standards and Codes in the United States; 1. INTRODUCTION; 2. THE PRIVATE STANDARDISATION SYSTEM; 3. THE BATTLE OF THE BUILDING CODES; 4. CONCLUSION; 6. International Harmonisation of Standards; 1. INTRODUCTION; 2. STANDARDS AND INTERNATIONAL FREE TRADE; 3. STANDARDS AND FREE TRADE IN THE AMERICAS; 4. CONCLUSION; 7. Private Regulation in European Public Law; 1. INTRODUCTION; 2. GENERAL PRINCIPLES OF THE NEW APPROACH; 3. INSTRUMENTS OF REGULATION ON COMMUNITY LEVEL; 4. PROPOSALS FOR THE JURIDIFICATION OF STANDARDISATION; 5. JUDICIAL REVIEW OF THE LEGAL RECEPTION OF STANDARDS
  • 6. DELEGATION REVISITED7. CONCLUSION; 8. Private Regulation in American Public Law; 1. INTRODUCTION; 2. THE NONDELEGATION DOCTRINE IN THE UNITED STATES: THE DEFINITION OF 'LAWMAKING'; 3. ADMINISTRATIVE LAW AS CONSTITUTIONAL LAW: THE FEDERAL NONDELEGATION DOCTRINE; 4. A HARD LOOK AT THE ADMINISTRATIVE ADOPTION OF STANDARDS; 5. CONCLUSION; 9. Politics and the Economy: Linking Institutions in Competition Law; 1. INTRODUCTION; 2. CERTIFICATION AND ABUSE: THE UNITED STATES; 3. CERTIFICATION AND ABUSE: THE EUROPEAN COMMUNITY; 4. ANTITRUST IMMUNITY: THE UNITED STATES
  • 5. ANTITRUST IMMUNITY: THE EUROPEAN COMMUNITY6. CONCLUSION; 10. Custom, Science and Law: Linking Institutions in Tort; 1. INTRODUCTION; 2. NEGLIGENCE AND THE JURIDIFICATION OF CUSTOM; 3. PRODUCT LIABILITY LAW; 4. LIABILITY FOR STANDARDS BODIES; 5. CONCLUSION; Conclusion; 1. INTRODUCTION; 2. GLOBAL LAW WITHOUT A STATE; 3. THE LEGITIMACY OF GLOBAL PRIVATE GOVERNANCE; 4. THE CONSTITUTION OF GLOBAL PRIVATE GOVERNANCE; References; Index
Control code
u390422
Dimensions
unknown
Extent
1 online resource (498 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311078
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1772547
  • (OCoLC)1055564545
Label
The Constitution of Private Governance : Product Standards in the Regulation of Integrating Markets, (electronic resource)
Link
https://ebookcentral.proquest.com/lib/eui/detail.action?docID=1772547
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Half Title verso; Title Page; Title verso; Contents; Acknowledgements; Abbreviations; Table of Cases; Introduction; 1. The Rise of Private Governance: Functional Differentiation and Economic Globalisation; 1. INTRODUCTION; 2. DIFFERENTIATION AND GLOBALISATION: LOGICS OF ASSOCIATIVE GOVERNANCE; 3. FROM GOVERNMENT TO GOVERNANCE; 4. THE LEGAL REGULATION OF PRIVATE GOVERNANCE; 5. CONCLUSION; 2. The European Community: Market Integration and Private Transnationalism; 1. INTRODUCTION; 2. MEMBER STATES, STANDARDS AND THE REACH OF NEGATIVE INTEGRATION
  • 3. MEMBER STATES, STANDARDS AND THE REACH OF POSITIVE INTEGRATION4. EMBEDDING STANDARDS IN EUROPEAN LAW; 5. EMBEDDING STANDARDISATION IN EUROPEAN GOVERNANCE; 6. CONCLUSION; 3. The United States: Deregulation and Legalisation; 1. INTRODUCTION; 2. INFORMAL RULEMAKING; 3. NEGOTIATED RULEMAKING; 4. RULEMAKING BY RELIANCE ON PRIVATE STANDARDS; 5. CONCLUSION; 4. Standards in the European Union; 1. INTRODUCTION; 2. 'EUROPEAN' STANDARDS; 3. THE EUROPEANISATION OF STANDARDISATION; 4. 'NATIONAL' STANDARDS; 5. GERMANY; 6. UNITED KINGDOM; 7. FRANCE; 8. SPAIN; 9. ITALY; 10. THE NETHERLANDS; 11. IRELAND
  • 12. CONCLUSION5. Standards and Codes in the United States; 1. INTRODUCTION; 2. THE PRIVATE STANDARDISATION SYSTEM; 3. THE BATTLE OF THE BUILDING CODES; 4. CONCLUSION; 6. International Harmonisation of Standards; 1. INTRODUCTION; 2. STANDARDS AND INTERNATIONAL FREE TRADE; 3. STANDARDS AND FREE TRADE IN THE AMERICAS; 4. CONCLUSION; 7. Private Regulation in European Public Law; 1. INTRODUCTION; 2. GENERAL PRINCIPLES OF THE NEW APPROACH; 3. INSTRUMENTS OF REGULATION ON COMMUNITY LEVEL; 4. PROPOSALS FOR THE JURIDIFICATION OF STANDARDISATION; 5. JUDICIAL REVIEW OF THE LEGAL RECEPTION OF STANDARDS
  • 6. DELEGATION REVISITED7. CONCLUSION; 8. Private Regulation in American Public Law; 1. INTRODUCTION; 2. THE NONDELEGATION DOCTRINE IN THE UNITED STATES: THE DEFINITION OF 'LAWMAKING'; 3. ADMINISTRATIVE LAW AS CONSTITUTIONAL LAW: THE FEDERAL NONDELEGATION DOCTRINE; 4. A HARD LOOK AT THE ADMINISTRATIVE ADOPTION OF STANDARDS; 5. CONCLUSION; 9. Politics and the Economy: Linking Institutions in Competition Law; 1. INTRODUCTION; 2. CERTIFICATION AND ABUSE: THE UNITED STATES; 3. CERTIFICATION AND ABUSE: THE EUROPEAN COMMUNITY; 4. ANTITRUST IMMUNITY: THE UNITED STATES
  • 5. ANTITRUST IMMUNITY: THE EUROPEAN COMMUNITY6. CONCLUSION; 10. Custom, Science and Law: Linking Institutions in Tort; 1. INTRODUCTION; 2. NEGLIGENCE AND THE JURIDIFICATION OF CUSTOM; 3. PRODUCT LIABILITY LAW; 4. LIABILITY FOR STANDARDS BODIES; 5. CONCLUSION; Conclusion; 1. INTRODUCTION; 2. GLOBAL LAW WITHOUT A STATE; 3. THE LEGITIMACY OF GLOBAL PRIVATE GOVERNANCE; 4. THE CONSTITUTION OF GLOBAL PRIVATE GOVERNANCE; References; Index
Control code
u390422
Dimensions
unknown
Extent
1 online resource (498 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311078
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1772547
  • (OCoLC)1055564545

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...