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The Constitution of Private Governance: Product Standards in the Regulation of Integrating Markets


ISBN13: 9781841134871
ISBN: 1841134872
Published: February 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00



Despatched in 6 to 8 days.

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.

Subjects:
EU Law
Contents:
Introduction
1. The Rise of Private Governance: Functional Differentiation and Economic Globalisation
2. The European Community: Market Integration and Private Transnationalism
3. The United States: Deregulation and Legalisation
4. Standards in the European Union
5. Standards and Codes in the United States
6. International Harmonisation of Standards
7. Private Regulation in European Public Law
8. Private Regulation in American Public Law
9. Politics and the Economy: Linking Institutions in Competition Law
10. Custom, Science and Law: Linking Institutions in Tort
Conclusion The Constitution of Private Governance

Series: International Studies in the Theory of Private Law

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