International Regulatory Competition and Coordination
Perspectives on Economic Regulation in Europe and the United States
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Product details:
- Publisher Clarendon Press
- Date of Publication 16 January 1997
- ISBN 9780198260356
- Binding Hardback
- No. of pages564 pages
- Size 243x163x35 mm
- Weight 1031 g
- Language English
- Illustrations line figures, tables 0
Categories
Short description:
This new collection of essays by an international group of lawyers and social scientists examines the pattern of regulation now being put in place to cope with the major transformation in the territorial organization of economic activity and of political power. The dramatic emergence of private regulatory systems and new legal regimes raises questions about the relationship between state sovereignty and the governance of economic activities. International regulatory competition is an important dimension of the formation of transnational legal regimes and at the same time influences national legal fields. This book takes the perspective that the regulatory implcations of economic globalization can be made intelligble by reference to existing local, national and international legal institutions and regulations and the mediative activities of the lawyers and other intermediaries whose behaviour patterns remain shaped by those institutions. The essays address each of the three of the concerns that provide the focal points for debates about the global markets' challenge to national regulation. First, is the questions of how legal institutions will emerge to mediate the dynamic of the new international marketplace; second, the technical problem of selecting the appropriate level of government for economic regulation; and third, the concern that the global economy's operation outside of the control of national regulation will, absent of developed international legal institutions, frustrate the democratic process.
MoreLong description:
The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and the newly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's special economic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate market access, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awareness and concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically.
The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the first which deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and social insterests.
This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.