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

The Constitution of Private Governance

Product Standards in the Regulation of Integrating Markets

Hardcover Published: 23rd February 2005
ISBN: 9781841134871
Number Of Pages: 504

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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 analyzes the ways in which legal systems can and do recognize 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.

...this elegantly written book paints the big picture..and the narrative is unusually helpful in guiding the reader through the complexity, which should ensure the book's value and interest... Stephen Weatherill European Law Review 2006

The rise of private governance : functional differentiation and economic globalisation
The European community : market integration and private transnationalism
The United States : deregulation and legalisation
Standards in the European Union
Standards and codes in the United States
International harmonisation of standards
Private regulation in European public law
Private regulation in American public law
Politics and the economy : linking institutions in competition law
Custom, science and law : linking institutions in tort
Conclusion : the constitution of private governance
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134871
ISBN-10: 1841134872
Series: International Studies in the Theory of Private Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 504
Published: 23rd February 2005
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 3.9
Weight (kg): 0.86
Edition Number: 1