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Comparative Law and Regulation
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Digitalisation, Sustainability, and the Banking and Capital Markets Union
This book covers three topics that have dominated financial market regulation and supervision debates: digital finance, sustainable finance, and the Banking and Capital Markets Union. Within the first part, seven chapters will tackle specific questions arising in digital finance, including but not limited to artificial intelligence, tokenisation, and international regulatory cooperation in digital financial services. The second part addresses one of humanity’s most pressing issues today: the climate crisis. The quest for sustainable finance is driven by political actors and a common understanding that climate change is a severe threat. As financial institutions are a cornerstone of human i...
Comparative Administrative Law
This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to...
Uniformity of Customs Administration in the European Union
Uniform customs administration is of great importance for the EU and the competitiveness of EU businesses in global trade. However, the EU's so-called executive federalism raises the potential for the non-uniform application of EU customs law. This problem has already arisen in the European Communities – Selected Customs Matters WTO dispute settlement. Therefore, the central research question of this book concerns the challenge presented to executive federalism in the EU Customs Union by the WTO. It also examines those safeguard measures for uniform customs administration which are in operation. Valuable empirical analysis of the decision-making procedures and practices of the national cus...
Automated Decision-Making and Effective Remedies
This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection
Risk Regulation in the Internal Market
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and...
Ombudsman as a Global Institution
This book explores the ombudsman as a global institution. It has spread all over the world and its institutional development is increasingly being governed transnationally. Initially an institution of administrative law, the ombudsman has become a human rights institution and institution of good governance. These ideational shifts have influenced the global diffusion of the ombudsman but also the way in which this institution of accountability functions. The ombudsman is a peculiar institution of public accountability - both an institution and individual - that observes changes in the general political climate and engages in renegotiations of its intra-institutional position. The global models associated with the ombudsman are a source of organizational ideas, legitimacy, and sense of orientation, but they treat institutional actors differently, working also as mechanisms of inclusion and exclusion. The book tracks the global diffusion and institutional evolution of the ombudsman. Its chapters on institutional cases further explore the joint institutional history of the Parliamentary Ombudsman and the Chancellor of Justice in Finland, and the European Ombudsman.
Patents and Global Administrative Law
The book applies values and concepts from Global Administrative Law (GAL) to international patent law, demonstrating how limiting technocratic and overly economic language can be. Highlighting the administrative foundations of patent law, the book argues that, in its international form, it can be analysed using the same principles of participation, transparency, and accountability found in national administrative law. At the heart of the book is a simple question: What does international patent law look like when we approach it through the lens of these values? What is being left out when patent law is described predominantly in terms of its technical legal provisions or economic impact? The...
Delegated Legislation and the Role of Committees in the EC
This book is the outcome of a research seminar with the title of `Delegation of Legislative Powers in the European Community: the Role of Committees' that was held in London on 16 and 17 January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition o...
