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The Constitution of Private Governance
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.
eBook
Running the world’s markets
The efficiency, safety, and soundness of financial markets depend on the operation of core infrastructure--exchanges, central counter-parties, and central securities depositories. How these institutions are governed critically affects their performance. Yet, despite their importance, there is little certainty, still less a global consensus, about their governance.Running the World's Marketsexamines how markets are, and should be, run.
Utilizing a wide variety of arguments and examples from throughout the world, Ruben Lee identifies and evaluates the similarities and differences between exchanges, central counter-parties, and central securities depositories. Drawing on knowledge and experience from various disciplines, including business, economics, finance, law, politics, and regulation, Lee employs a range of methodologies to tackle different goals. Conceptual analysis is used to examine theoretical issues, survey evidence to describe key aspects of how market infrastructure institutions are governed and regulated globally, and case studies to detail the particular situations and decisions at specific institutions. The combination of these approaches provides a unique and rich foundation for evaluating the complex issues raised.
Lee analyzes efficient forms of governance, how regulatory powers should be allocated, and whether regulatory intervention in governance is desirable. He presents guidelines for identifying the optimal governance model for any market infrastructure institution within the context of its specific environment.
Running the World's Marketsprovides a definitive and peerless reference for how to govern and regulate financial markets
eBook
Improving access to HIV/AIDS medicines in Africa : trade-related aspects of intellectual property rights flexibilities
The study begins with an overview of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and its flexibilities, delineating the legal requirements of the TRIPS agreement regarding their use. It then examines the challenges entailed in the beneficial interpretation and implementation of the TRIPS agreement at both the national and regional levels under the auspices of African Regional Intellectual Property Organization (ARIPO) and African Intellectual Property Organization (OAPI). The next section reviews the domestic antiretroviral (ARV) production experiences of Zimbabwe, Kenya, South Africa, and Ghana with an eye for evaluating the option of sustainable local production. The study is based on existing literature and on interaction with various key players and resource persons in government institutions, the private sector, and civil society groups, especially nongovernmental organizations (NGOs) at the national level. Information was gathered from officials of the regional patent institutions, OAPI and ARIPO, along with official documents of these institutions. International organizations involved in HIV/AIDS work in Sub-Saharan Africa (SSA) also provided input. The study was conducted under considerable time and logistical constraints, making it difficult to meet and interview all the persons that the authors wished to consult during travel across the African continent. Another limitation was the lack of an easily accessible database on ARVs and other HIV/AIDS medicines being used in Africa, their patent status, and their relative prices. National drug procurement bodies were often reluctant to divulge information on prices and quantities of medicines obtained.
eBook
Business Regulation and Non-State Actors
This volume assesses the achievements and limitations of a new set of non-state or multistakeholder institutions that are concerned with improving the social and environmental record of business, and holding corporations to account. It does so from a perspective that aims to address two limitations that often characterize this field of inquiry. First, fragmentation: articles or books typically focus on one or a handful of cases. Second, the development dimension: what does such regulation imply for developing countries and subaltern groups in terms of well-being, empowerment and sustainability? This volume examines more than 20 initiatives or institutions associated with different regulatory and development approaches, including the business-friendly corporate social responsibility (CSR) agenda, 'corporate accountability' and 'fair trade' or social economy.
eBook
European Law in the Past and the Future
As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.
eBook