NON STATE REGULATORY REGIMES UNDERSTANDING INSTITUTIONAL TRANSFORMATION

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Non State Regulatory Regimes

Author : Myriam Senn
ISBN : 3642423124
Genre : Law
File Size : 25.1 MB
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Non-State Regulatory Regimes explores how the concept of regulation continues to evolve. The focus is placed on those forms of regulation that are different from state regulation or present alternatives to state regulation. Departing from an analysis of the goals and policies of the traditional regulatory state, the emergence of ‘regulation by other means’ is examined. The approach is interdisciplinary encompassing various perspectives be they legal, political, international relations-based, economic, or sociological. The task of comprehending non-state regulation is a daunting one. To date, a number of essays already exist, which concentrate on specific aspects of the issue. In comparison to these essays, this study is innovative in that it applies a holistic view. Linking public policy approaches to regulation, it draws a theoretical path to understanding the emergence and persistence of non-state jurisdictional assertions and regulatory regimes.
Category: Law

Outsourcing The Law

Author : Pauline Westerman
ISBN : 9781785365027
Genre :
File Size : 42.56 MB
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Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.
Category:

Realizing A New Global Cyberspace Framework

Author : Rolf H. Weber
ISBN : 9783662446775
Genre : Law
File Size : 62.91 MB
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In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.
Category: Law

Reconceptualising The Rule Of Law In Global Governance Resources Investment And Trade

Author : Photini Pazartzis
ISBN : 9781509901784
Genre : Law
File Size : 21.5 MB
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The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Category: Law

Comparative Law

Author : Mathias Siems
ISBN : 9781316865453
Genre : Law
File Size : 87.59 MB
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.
Category: Law

Regulatory Theory

Author : Peter Drahos
ISBN : 9781760461027
Genre : Law
File Size : 53.14 MB
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Category: Law

Transforming Microfinance Institutions

Author : Joanna Ledgerwood
ISBN : 0821366165
Genre : Business & Economics
File Size : 52.18 MB
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In response to a clear need by low-income people to gain access to the full range of financial services including savings, a growing number of microfinance NGOs are seeking guidelines to transform from credit-focused microfinance organizations to regulated deposit-taking financial intermediaries. In response to this trend, this book presents a practical 'how-to' manual for MFIs to develop the capacity to become licensed and regulated to mobilize deposits from the public. 'Transforming Microfinance Institutions' provides guidelines for regulators to license and regulate microfinance providers, and for transforming MFIs to meet the demands of two major new stakeholders regulators and shareholders. As such, it focuses on developing the capacity of NGO MFIs to mobilize and intermediate voluntary savings. Drawing from worldwide experience, it outlines how to manage the transformation process and address major strategic and operational issues inherent in transformation including competitive positioning, business planning, accessing capital and shareholders, and how to 'transform' the MFI's human resources, financial management, MIS, internal controls, and branch operations. Case studies then provide examples of developing a new regulatory tier for microfinance, and how a Ugandan NGO transformed to become a licensed financial intermediary. This book will be invaluable to regulators and microfinance NGOs contemplating institutional transformation and will be of tremendous use to donors and technical support agencies supporting MFIs in their transformation.
Category: Business & Economics

Transnational Legal Ordering And State Change

Author : Gregory C. Shaffer
ISBN : 9781107026117
Genre : Law
File Size : 89.82 MB
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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Category: Law

All Politics Is Global

Author : Daniel W. Drezner
ISBN : 1400828635
Genre : Political Science
File Size : 47.4 MB
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Has globalization diluted the power of national governments to regulate their own economies? Are international governmental and nongovernmental organizations weakening the hold of nation-states on global regulatory agendas? Many observers think so. But in All Politics Is Global, Daniel Drezner argues that this view is wrong. Despite globalization, states--especially the great powers--still dominate international regulatory regimes, and the regulatory goals of states are driven by their domestic interests. As Drezner shows, state size still matters. The great powers--the United States and the European Union--remain the key players in writing global regulations, and their power is due to the size of their internal economic markets. If they agree, there will be effective global governance. If they don't agree, governance will be fragmented or ineffective. And, paradoxically, the most powerful sources of great-power preferences are the least globalized elements of their economies. Testing this revisionist model of global regulatory governance on an unusually wide variety of cases, including the Internet, finance, genetically modified organisms, and intellectual property rights, Drezner shows why there is such disparity in the strength of international regulations.
Category: Political Science

Regulatory Politics In Transition

Author : Marc Allen Eisner
ISBN : 0801864925
Genre : Business & Economics
File Size : 60.67 MB
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In Regulatory Politics in Transition Marc Eisner argues that to understand fully the importance of regulatory policy we need to survey the critical policy shifts brought about during the Progressive period, the New Deal, and the contemporary period. Eisner adopts a regulatory regime framework to address the combination of policy change and institutional innovation across multiple policies in each period. For each of these periods Eisner examines economic structural changes and the prevailing political economic and administrative theories that conditioned the design of new policies and institutions. Throughout, Eisner adds a valuable historical dimension to the discussion of regulation, by showing how policies and institutions were shaped by particular historical and political circumstances. The new edition examines how the efficiency regime of the 1980s found a new expression in the regulatory reinvention during the Clinton presidency. Moreover, it explores the impact of globalization trends and international regimes upon the politics of regulation and asks whether a new global regime is on the horizon.
Category: Business & Economics