International Regulatory Competition and Coordination Perspectives on Economic Regulation in Europe and the United States

by Bratton, William W.; McCahery, Joseph; Picciotto, Sol; Scott, Colin

• ISBN13: 9780198260356
• ISBN10: 0198260350
• Format: Hardcover
• Copyright: 1997-03-27
• Publisher: Clarendon Press

Summary

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 essays address the question of how legal institutions will emerge to mediate the dynamic of the new international marketplace; the technical problem of selecting the appropriate level of government for economic regulation; and 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.

Table of Contents

NOTES ON CONTRIBUTORS	ix	(2)
TABLE OF CASES	xi	(4)
TABLE OF STATUTES	xv
1. Introduction: Regulatory Competition and Institutional Evolution	1	(58)
William W. Bratton
Joseph McCahery
Sol Picciotto
Colin Scott
Part I. Global (Re)visions	59	(68)
2. Between the State, Law and the Market: The Social and Professional Stakes in the Construction and Definition of a Regulatory Arena	59	(30)
Yves Dezalay
3. The Regulatory Criss-Cross: Interaction between Jurisdictions and The Construction of Global Regulatory Networks	89	(38)
Sol Picciotto
Part 2. Regulatory Competition: Lessons from the USA Federal System	127	(162)
4. Explaining American Exceptionalism in Corporate Law	127	(26)
Roberta Romano
5. Federalism and Corporate Law: A Non-Delaware View of the Results of Competition	153	(32)
William J. Carney
6. European Capitalism: Between Freedom and Social Justice	185	(22)
Henk W. de Jong
7. Regulatory Competition as Regulatory Capture: The Case of Corporate Law in the USA	207	(32)
William W. Bratton
Joseph McCahery
8. Supply Side Inefficiencies and Competitive Federalism	239	(18)
Ian Ayres
9. Competitive Federalism and Legislative Incentives to Recognize Same-Sex Marriage	257	(32)
Jennifer Gerarda Brown
Part 3. Institutions and Regulatory Coordination: The Case of the EU	289	(126)
10. Competition Among Rules in the Single European Market	289	(34)
Stephen Woolcock
11. European Integration and a Pensions Problem: Coping with a Chameleon	323	(30)
Graham Moffat
12. Competitive and Non-Competitive Regulatory Markets: The Regulation of Packaging Waste in the EU	353	(26)
Joel R. Paul
13. Institutional Competition and Coordination in the Process of Telecommunications Liberalization	379	(36)
Colin Scott
Part 4. Shifts and Transitions in Global Governance	415	(74)
14. Dreaming Trade or Trading Dreams: The Limits of Trade Blocs	415	(28)
Daniel Drache
15. Labour in the Global Economy: Four Approaches to Transnational Labour Regulation	443	(28)
Katherine Stone
16. Competing Conceptions of Regulatory Competition in Debates on Trade Liberalization and Labour Standards	477	(12)
Brian A. Langille
BIBLIOGRAPHY	489	(42)
INDEX	531