Regulatory Competition and Economic Integration Comparative Perspectives

by Esty, Daniel C.; Damien, Geradin

• ISBN13: 9780198299059
• ISBN10: 0198299052
• Format: Hardcover
• Copyright: 2001-04-12
• Publisher: Oxford University Press

Summary

This study addresses one of the hottest policy questions on both sides of the Atlantic--at what level of government should regulation be undertaken?. The editors bring together leading scholars to examine the various aspects of the debate between "harmonization" and "regulatory competition" across three comparative dimensions. The book provides a sharp focus on the circumstances that would yield gains from regulatory competition and to contrast those cases where heightened cooperation in standard setting or broader regulatory harmonization might increase social welfare.

Table of Contents

List of Contributors	xiii
Introduction	xix
Daniel C. Esty
Damien Geradin
I Introduction to Regulatory Competition Theory
Federalism and Regulation: Some Generalizations	3	(27)
Richard Revesz
Regulatory Co-Opetition	30	(19)
Daniel C. Esty
Damien Geradin
II Regulatory Competition Theory in the US System
Some Observations Concerning Multijurisdictional Tax Competition	49	(19)
Daniel Shaviro
Federalism and Takeover Law: The Race to Protect Managers from Takeovers	68	(27)
Lucian Arye Bebchuk
Allen Ferrell
Regulatory Competition in the US Federal System: Banking and Financial Services	95	(16)
Jonathan R. Macey
Labour Federalism in the United States: Lessons for Coordinated Decentralization in Supranational Regimes	111	(24)
Mark Barenberg
Environmental Federalism in the United States: The Risks of Devolution	135	(22)
Kirsten Engel
Susan Rose-Ackerman
III Regulatory Competition Theory in the EU Context
Fiscal Federalism, Jurisdictional Competition, and Tax Coordination: Translating Theory to Policy in the European Union	157	(33)
William Bratton
Joseph McCahery
Regulatory Competition versus Harmonization in European Company Law	190	(28)
Simon Deakin
Regulatory Competition for EU Financial Services	218	(23)
Gerard Hertig
Regulatory Competition in the EU System: Labour	241	(22)
Brian Bercusson
Regulatory Competition vs Harmonization in EU Environmental Law	263	(26)
Michael Faure
IV Regulatory Competition at the Global Scale
Regulatory Competition and Regulatory Jurisdiction in International Securities Regulation	289	(22)
Joel P. Trachtman
Regulatory Competition and the Global Coordination of Labour Standards	311	(19)
David Chamy
Enviornmental Regulation and Economic Integration	330	(18)
David Vogel
Antitrust Law on a Global Scale: Races Up, Down, and Sideways	348	(16)
Eleanor M. Fox
The TRIPS Agreement: A Response to Global Regulatory Competition or an Exercise in Global Regulatory Coercion?	364	(18)
Inge Govaere
Paul Demaret
Bibliography	382	(39)
Index	421