Regulatory hybridization in the transnational sphere / edited by Paulius Jurčys, Poul F. Kjaer, Ren Yatsunami.

• TeilnehmendeR: Kjaer, Poul F.; Jurčys, Paulius.; Yatsunami, Ren.
• Year of Publication: 2013
• Language: English
• Series: Developments in international law, v. 65; Developments in International Law 65.
• Physical Description: 1 online resource (322 p.)
• Notes: Description based upon print version of record.

Hybridization has become a defining feature of regulatory frameworks. The combined forces of globalization and privatization together with increased reliance on self-regulation have resulted in the emergence of a multitude of regulatory arrangements which combine elements from several legal orders. This book offers a conceptual framework as well as numerous empirical explorations capable of increasing our understanding of regulatory hybridization. A number of central dichotomies are deconstructed: national vs. transnational law; international vs. transnational law; convergence vs. divergence; soft law vs. hard law; territorial vs. non-territorial, ‘top-down’ vs. ‘bottom-up’ globalization and national vs. global just as the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed. Contributors include: Poul Fritz Kjaer, Ino Augsberg, Jan Klabbers, Peer Zumbansen, Paulius Jurčys, Faye Fangfei Wang, Hideaki Shiroyama, Mark D. Fenwick, Nina Boerger, Joseph Corkin, Harm Schepel, Andreas Maurer, Adeline Chong, Ren Yatsunami, and Maebh Harding.

Table of Contents

pt. I. Contrasting concepts of national, international and transnational law -- pt. II. Technological and scientific driving forces of transnational hybrid regulation -- pt. III. Vertical conflicts : norm creation from "beneath" and from "above" -- pt. IV. Horizontal conflicts : the tension between public and private transnational norms -- pt. V. Conflict of laws and constitutionalization in the transnational sphere.