The Legitimacy of Standardisation As a Regulatory Technique

The Legitimacy of Standardisation As a Regulatory Technique PDF Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
ISBN: 9781789902945
Category :
Languages : en
Pages : 336

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Book Description
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas.This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation.

The Legitimacy of Standardisation as a Regulatory Technique

The Legitimacy of Standardisation as a Regulatory Technique PDF Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
ISBN: 1789902959
Category : Law
Languages : en
Pages : 320

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Book Description
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.

The Interplay of Global Standards and EU Pharmaceutical Regulation

The Interplay of Global Standards and EU Pharmaceutical Regulation PDF Author: Sabrina Röttger-Wirtz
Publisher: Bloomsbury Publishing
ISBN: 1509943005
Category : Law
Languages : en
Pages : 256

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Book Description
This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union's reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.

The Law and Practice of Global ICT Standardization

The Law and Practice of Global ICT Standardization PDF Author: Olia Kanevskaia
Publisher: Cambridge University Press
ISBN: 1009300571
Category : Law
Languages : en
Pages : 389

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Book Description
This book explores how ICT standards, as powerful technical rules that affect society, emerge and are legitimised.

Transnational Securities Regulation

Transnational Securities Regulation PDF Author: Antonio Marcacci
Publisher: Springer Nature
ISBN: 3031180631
Category : Law
Languages : en
Pages : 518

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Book Description
The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Legal Pluralism in European Contract Law

Legal Pluralism in European Contract Law PDF Author: Vanessa Mak
Publisher: Oxford University Press
ISBN: 0192596683
Category : Law
Languages : en
Pages : 288

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Book Description
The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.

The Role of the EU in Transnational Legal Ordering

The Role of the EU in Transnational Legal Ordering PDF Author: Marta Cantero Gamito
Publisher: Edward Elgar Publishing
ISBN: 1788118413
Category : Law
Languages : en
Pages : 352

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Book Description
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

European Public Procurement

European Public Procurement PDF Author: Caranta, Roberto
Publisher: Edward Elgar Publishing
ISBN: 1789900689
Category : Law
Languages : en
Pages : 1040

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Book Description
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

Cambridge Yearbook of European Legal Studies, Vol 7, 2004-2005

Cambridge Yearbook of European Legal Studies, Vol 7, 2004-2005 PDF Author: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1847310753
Category : Law
Languages : en
Pages : 296

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Book Description
The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 7 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, Catherine Barnard, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, Claire Kilpatrick, Joanne Scott, Tony Smith, John Spencer Founding Editors: Alan Dashwood and Angela Ward

Digitalisation of Administrative Law and the Pandemic-Reaction

Digitalisation of Administrative Law and the Pandemic-Reaction PDF Author: Russell L. Weaver
Publisher: Cambridge Scholars Publishing
ISBN: 1527586839
Category : Political Science
Languages : en
Pages : 159

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Book Description
This book brings together prominent administrative law scholars to discuss current administrative issues. It addresses how administrative law has adapted to the COVID-19 pandemic and how to develop emergency responses in future cases. The book also considers the digitization and electronification of administrative law; a topic that gained increasing importance during the pandemic and will increasingly shape public law in the future.

The Legitimacy of Standardisation As a Regulatory Technique

The Legitimacy of Standardisation As a Regulatory Technique PDF Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
ISBN: 9781789902945
Category :
Languages : en
Pages : 336

View

Book Description
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas.This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation.

The Legitimacy of Standardisation as a Regulatory Technique

The Legitimacy of Standardisation as a Regulatory Technique PDF Author: Mariolina Eliantonio
Publisher: Edward Elgar Publishing
ISBN: 1789902959
Category : Law
Languages : en
Pages : 320

View

Book Description
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.

The Interplay of Global Standards and EU Pharmaceutical Regulation

The Interplay of Global Standards and EU Pharmaceutical Regulation PDF Author: Sabrina Röttger-Wirtz
Publisher: Bloomsbury Publishing
ISBN: 1509943005
Category : Law
Languages : en
Pages : 256

View

Book Description
This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union's reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.

The Law and Practice of Global ICT Standardization

The Law and Practice of Global ICT Standardization PDF Author: Olia Kanevskaia
Publisher: Cambridge University Press
ISBN: 1009300571
Category : Law
Languages : en
Pages : 389

View

Book Description
This book explores how ICT standards, as powerful technical rules that affect society, emerge and are legitimised.

Transnational Securities Regulation

Transnational Securities Regulation PDF Author: Antonio Marcacci
Publisher: Springer Nature
ISBN: 3031180631
Category : Law
Languages : en
Pages : 518

View

Book Description
The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.

Legal Pluralism in European Contract Law

Legal Pluralism in European Contract Law PDF Author: Vanessa Mak
Publisher: Oxford University Press
ISBN: 0192596683
Category : Law
Languages : en
Pages : 288

View

Book Description
The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.

The Role of the EU in Transnational Legal Ordering

The Role of the EU in Transnational Legal Ordering PDF Author: Marta Cantero Gamito
Publisher: Edward Elgar Publishing
ISBN: 1788118413
Category : Law
Languages : en
Pages : 352

View

Book Description
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

European Public Procurement

European Public Procurement PDF Author: Caranta, Roberto
Publisher: Edward Elgar Publishing
ISBN: 1789900689
Category : Law
Languages : en
Pages : 1040

View

Book Description
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

Cambridge Yearbook of European Legal Studies, Vol 7, 2004-2005

Cambridge Yearbook of European Legal Studies, Vol 7, 2004-2005 PDF Author: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1847310753
Category : Law
Languages : en
Pages : 296

View

Book Description
The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 7 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, Catherine Barnard, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, Claire Kilpatrick, Joanne Scott, Tony Smith, John Spencer Founding Editors: Alan Dashwood and Angela Ward

Digitalisation of Administrative Law and the Pandemic-Reaction

Digitalisation of Administrative Law and the Pandemic-Reaction PDF Author: Russell L. Weaver
Publisher: Cambridge Scholars Publishing
ISBN: 1527586839
Category : Political Science
Languages : en
Pages : 159

View

Book Description
This book brings together prominent administrative law scholars to discuss current administrative issues. It addresses how administrative law has adapted to the COVID-19 pandemic and how to develop emergency responses in future cases. The book also considers the digitization and electronification of administrative law; a topic that gained increasing importance during the pandemic and will increasingly shape public law in the future.