Description
Book SynopsisThis 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 the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes.
Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards.
The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial.
Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. Warwas
Trade Review'The book fills an important gap between the literature on EU external relations and the literature on transitional (private) law as well as global administrative law. The book is certainly a very recommended read: for public and private law researchers with an interest in standardization on EU and global level; for scholars that work in the blurring borderline of public law and private regulation; and to practitioners working in the respective fields covered in the book chapters who may find it is of value to them.' -- Sabrina Röttger-Wirtz, Review of European Administrative Law
'This fascinating book breaks important new ground in exploring the private mechanisms of transnational legal ordering through contracts, standards, and codes. It shows the major role played by the European Union, even given the serious internal challenges the EU faces.' --Gregory Shaffer, Georgetown University Law Center, US
'The private dimension of the EU's external governance is a topic that is important yet under-explored. This book brings a rich set of diverse contributions under a unified conceptual framework, advancing a conversation that anyone interested in global governance, transnational legal order, or the EU's global role will find highly valuable.' --Anu Bradford, Columbia Law School, US
Table of ContentsContents: PART I INTRODUCTION: THE CONCEPTUAL DIMENSION 1 The role of the EU in the transnational governance of standards, contracts and codes 2 Marta Cantero Gamito PART II THE ROLE OF THE EU IN THE TRANSNATIONAL GOVERNANCE OF STANDARDS, CONTRACTS AND CODES 2 Private standards as a replacement for public lawmaking? 27 Rob van Gestel and Peter van Lochem 3 Private food safety standards, private law and the EU: exploring the linkages in constitutionalization 54 Paul Verbruggen 4 EU rules and values, transnational legal ordering, and international arbitration 80 Barbara Warwas 5 The standardization of the internet and the international harmonization of ecommerce 100 Gerald Spindler 6 Self-regulation and regulatory intermediation in the platform economy 115 Christoph Busch 7 Private standard setting in the TBT Agreement: control and recognition 135 Mislav Mataija 8 Standardization of standard contracts: fairness in EU energy exchanges 155 Lucila de Almeida 9 EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies 180 Teemu Juutilainen 10 Standardizing intrafirm processes worldwide: product governance between IOSCO and the EU 200 Antonio Marcacci 11 SME inclusion: codes of conduct in the food supply chain 221 María Paz de la Cuesta de los Mozos 12 The Dutch Banking Agreement on Human Rights: a blueprint for EU governance? 239 Kinanya Pijl PART III CONCLUSIONS: THE NORMATIVE DIMENSION 13 Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law 265 Rodrigo Vallejo 14 Epilogue: the role of the EU in the external reach of regulatory private law – gentle civiliser or neoliberal hegemon? 299 Hans-W. Micklitz Index 322
