Abstract

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 as well as national vs. global. In addition, the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed. List of Content: Poul F. Kjaer: Introduction. Ino Augsberg: Observing (the) Law: The “Epistemological Turn” in Public Law and the Evolution of Global Administrative Law. Jan Klabbers: Of Round Pegs and Square Holes: International Law and the Private Sector. Peer Zumbansen: Law and Legal Pluralism: Hybridity in Transnational Governance. Paulius Jurčys: Regulatory Hybridization in International Intellectual Property Law. Faye Fangfei Wang: Regulation of Internet Jurisdiction for B2B Commercial Transactions: EU and US Compared. Hideaki Shiroyama: Dynamics of International Harmonization and Divergence of Safety Standards: The Regulatory Hybridization of Automobile and Food Safety. Nina Boeger and Joseph Corkin: Are Expert Networks Driving the Trend towards Soft Transnational Coordination? Mark Fenwick: Transnational Regulatory Networks. Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation. Andreas Maurer: The Concept of Participation in the Making of Transnational Law: Legitimization and Normativity in the Transnational Sphere. Adeline Chong: State Immunity and Breaches of Fundamental Human Rights. Ren Yatsunami: The Impact of Transnational Customs on Private International Law. Maebh Harding: Does Transnational Family Law Exist? Should Adult Relationships be Freed from National Protective Norms? Poul F. Kjaer: Between Integration and Compatibility: The Reconfiguration of Cognitive and Normative Structures in Transnational Hybrid Law