Overlapping Regulatory Spaces
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Author | : Valentina Vadi |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Since the North American Free Trade Agreement was successfully negotiated in 1993, the provisions for investor-state arbitration under its Chapter 11 have put pressure on the regulatory spaces of the State Parties. Under Chapter 11, any investor alleging a breach of the treaty norms by a host State can file an arbitration claim. This diagonal dispute settlement mechanism has determined a growing stream of arbitrations, focusing inter alia on the interplay between the regulation of toxic chemicals by the host State and the substantive provisions of Chapter 11. The arbitration claims filed by investors against host States regarding the regulation of toxic chemicals by the latter include those related to the adoption of discriminatory policies, the expropriation of investments and the violation of the fair and equitable standard (FET). In a nutshell, the question is how to reconcile environmental protection with the promotion of foreign direct investment (FDI). Can the host State adopt precautionary policies? To what extent can and should policy influence risk regulation? Should investors be compensated if their toxic chemicals are banned from the market? Which standard of review should arbitral tribunals adopt to assess scientific evidence? This note explores all of these issues through an analysis of the Chemtura award.
Author | : Edward S. Dove |
Publisher | : Edward Elgar Publishing |
Total Pages | : 266 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1788975359 |
This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research. This thought-provoking book provides a new perspective on the regulation of health research by demonstrating how RECs and other regulatory actors seek to fulfil these two functions by performing a role of ‘regulatory stewardship’.
Author | : Peter Drahos |
Publisher | : ANU Press |
Total Pages | : 820 |
Release | : 2017-02-23 |
Genre | : Law |
ISBN | : 1760461024 |
This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Author | : Frank Vibert |
Publisher | : Edward Elgar Publishing |
Total Pages | : 237 |
Release | : 2014-05-30 |
Genre | : Political Science |
ISBN | : 1783476753 |
øThe New Regulatory Space is an interdisciplinary discussion and will appeal to scholars and researchers as well as advanced undergraduate and graduate students of public administration and regulation, political economy, law and society and law and reg
Author | : Lukasz Gruszczynski |
Publisher | : Oxford University Press, USA |
Total Pages | : 465 |
Release | : 2014 |
Genre | : Law |
ISBN | : 019871694X |
International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Author | : Erin Ryan |
Publisher | : Oxford University Press, USA |
Total Pages | : 429 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199737983 |
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Author | : Eric Helleiner |
Publisher | : Oxford University Press |
Total Pages | : 289 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 0190864575 |
What has been done since the 2008 financial crisis to reform the regulation of derivatives markets? The volume analyzes the goals, limitations, and unexpected outcomes associated with post-crisis international initiatives to regulate these markets, as well as the different transnational, inter-state, and domestic political dynamics that have shaped these outcomes.
Author | : |
Publisher | : |
Total Pages | : 1052 |
Release | : 1988 |
Genre | : Administrative law |
ISBN | : |
Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Author | : Professor Marshall J. Breger |
Publisher | : Oxford University Press |
Total Pages | : 576 |
Release | : 2015-04-01 |
Genre | : Law |
ISBN | : 0190266821 |
It is essential for anyone involved in law, politics, and government to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector. Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for "contracting out," self-regulation and incorporation by reference of private standards. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.
Author | : Anastasia Loukaitou-Sideris |
Publisher | : MIT Press |
Total Pages | : 344 |
Release | : 2009 |
Genre | : Public spaces |
ISBN | : 026212307X |
Urban sidewalks, critical but undervalued public spaces, have been sites for political demonstrations and urban greening, promenades for the wealthy and the well-dressed, and shelterless shelters for the homeless. On sidewalks, decade after decade, urbanites have socialized, paraded and played, sold their wares, and observed city life. These uses often overlap and conflict, and urban residents and planners try to include some and exclude others. In this first book-length analysis of the sidewalk as a distinct public space, Anastasia Loukaitou-Sideris and Renia Ehrenfeucht examine the evolution of the American urban sidewalk and trace conflicts that have arisen over its competing uses. They discuss the characteristics of sidewalks as small urban public spaces, and such related issues as the ambiguous boundaries of their 'public' status, contestation around specific uses, control and regulations, and the implications for First Amendment speech and assembly rights. Drawing on historical and contemporary examples as well as case study research and archival data from five cities - Boston, Los Angeles, New York, Miami, and Seattle - the authors focus on how the functions and meanings of street activities have shifted and have been negotiated through controls and interventions. They consider sidewalk uses that include the display of individual and group identities (in ethnic and pride parades, for example), the everyday politics of sidewalk access, and larger political actions (including Seattle's 1999 antiglobalization protests), and examine the complex regulatory frameworks that manage street and sidewalk life. The role of urban sidewalks in the early twenty-first century depends, the authors conclude, on what we want from sidewalk life and how we balance competing interests.