Overlapping Regulatory Spaces

Overlapping Regulatory Spaces
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.

Regulatory Stewardship of Health Research

Regulatory Stewardship of Health Research
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’.

Regulatory Theory

Regulatory Theory
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.

The New Regulatory Space

The New Regulatory Space
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

Deference in International Courts and Tribunals

Deference in International Courts and Tribunals
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.

Federalism and the Tug of War Within

Federalism and the Tug of War Within
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.

Governing the World's Biggest Market

Governing the World's Biggest Market
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.

Code of Federal Regulations

Code of Federal Regulations
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.

Independent Agencies in the United States

Independent Agencies in the United States
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.