Regulatory Hybridization in the Transnational Sphere
Paulius Jur Ys, Poul F. Kjaer, Ren Yatsunami - Martinus Nijhoff Publishers, 2013
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| Anteprima del libro |
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 and national vs. global just as the implications of
regulatory hybridization for the question of choice of court and
conflict of laws are analyzed.
