Table of Contents

Comparative Law and Regulation

Comparative Law and Regulation

Understanding the Global Regulatory Process

Research Handbooks in Comparative Law series

Edited by Francesca Bignami and David Zaring

Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

Chapter 16: Transplanting law in a globalized world: private transnational regulation and the legal transplant paradigm

Jodi L. Short

Subjects: law - academic, comparative law, regulation and governance

Extract

The legal transplant and diffusion literature has long been interested in how legal rules and institutions travel from one legal system to another and the transformations they undergo on the journey: the uptake of Roman law by various countries in medieval Europe (Watson, 1974; Wieacker, 1995), the imposition of European law and legal systems on the colonies (Watson, 1974; Beck and Levine, 2005; Larmour, 2005), the post-WWII adoption of western legal rules and institutions by non-western states (…rücü, 1999), the large-scale borrowing of legal reforms by former socialist countries in the late 1980s and 1990s (Ajani, 1995; Pistor, 2000), and the implementation of international and supranational law in various national jurisdictions (Merry, 2006; Linos, 2007; Lefranc, 2010; Seroussi, 2010) are just a few of the itineraries commonly studied. While this literature highlights the fact that even in the golden era of the nation state law has always been borrowed from elsewhere, it has focused on a narrow range of objects, actors, and outcomes that have limited its ability to address how rules and norms traverse a globalized world. Today, legal rules travel the globe not only (and perhaps not even predominantly) through governmental channels, but rather via a complex web of private actors. Nongovernmental organizations (NGOs) and activists in transnational advocacy networks promote norms and transmit rules from one place to another (Keck and Sikkink, 1998; Merry, 2006).

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