The Role of the EU in Transnational Legal Ordering
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The Role of the EU in Transnational Legal Ordering

Standards, Contracts and Codes

Edited by Marta Cantero Gamito and Hans -W. Micklitz

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
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Chapter 13: Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law

Rodrigo Vallejo

Abstract

Drawing upon the experience of travelling into foreign places as a guiding metaphor, this chapter argues that any analytical venture seeking to map the external effect of a domestic legal field entails a reflective facet that is usually expressed in the very terms and parameters that have been selected to orientate the examination. On this basis, the chapter proceeds in three steps. First, it situates the analytical endeavour of studying the external dimension of European regulatory private law (ED-ERPL) within the context of a perceived legitimation crisis of the EU and its legal order, to query about the overall meaning and significance of this endeavour. By interconnecting the various chapters in this volume with previous instantiations of the ERPL project and broader EU legal scholarship on the topic, second, it sketches the idea of a private administrative law as a conceptual framework that could productively integrate the understanding and assessment about how EU law is shaping the exercise of private regulatory authority through standards, contracts or codes. Finally, to emphasize the reflective facet regardingforthcoming ERPL voyages into foreign regulatory places, the chapter concludes by outlining some immanent analytical, methodological and normative challenges that are already looming on the horizon.

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