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Article

Access_open Public and Private Regulation

Mapping the Labyrinth

Journal The Dovenschmidt Quarterly, Issue 1 2012
Keywords private regulation, regulatory impact assessment, standard-setting, voluntary certification, sustainabbility reporting, effectiveness indicators, governance indicators
Authors Fabrizio Cafaggi and Andrea Renda
AbstractAuthor's information

    Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences like in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policymakers award priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policymakers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: (i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; (ii) Involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and (iii) Contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.


Fabrizio Cafaggi
European University Institute, Fiesole Università di Trento (F. Cafaggi).

Andrea Renda
LUISS Guido Carli, Rome; Centre for European Policy Studies, Brussels; European University Institute, Fiesole (A. Renda).

Julian Gresser
Julian Gresser is a management consultant, international lawyer, professional negotiator and Japan specialist. He has twice been Visiting Mitsubishi Professor at the Harvard Law School and has served as an advisor to the US State Department, The World Bank, the European Commission, and the Prime Minister's Office of Japan. He is the author of Environmental Law in Japan (1981), Partners in Prosperity: Strategic Industries for the US in Japan (1984), and Piloting Through Chaos: Wise Leadership/Effective Negotiation for the 21st Century (1996). Mr Gresser is the Chairman of the Council on Alliance Mediation in the Association for Strategic Alliance Professionals (ASAP).

Toni M. Fine
Director, Graduate and International Programs at Benjamin Cardozo School of Law. From 1998-2000, the author was Associate Director of the Global Law School Program at New York University School of Law. Chair, Association of American Law Schools Section on Graduate Programs for Foreign Students; Author of American Legal Systems: A Resource and Reference Guide (Anderson, 1997).

Frank Bates
Professor of Law, University of Newcastle (NSW). Paper presented to the Annual Conference of the Society of Legal Scholars, Sheffield, September 2004.

William Robinson
The author is a coordinator in the Legal Revisers Group of the European Commission's Legal Service. The views expressed are his own and do not necessarily reflect those of the Commission. This article focuses on the drafting processes in a standard procedure for the adoption of an EC act by the European Parliament and the Council and is far from exhaustive.

Alfred Kellermann
Team Leader EU Project Strengthening the Ministry of European Integration in Tirana; Legal and Policy Advisor T.M.C Asser Institute, the Hague.

La Toya James
Crown Counsel, Government of the Virgin Islands, Road Town, Tortola, British Virgin Islands.
Article

Legislative Drafting and Human Rights

The Example of the European Arrest Warrant

Journal European Journal of Law Reform, Issue 2 2011
Keywords rule of law, drafting EU legislation, Framework Decision 2002/584 on the European Arrest Warrant
Authors William Robinson
AbstractAuthor's information

    This article considers some of the requirements for good laws, focusing in particular on the drafters’ perspective. It looks first in general terms at the requirements forming part of the rule of law that laws be accessible and predictable. It then examines the drafting of laws in the European Union: how it is done; the concern to make EU laws accessible; and specific features of EU legislative drafting rules and practices, illustrated by reference to Framework Decision 2002/584.


William Robinson
Sir William Dale Visiting Fellow, Institute of Advanced Legal Studies, London.

    Contemporary literature on the use of force has been saturated with arguments and counter arguments relating to the extant regime of the use of force as it should relate to non-state actors. The discussions have however proceeded on the assumption that the problem of the unregulated use of force by non-state entities is limited to group of persons – unorganised non-state actors – pursuing legitimate or non-legitimate agenda. The arguments seems to overlook the existence of a group of States (organised non-state actors) – international organisations – which pose even greater threat to the Charter paradigm of the use of force than unorganised non-state actors. This article discusses the Charter regime on the use of force with particular attention to organised non-state actors and the challenges they posed to the prohibition of the use of force.


Amos O. Enabulele
Amos O. Enabulele LL.M, BL is Lecturer at the Department of Jurisprudence & International Law, Faculty of Law, University of Benin, Nigeria and a Ph.D. candidate at Brunel University, West London.
Article

The Right to Food

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords food crisis, right to food
Authors Ying Chen
AbstractAuthor's information

    With the development of society, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Agricultural productive capacity has greatly improved and the world’s food producers are capable of providing all the people on this planet with sufficient food to satisfy everyday dietary needs for a healthy life. Ironically, food insecurity continues to be a critical issue in the contemporary world. More than 923 million people suffer from chronic hunger, malnutrition or related diseases, and this number grows with continually rising food prices. This article responds to the current food insecurity by addressing a new issue: is there any legal basis for both the international community and national governments to protect vulnerable people from hunger and malnutrition?


Ying Chen
S.J.D. Candidate, LL.M., Indiana University School of Law Indianapolis.
Article

Regional Disaster Monitoring by Remote Sensing: A Law and Policy Perspective

Conference on Space Law and Space Applications for Disaster Management in the Asia Pacific Region 20-22 November 2007, Chiang Mai, Thailand

Journal International Institute of Space Law, Issue 9 2007
Authors M. Onoda

M. Onoda

P. Achilleas

M. Mejia-Kaiser

L. Covert

U. Bohlmann

G. Goh

Frank Bates
LLM Professor of Law, The University of Newcastle, New South Wales, Australia.
Article

Interrelation Between State and Private Enterprises in the Commercial Activities in The Outer Space

State Responsibility for Liability and Non-State Space Activities

Journal International Institute of Space Law, Issue 2 2000
Authors M. Longo

M. Longo
Article

Emerging Legal Issues of Satellite Telecommunications and Broadcasting

2000 IISL-ECSL Space Law Symposium Held on the Occasion of the 39th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Legal Aspects of Commercialisation of Space Activities"

Journal International Institute of Space Law, Issue 5 2000
Authors R. Jakhu

R. Jakhu

G. Gál
Article

The Space Agency Forum (SAF) and International Cooperation

Recent Developments in Space Law with Special Emphasis on Nuclear Power Sources

Journal International Institute of Space Law, Issue 4 1993
Authors E. Galloway

E. Galloway
Article

The New Age of Discovery and the Changing Structure of Space Law

Emerging and Future Supplements to Space Law Specifically in the Context of the International Space Year

Journal International Institute of Space Law, Issue 1 1992
Authors DeSaussure

DeSaussure
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