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Making European Private Law - Governance Design (Hardcover)
Loot Price: R3,641
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Making European Private Law - Governance Design (Hardcover)
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The debate concerning the desirability and modes of harmonisation
of European Private Law (EPL) has, until now, been mainly concerned
with substantive rules. The link between rules and institutions
suggests that governance of both the process of harmonisation and
its outcome is necessary. This book covers various perspectives on
the challenge of designing governance for EPL: the implications of
a multi-level system in terms of competences, the interplay between
market integration and regulation, the legitimacy of private law
making, the importance of self-regulation, the usefulness of
conflict of law rules, the role of intergovernmental institutions,
and the aftermath of enlargement. In addressing these, the book's
achievements are to successfully link two areas of scholarship that
have so far remained separate, EPL and new modes of governance, and
to address institutional reforms. The contributions offer different
proposals to improve governance: the creation of a European Law
institute, the improvement of judicial cooperation among national
courts, the use of committees for implementation of EPL. Suggesting
practical institutional reforms that can improve the process of
Europeanisation of private law, this book will be of great interest
to scholars of law, politics, political science, sociology and
economics. It will also appeal to policymakers, and members of both
European institutions and national institutions dealing with
European matters.
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