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Multilevel Regulation and the EU
The Interplay between Global, European and National Normative Processes
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of ‘multilevel regulation’ as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation.
This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.
This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.
Andreas Follesdal is Professor and Director of Research at the Norwegian Centre for Human Rights at the University of Oslo, Norway.
Ramses A. Wessel is Professor of the Law of the European Union and other International Organizations and Co-Director of the Centre for European Studies at the University of Twente, The Netherlands.
Jan Wouters is Professor of International Law and International Organizations and Director of the Leuven Centre for Global Governance Studies and the Institute for International Law at the University of Leuven, Belgium.
Ramses A. Wessel is Professor of the Law of the European Union and other International Organizations and Co-Director of the Centre for European Studies at the University of Twente, The Netherlands.
Jan Wouters is Professor of International Law and International Organizations and Director of the Leuven Centre for Global Governance Studies and the Institute for International Law at the University of Leuven, Belgium.
"...Legal studies have only recently begun to recognize the phenomena connected to multilevel regulation and this book is apparently the first to provide a comprehensive analysis in relation to the EU. … [T]he book by Follesdal/Wessel/Wouters provides a profound, detailed and well-balanced broad-scale analysis of instances of multilevel regulation relevant to the EU and, on that basis, some lucent thoughts and recommendations for dealing with multilevel regulation in the EU's downstream political relations with member states and, most importantly, citizens … [T]he book by Follesdal/Wessel/Wouters provides profuse valuable reflections and rich food for thought to scholars and institutional players active in the international regulatory field well beyond the EU." – Thomas Jaeger, in: ICL Journal
Acknowledgements
Abbreviations
Multilevel Regulation and the EU: A Brief Introduction Jan Wouters, Ramses Wessel and Andreas Follesdal
Part I: Multilevel Regulation and the EU: Towards a Research Agenda
The Phenomenon of Multilevel Regulation: Interactions between Global, EU and National Regulatory Spheres Ramses Wessel and Jan Wouters
Part II: Mapping the Unmappable:Case-Studies of Multilevel Regulation
Challenges to the Legitimacy of International Regulation: The Case of Pharmaceuticals Standardisation Bärbel R. Dorbeck-Jung
Financial Trade Associations and Multilevel Regulation Caroline Bradley
Multilevel Banking Regulation: An Assessment of the Role of the EC in the Light of Coherence and Democratic Legitimacy Bart De Meester
Multilevel Internet Governance Involving the European Union, Nation States and NGOs Robert Uerpmann-Wittzack
The Interaction between Global, Regional and National Regulation in the Definition of Terrorism Erling Johannes Husabø
The Transatlantic Common Aviation Area: Competing Legal Orders and State Self-Interest
Mirjam Kars and Helen Stout
Part III: Challenges Flowing from Multilevel Regulation
How Do Judges Cope with Multilevel Regulation? Rory Stephen Brown
Legal Protection of the Individual Against UN Sanctions in a Multilevel System Clemens A. Feinäugle
Trapped between Courts or How Terrorist Suspects Lost Their Right to a Remedy Christina Eckes
Multilevel Economic Regulation and the EC Protection of Fundamental Rights Mielle Bulterman
Reducing the Judicial Deficit in Multilevel Environmental Regulation: The Example of Plant Protection Products Andrea Keessen
Multilevel Regulations Reviewed by Multilevel Jurisdictions: The ECJ, the National Courts and the ECtHR Andrea Ott
Hierarchy in Multilevel Regulation Nikolaos Lavranos
Epilogue:Toward more Legitimate Multilevel Regulation Andreas Follesdal
About the Contributors
Index
Abbreviations
Multilevel Regulation and the EU: A Brief Introduction Jan Wouters, Ramses Wessel and Andreas Follesdal
Part I: Multilevel Regulation and the EU: Towards a Research Agenda
The Phenomenon of Multilevel Regulation: Interactions between Global, EU and National Regulatory Spheres Ramses Wessel and Jan Wouters
Part II: Mapping the Unmappable:Case-Studies of Multilevel Regulation
Challenges to the Legitimacy of International Regulation: The Case of Pharmaceuticals Standardisation Bärbel R. Dorbeck-Jung
Financial Trade Associations and Multilevel Regulation Caroline Bradley
Multilevel Banking Regulation: An Assessment of the Role of the EC in the Light of Coherence and Democratic Legitimacy Bart De Meester
Multilevel Internet Governance Involving the European Union, Nation States and NGOs Robert Uerpmann-Wittzack
The Interaction between Global, Regional and National Regulation in the Definition of Terrorism Erling Johannes Husabø
The Transatlantic Common Aviation Area: Competing Legal Orders and State Self-Interest
Mirjam Kars and Helen Stout
Part III: Challenges Flowing from Multilevel Regulation
How Do Judges Cope with Multilevel Regulation? Rory Stephen Brown
Legal Protection of the Individual Against UN Sanctions in a Multilevel System Clemens A. Feinäugle
Trapped between Courts or How Terrorist Suspects Lost Their Right to a Remedy Christina Eckes
Multilevel Economic Regulation and the EC Protection of Fundamental Rights Mielle Bulterman
Reducing the Judicial Deficit in Multilevel Environmental Regulation: The Example of Plant Protection Products Andrea Keessen
Multilevel Regulations Reviewed by Multilevel Jurisdictions: The ECJ, the National Courts and the ECtHR Andrea Ott
Hierarchy in Multilevel Regulation Nikolaos Lavranos
Epilogue:Toward more Legitimate Multilevel Regulation Andreas Follesdal
About the Contributors
Index