Hybridization has become a defining feature of regulatory frameworks. The combined forces of globalization and privatization together with increased reliance on self-regulation have resulted in the emergence of a multitude of regulatory arrangements which combine elements from several legal orders. This book offers a conceptual framework as well as numerous empirical explorations capable of increasing our understanding of regulatory hybridization. A number of central dichotomies are deconstructed: national vs. transnational law; international vs. transnational law; convergence vs. divergence; soft law vs. hard law; territorial vs. non-territorial, ‘top-down’ vs. ‘bottom-up’ globalization and national vs. global just as the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed.
Contributors include: Poul Fritz Kjaer, Ino Augsberg, Jan Klabbers, Peer Zumbansen, Paulius Jurčys, Faye Fangfei Wang, Hideaki Shiroyama, Mark D. Fenwick, Nina Boerger, Joseph Corkin, Harm Schepel, Andreas Maurer, Adeline Chong, Ren Yatsunami, and Maebh Harding.
Paulius Jurčys, LL.D. (2010), LL.M., Assistant Professor, Faculty of Law, Kyushu University. His is a co-author of "General Report" in T. Kono (ed.), Intellectual Property and Private International Law: Comparative Perspectives (Hart Publishing, 2012) and other publications on related topics.
Poul F. Kjaer, Associate Professor, Centre of Excellence for International Courts, Faculty of Law, University of Copenhagen. He is the author of Between Governing and Governance: On the Emergence, Function and Form of Europe's Post-national Constellation (Hart Publishing, 2010) and lead editor of Poul F. Kjaer, Gunther Teubner and Alberto Febbrajo: The Financial Crisis in Constitutional Perspective: The Dark Side of Functional Differentiation (Hart Publishing, 2011).
Ren Yatsunami is currently a post-doctoral fellow at the University of Tokyo and recipient of a fellowship from the Japan Society for the Promotion of Science (JSPS). He obtained his doctoral degree in law from Kyushu University in 2012. He earned his master’s degree from Kyushu University in 2009. In 2012, he was awarded the Japan Society for the Promotion of Science (JSPS) Ikushi Prize, as well as the Kyushu University Award for Academic Research Activities.
Law academics and students with a particular interest in non-state normative orders and regulatory hybridization in the trans-national sphere.