Law and Governance in Postnational Europe: Compliance Beyond the Nation-State

Capa
Michael Zürn, Christian Joerges
Cambridge University Press, 03/02/2005
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
 

Índice

Introduction Law and compliance at different levels
1
11 The principal contest
3
12 Comparing compliance across levels
7
Four theoretical perspectives
18
14 Empirical and normative results
30
The analysis of compliance with international rules Definitions variables and methodology
40
22 Conceptualizing compliance the dependent variable
41
23 Conceptualizing the independent variables
47
46 Explaining noncompliance
146
Politics of intergovernmental redistribution Comparing compliance with European and federal redistributive regulations
149
52 Intergovernmental redistribution in the EU and Germany
150
53 Good compliance in the EU and recalcitrant compliance in Germany
157
54 Explaining compliance
159
55 Compliance with redistributive arrangements
174
56 Annex
177
Conclusions the conditions of compliance
183

24 Perspectives variables hypotheses and values
62
State aid control at the national European and international level
65
31 State aid control regulations and the cases of dispute settlement
68
32 The degrees of compliance with the state aid control regulations
82
Explaining the comparative empirical result
92
Comparing compliance with state aid control regimes at three political levels
114
Domestic limits of supranational law Comparing compliance with European and international foodstuffs regulations
118
42 Basic trade rules in the EU and WTO
119
43 Compliance with European and WTO rules
122
44 Dealing with noncompliance
125
45 Explaining compliance
129
62 Determinants and dynamics of compliance beyond the nationstate
191
63 Implications for the study of European integration
208
64 Political implications
214
Compliance research in legal perspectives
218
National European and international governance
222
73 Legal queries with compliance research
225
74 Lessons from the case studies
244
75 A restatement and outlook
255
References
262
Index
293
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