Poul F. Kjaer

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 as well as national vs. global. In addition, the implications of regulatory hybridization for the question of choice of court and conflict of laws are analyzed. List of Content: Poul F. Kjaer: Introduction. Ino Augsberg: Observing (the) Law: The “Epistemological Turn” in Public Law and the Evolution of Global Administrative Law. Jan Klabbers: Of Round Pegs and Square Holes: International Law and the Private Sector. Peer Zumbansen: Law and Legal Pluralism: Hybridity in Transnational Governance. Paulius Jurčys: Regulatory Hybridization in International Intellectual Property Law. Faye Fangfei Wang: Regulation of Internet Jurisdiction for B2B Commercial Transactions: EU and US Compared. Hideaki Shiroyama: Dynamics of International Harmonization and Divergence of Safety Standards: The Regulatory Hybridization of Automobile and Food Safety. Nina Boeger and Joseph Corkin: Are Expert Networks Driving the Trend towards Soft Transnational Coordination? Mark Fenwick: Transnational Regulatory Networks. Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation. Andreas Maurer: The Concept of Participation in the Making of Transnational Law: Legitimization and Normativity in the Transnational Sphere. Adeline Chong: State Immunity and Breaches of Fundamental Human Rights. Ren Yatsunami: The Impact of Transnational Customs on Private International Law. Maebh Harding: Does Transnational Family Law Exist? Should Adult Relationships be Freed from National Protective Norms? Poul F. Kjaer: Between Integration and Compatibility: The Reconfiguration of Cognitive and Normative Structures in Transnational Hybrid Law

""This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications. Individual Contributions Poul F. Kjaer, Introduction; Gunther Teubner, Constitutional Moment? The Logics of ‘Hitting the Bottom’; Rudolf Stichweh, Towards a General Theory of Function System Crises; Karl-Heinz Ladeur, Financial Market Crisis: A Case of Network Failure?; Moritz Renner, Death by Complexity: The Financial Crisis and the Crisis of Law in World Society; Urs Stäheli, Political Epidemiology and the Financial Crisis; Hauke Brunkhorst, Return of Crisis; Dirk Baecker, Culture Form of Crisis; Jean Clam, What is a Crisis?; Marc Amstutz, Eroding Boundaries: On Financial Crisis and an Evolutionary Concept of Regulatory Reform; Alberto Febbrajo, Failure of Regulatory Institutions: A Conceptual Framework; Kolja Möller, Struggles for Law: Global Social Rights as an Alternative Financial Market Capitalism Aldo Mascareño, Ethics of the Financial Crisis; Chris Thornhill, Future of the State; Poul F. Kjaer, Law and Order Within and Beyond National Configurations. Reviews and review essays: - Cesare Pinelli, European Constitutional Law Review, 11 (1), 217-225, 2015. - Andromachi Georgosouli, International Journal of Constitutional Law, 10(4), 2012, 1174-1177. - Giorgio Tosetti Dardanelli, European Journal of Risk Regulation, 2, 2012, 273-275. - Emilios Christodoulidis: The Quest for a Constitutional Perspective, Jurisprudence, 4, 2, November 2013 , pp. 322-335."

This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology. Reviews and review essays: - Thomas Conzelmann, European Law Journal, volume 19, Issue 1, 143 – 45, 2013. - Agustin José Menéndez, European Public Law, Vol. 18, Issue 3, pp. 556–563, 2012. - Sarah Kahn-Nisser and Gianluigi Palombella: ‘Integration and Function: Taming Governance in the EU?, Transnational Legal Theory, Vol. 1, 4, 587 – 595, Dec. 2010. - Chris Thornhil, Journal of Law and Society, Vol. 37, 4, 687-90, Dec. 2010. - Edoardo Chiti, The Common Market Law Review, Vol. 48, 1, 265-66, 2011. - Maartje de Visser, European Law Review, Vol. 36, 3, June, 440 – 442, 2011. -Mark Fenwick, The European Union Institute in Japan Review, Feb., 1 – 5, Feb. 2012.

"This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory. List of Content 1. Introduction: The Metamorphosis of Constitutionalism Part 1: Structural Transformations 2. The Implosion of the Euro-Centric World 3. The Multiplicity of Normative Orders in World Society Part 2: Re-configurations of Law and the Political 4. The Law within and in-between Normative Orders 5. The Political within and in-between Normative Orders Part 3: Constitutional Stabilisation 6. The Breakdown of Constitutional Ordering through Globalisation-induced Crises 7.The Transmutation of Constitutional Ordering 8.Re-calibrating the Constitutional Concept 9. Conclusion Reviews and Review essays: - Aldo Mascareño: Revista de Ciencia Política, 36, 2, 587 – 592, 2016. - Gregory Shaffer: ‘Law, Constitutionalism and World Society: Kjaer, Kratochwil, and global (dis)order’, International Journal of Constitutional Law, 13, 4, 1063–1077, 2015. - Alfons Bora: Zeitschrift für Rechtssoziologie, 35, 1, 152-156, 2015. - Grahame Thompson: ‘Socializing the Constitution?’, Economy and Society, 44, 3, 480 – 93, 2015.