Non-State Regulatory Regimes Understanding Institutional Transformat
Non-State Regulatory Regimes explores how the concept of regulation continues to evolve. The focus is placed on those forms of regulation that are different from state regulation or present alternatives to state regulation. Departing from an analysis of t
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Myriam Senn
Non-State Regulatory Regimes Understanding Institutional Transformation
PD Dr. Myriam Senn, LL.M.
ISBN 978-3-642-14973-3 e-ISBN 978-3-642-14974-0 DOI 10.1007/978-3-642-14974-0 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2010938123 # Springer-Verlag Berlin Heidelberg 2011 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMX Design GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
This book grew out of an attempt to gain a better understanding of the conceptual basis of self-regulation. Like most books, the original intention evolved and was quickly replaced by a broader scope of investigation. The decision was to approach forms of ordering different from state regulation or non-state regulatory regimes. Then, it rapidly became evident that traditional methodological and analytical legal paths were not sufficient to explain the emergence and subsistence of forms of regulation that are either not originated in the state (non-state) or either that propose an alternative to state regulation. The optic had to be enlarged. The interplay of state regulation, non-state, and private regulation can best be studied when departing from public policy approaches. In comparison to other books on regulatory issues, this is also the most innovative element of this book. Public policy allows understanding the emergence of regulatory regimes and explaining how they coalesce and how they form a working system. As such, the book is a cross-disciplinary study. Concentrating on structural issues about regulatory regimes, the book draws extensively on examples from the financial sector. It reflects my background in that sector. At the same time, it is a predestined sector for the purpose of this book, because not least following the 2007–2009 financial crisis one witnesses the emergence of a number of institutional arrangements and regulatory regimes both at the national and at the international or global levels. The ideas underlying this book have been discussed in a range of fora. I am grateful to all those who have contributed in a variety of ways to the completion of this book and who have mad
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