Understanding global governance : institutional choice and the dynamics of participation

Global governance is essentially about governance. That is, it is about those mechanisms that make societal or global determinations. Comparative institutional analysis is by its nature focused on governance and governance mechanisms and understanding institutional behavior lies in the dynamics of participation– the bottom-up forces that determine who is influential and who is not. In turn, the dynamics of participation is dependent in turn on the costs and benefits of participation. The works in this book attempt to establish and grow comparative institutional analysis as a general analytical framework for organizing the issues of global governance. The first chapter exams the basic constitutional issues faced by global governance. The second expands these insights to a general framework to analyze global governance. The third explores global governance and the use of comparative institutional analysis in the context of environmental issues. The fourth explores the institutional choice issues raised by trade and more broadly global public goods. The fifth examines what comparative institutional analysis of various sorts tell us about globalization and the role of law. Although this book sets out few answers, it does propose a route to a common understanding of the problems and with it a way to reach meaningful answers.-- Introduction, Neil Komesar 1 -- Governance Beyond the States: A Constitutional and Comparative Institutional Approach for Global Governance, Neil Komesar and Miguel Poiares Maduro 3 -- Governance, Economics and the Dynamics of Participation, Neil Komesar 29 -- Solving Domestic Environmental Regulatory Failures with Global Markets: A CIA-Based Analysis, Wendy Wagner 53 -- International Law and Global Public Goods in a Legal Pluralist World, Gregory Shaffer 87 -- Globalisation and Law: A Call for a Two-fold Comparative Institutional Approach, Antonina Bakardjieva Engelbrekt 10

How consumer law travels

This article synthesizes a number of the findings and themes emerging from the various case studies presented about the efficacy of the transplantation process of the EU consumer acquis in some of the EU accession and new Member States. Specifically, the article examines the process of incorporation through the lens of the domestication of the consumer rules either through the making of the local consumer laws or their subsequent enforcement in the case study jurisdictions. The overall conclusions from the case studies are that accession pressures are an important impetus for legal reform in consumer law, that there is limited tailoring of the rules in their transposition, and that there is slow take up by local actors in the resolution of consumer problems. The article suggests that getting it right in the law-making process in tailoring the rules to local needs or the extant local law may not be crucial for their subsequent efficacy, both because deliberations about the efficacy and fit of the rules may be irresolvable ex ante and because the relevant collocutors often do not exist at the time of original enactment of the consumer laws. Yet if the transplanted rules can be enlivened through local institutions as spaces for contestation of the rights and responsibilities that arise under consumer law, they can be domesticated or contextualized precisely through processes of ongoing contestation. From that perspective, it is institutional diversity in implementation in different jurisdictions, remedial hybridity and EU monitoring of the efficacy of local solutions that can help unblock suboptimal local outcomes.13th MRM 201