We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm's investment is unobservable to authorities. Externality and asymmetric...

We compare the performance of liability rules for managing environmental disasters when third parties are harmed and cannot always be compensated. A firm can invest in safety to reduce the likelihood of accidents. The firm's investment is unobservable to authorities. The presence of...

Hardly anywhere is the trend towards a perfection of transnational governance arrangements and their legalization more visible than in international trade. Governance arrangements established through and alongside WTO law are both practically important and theoretically challenging. They do not...

This paper contributes to the ongoing debate between principal-agent theory and the concept of deliberative supranationalism regarding the functioning of the EU committee system by analysing regulatory policy-making in the BSE case. The BSE crisis can be seen as a critical instance for committee...

Dispute settlement in the WTO is a sensitive issue and subject to a lively debate among trade scholars and engaged citizens. It is the purpose of this paper to focus on one particular aspect of judicial review within the WTO: the standard of review. This legal concept determines how much...

The hypothesis put forward in this paper is that we are currently observing a remarkable policy shift in the European Community concerning the conceptual basis and instruments for the governance of biopolitics. Biopolitics refers to an emerging policy field which involves the societal conflicts...

This paper is essentially a translation of a comment in German (Joerges 2000) on a series of articles in which Rainer Schmalz-Bruns (1998, 1999a, 1999b) developed a concept of legitimate governance beyond the constitutional state, which he called deliberative supra-nationalism and contrasted...

The implementation of European law is widely regarded as a technical matter primarily dealt with in intra-administrative procedures and removed from the impact of public opinion. In European risk regulation, however, public concern can easily become very important, to the point of dominating...

In this paper, I endeavour to examine concrete challenges, which arise with regard to implementation of the precautionary principle in the field of European Community regulation of GMOs. Developed by the European Courts into a general legal principle, precaution requires EU regulators to strike...