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Better Business Regulation In A Risk Society

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Better Business Regulation In A Risk Society

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Author : Alberto Alemanno
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14

Better Business Regulation In A Risk Society written by Alberto Alemanno and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-14 with Political Science categories.

The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a “(world) risk society.” Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: • Social risks and business regulation • Preconditions for better business regulation • Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible—without jeopardizing the related public goals—the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

Better Business Regulation In A Risk Society

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Author : Alberto Alemanno
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14

Risk Regulation In The Internal Market

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Author : Maria Weimer
language : en
Publisher: Oxford University Press
Release Date : 2019-03-19

Risk Regulation In The Internal Market written by Maria Weimer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Law categories.

This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.

Legal Risks In Eu Law

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Author : Emilia Mišćenić
language : en
Publisher: Springer
Release Date : 2016-04-13

Legal Risks In Eu Law written by Emilia Mišćenić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-13 with Law categories.

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

European Union Health Law

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Author : Tamara K. Hervey
language : en
Publisher: Cambridge University Press
Release Date : 2015-11-12

European Union Health Law written by Tamara K. Hervey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-12 with Law categories.

The first holistic and thematic study of EU health law, and its implications, through its own internal logics.

Strategies Of Financial Regulation

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Author : Junghoon Kim
language : en
Publisher: Springer Nature
Release Date : 2020-12-03

Strategies Of Financial Regulation written by Junghoon Kim and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-03 with Business & Economics categories.

This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.

Governing Disasters

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Author : A. Alemanno
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Governing Disasters written by A. Alemanno and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Technology & Engineering categories.

'The challenges posed by risky decisions are well documented. These decisions become even more daunting when they must be made in a midst of a crisis. Using the European volcanic risk crisis as the principal case study, Alberto Alemanno and the other contributors to this thought provoking volume derive valuable lessons for how policy makers can cope with the attendant time pressures, uncertainties, coordination issues, and risk communication problems. Once the next emergency risk situation occurs, it may be too late to learn about how to respond. Governing Disasters should be required reading for all policy makers and risk analysts in advance of the next international risk crisis.' – W. Kip Viscusi, Vanderbilt University, US and Editor, Journal of Risk and Uncertainty 'Catastrophes present us with a paradox. Many people don't think they will happen, so before a catastrophe, regulations are typically viewed as unnecessarily invasive. But in the aftermath of a disaster everybody suddenly blames the government for not having been strict enough. Overregulation often follows. In light of the unprecedented series of catastrophes in recent years, more than ever, top leaders in government and business must understand and overcome this regulatory challenge. Alberto Alemanno's innovative book tells you how.' – Erwann Michel-Kerjan, The Wharton School's Center for Risk Management, US 'Even the best-laid policy plans go awry. What do we do when, despite our best preventive efforts, a surprise crisis occurs? How do we regulate a disaster while it is unfolding? From volcanoes to tornadoes, and tsunamis to terrorists, extreme events test our resilience. In this illuminating volume, regulatory scholar Alberto Alemanno and his colleagues diagnose the complex combination of natural disasters and flawed institutions that make these crises so difficult to manage. They offer a set of insights and remedies that must be read by anyone concerned to deal with disasters in the future.' – Jonathan B. Wiener, Duke University, US 'This comprehensive edited volume makes an important and much needed contribution to an increasingly important dimension of risk assessment and management, namely emergency risk regulation. Drawing upon the responses of government, businesses, and the public to the 2010 volcanic eruption in Iceland – which disrupted European air travel, it offers important lessons for policy-makers who are likely to confront similar unanticipated global risks. The recent nuclear power disaster in Japan makes this volume both timely and prescient.' – David Vogel, University of California, Berkeley, US Emergency crises have always tested our ability to organise and swiftly execute a coordinated response. Both natural and unnatural disasters pose new questions to which previous experience provides only limited answers. These challenges are arguably greater than ever, in a more globalised world confronted by a truly transnational hazard. This is the first volume that addresses the complexities of the volcanic ash cloud that overshadowed Europe in April 2011, but has subsequently struck again in Australia, Chile and Europe. It does so from a multidisciplinary perspective, drawing upon research from economics, law, sociology and other fields, as well as volcanology and leading expertise in jet engineering. Whilst our knowledge base is wide-ranging, there is a common focus on the practical lessons of the ash cloud crisis both for subsequent eruptions and for emergency risk regulation more generally. Among many other insights Governing Disasters explains why it was that industry and regulators were largely unprepared for a phenomenon about which we were not scientifically ignorant. It concludes that the toolbox of risk regulation should not be expected to provide ready-made solutions but applied flexibly, creatively and with some humility. This unique and timely resource will be useful to policymakers, scholars, officials of international organizations, research institutions and consumer groups who want to acquire or further develop their capacities for risk regulation. For teaching purposes it is ideal for courses on risk regulation, disaster law and policy, and crisis management or as a supplement in courses on environmental law, transport law, space law or land use.

The Eu And Nanotechnologies

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Author : Tanja Ehnert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-10

The Eu And Nanotechnologies written by Tanja Ehnert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.

This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Repositioning Platforms In Digital Market Law

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Author : Dušan V. Popović
language : en
Publisher: Springer Nature
Release Date : 2024-10-08

Repositioning Platforms In Digital Market Law written by Dušan V. Popović and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-08 with Law categories.

Online platforms and their ecosystems are the cornerstone of the digital economy. They have brought forth positive network effects. But they are also known for their information asymmetries, their potential for market failures and their problematic relationship with data protection law. This volume provides a detailed analysis of the current process of repositioning online platforms in the digital economy as regulators express concerns about the evolution from mere intermediaries to gatekeepers. The exclusive reliance on competition law instruments has proven to be incapable of coping with cases of platforms abusing their market power. Therefore, the book explores the European Union's new approach to digital markets consisting in the adoption or drafting of new legislative instruments, such as the Digital Markets Act, Digital Services Act, Proposal of AI Act, Proposal of Data Act, Proposal of Data Governance Act. The EU's emphasis on new regulatory ex ante instruments (as in the Digital Markets Act) calls for an assessment of their overlap or their interface with existing supranational and national competition rules. The book transcends mere competition law thinking by exploring the status of online platforms from the perspective of trade law rules, unfair competition law, data protection rules and intellectual property law. But in view of the global reach of online platforms, the risks of a jurisdiction-wise approach with conflicting regulatory strategies are all too clear. The volume therefore includes comparative studies on Australia and the USA. The potential impact of regulatory policy choices will also be assessed from the economic perspective. The book's message is not be confined to researchers and academics. It is also of great importance to practitioners in the digital sector who stand to benefit from the analysis of the law of online platforms, undertaken by a working group of renowned authors coming from different jurisdictions.

Time Law And Change

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Author : Sofia Ranchordás
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16

Time Law And Change written by Sofia Ranchordás and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.

Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

Better Business Regulation In A Risk Society

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