Liberalizing Contracts
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Liberalizing Contracts
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Author : Anat Rosenberg
language : en
Publisher: Routledge
Release Date : 2017-07-20
Liberalizing Contracts written by Anat Rosenberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-20 with History categories.
In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
From Promise To Contract
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Author : Dori Kimel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-03-14
From Promise To Contract written by Dori Kimel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-14 with Law categories.
Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.
The Liberalisation Of Public Procurement And Its Effects On The Common Market
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Author : Christopher Bovis
language : en
Publisher: Routledge
Release Date : 2019-01-04
The Liberalisation Of Public Procurement And Its Effects On The Common Market written by Christopher Bovis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-04 with Law categories.
First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.
Approaches To Liberalizing Services
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Author : Sherry Stephenson
language : en
Publisher: World Bank Publications
Release Date : 1999
Approaches To Liberalizing Services written by Sherry Stephenson and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Barriers categories.
Abstract: May 1999 - Liberalization of services at the subregional level has followed two broad approaches-the GATS model and the NAFTA model-neither of which automatically guarantees the full liberalization of trade in services. The question that participants in integration efforts at both the subregional and the broader regional level must ask is what kind of approach to liberalizing services offers both maximum transparency and the greatest degree of nondiscrimination for service suppliers. Only since completion of the Uruguay Round have developing countries in East Asia and the Western Hemisphere shown interest in liberalizing services. Ambitious efforts are now being made to incorporate services in liberalization objectives of both subregional and regional integration efforts, including in the Asia-Pacific region under APEC and in the Western Hemisphere under the Free Trade Area of the Americas (FTAA) process. At the subregional level, member countries of both ASEAN (in East Asia) and MERCOSUR (in Latin America) have chosen to follow the liberalization model set forth in the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS), and to open their services markets gradually and piecemeal. In the Western Hemisphere, Mexico has successfully promoted the NAFTA model of a more comprehensive liberalization of services markets-and several Latin American countries have adopted the same approach. Regionally, APEC has chosen a concerted voluntary approach to liberalizing services markets. Within the Western Hemisphere, participants are defining which approach they will use in the negotiations on services launched as part of the FTAA in April 1998. In all these efforts, a stated desire to promote more efficient services markets is often hindered by reluctance to open services markets rapidly or comprehensively because of historically entrenched protectionism in the sector and ignorance of the regulatory measures that impede trade in services. Presumably it would be easier to liberalize services at the subregional level, among countries at similar stages of development (although liberalization's economic value there might be questioned). Liberalizing services at the broader regional level is a difficult and ambitious goal, given the diversity of countries involved in such efforts. Thus liberalization will probably move more slowly at the regional than at the subregional level-perhaps even more slowly than at the multilateral level. It is possible that the new round of multilateral talks on services scheduled to begin under the WTO in 2000 may well eclipse the recently begun regional efforts. This paper-a product of Trade, Development Research Group-is part of a larger effort in the group to assist developing countries in the multilateral trade negotiations. The author may be contacted at sstephenson@oas.org.
The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher: Harvard University Press
Release Date : 1997-03-25
The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Trade Liberalisation And International Co Operation
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Author : Tania Voon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-12-27
Trade Liberalisation And International Co Operation written by Tania Voon 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 2013-12-27 with Law categories.
Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as devel
Explaining Liberalization Commitments In Financial Services Trade
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Author : Ludger Schuknecht
language : en
Publisher: World Bank Publications
Release Date : 2003
Explaining Liberalization Commitments In Financial Services Trade written by Ludger Schuknecht and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Financial services industry categories.
The authors examine the determinants of market access commitments in international financial services trade in the General Agreement on Trade in Services (GATS). Based on a theoretical model, they investigate empirically the role of domestic political economy forces, international bargaining considerations, and the state of complementary policy. The empirical results confirm the relevance of the authors' model in explaining banking and (to a somewhat lesser degree) securities services liberalization commitments. The findings imply that those who seek greater access to developing country markets for financial services must do more to counter protectionism at home in areas of export interest for developing countries.
The New Social Contract
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Author : Gary Gerrard
language : en
Publisher:
Release Date : 2002
The New Social Contract written by Gary Gerrard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Democracy categories.
Is liberal democracy the end of history? Is a written constitution the ultimate political authority? Does majority rule equal moral rule? Are all moral values relative? What is the legitimate use of coercive force in society? The New Social Contract--Beyond Liberal Democracy offers an answer to these and other age-old questions. Even more important than theoretical answers, The New Social Contract offers a way to turn theory into practical reality, to join moral and political philosophy with the coercive force of the law of society and thereby create a society that provides the greatest possible opportunity for each and every individual to achieve his or her happiness.
The Regulation Of International Trade Volume 3
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Author : Petros C. Mavroidis
language : en
Publisher: MIT Press
Release Date : 2020-11-24
The Regulation Of International Trade Volume 3 written by Petros C. Mavroidis and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-24 with Law categories.
A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0. Mavroidis examines the GATS through its negotiating record, considering whether the GATS as it is can appropriately address the concerns of the world trading community. The GATS deals exclusively with non-tariff barriers (NTBs)—precisely the instrument that the WTO has not managed to tame—and one of some significance in light of the digital revolution, which has enlarged the scope of cross-border transactions in which neither supplier nor consumer needs to travel for a service to be consumed. Mavroidis argues that the GATS has brought about a platform to liberalize services, and has locked in some pre-GATS liberalization. What is missing, he contends, is a “GATS-Think” that would generate liberalization from now on.
The Yen Dollar Agreement Liberalizing Japanese Capital Markets
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Author : Jeffrey A. Frankel
language : en
Publisher: MIT Press (MA)
Release Date : 1984
The Yen Dollar Agreement Liberalizing Japanese Capital Markets written by Jeffrey A. Frankel and has been published by MIT Press (MA) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Banks and banking, American categories.
This monograph covers Japan-US trade and the allegation that the yen is artificially undervalued, liberalization of international capital flows, internationalization of the yen, treatment of US financial institutions in Japan, liberalization of domestic capital markets, public reaction to the liberalization of October 1983-May 1984, and the current account and saving in Japan. Now available directly from: IIE 11 Dupont Circle, NW Washington, DC 20036 Tel: (202) 328-9000