Nonlegal Sanctioning In Private Legal Systems
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Nonlegal Sanctioning In Private Legal Systems
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Author : Jos van Doormaal
language : en
Publisher:
Release Date : 2021-05-19
Nonlegal Sanctioning In Private Legal Systems written by Jos van Doormaal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-19 with categories.
Einige moderne Handelsverbande im transnationalen Bereich verhangen nicht-rechtliche Sanktionen gegen illoyale Branchenakteure, wenn diese sich nicht an Schiedsspruche halten. Diese Massnahmen untergraben zwar die Rechtsordnungen der Staaten, dennoch konnten sie als praktikable Alternative zu langwierigen und teuren Gerichtsprozessen angesehen werden. Das Werk enthalt Best-Practice-Leitlinien, die aufzeigen, unter welchen Bedingungen solche Sanktionen, die von einem Wirtschaftsverband verhangt werden, nicht gegen das US-Kartellrecht und das europaische Wettbewerbsrecht verstossen.
Law And Reputation
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Author : Roy Shapira
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-17
Law And Reputation written by Roy Shapira 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 2020-09-17 with Business & Economics categories.
The law shapes behavior not only by imposing sanctions, but also by producing information on how powerful entities behave.
Administrative Sanctions In Fisheries Law
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Author : Philippe Cacaud
language : en
Publisher: Food & Agriculture Org.
Release Date : 2003
Administrative Sanctions In Fisheries Law written by Philippe Cacaud and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
Rough Consensus And Running Code
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Author : Gralf-Peter Calliess
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-05-31
Rough Consensus And Running Code written by Gralf-Peter Calliess and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-31 with Law categories.
Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
Getting Incentives Right
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Author : Robert D. Cooter
language : en
Publisher: Princeton University Press
Release Date : 2016-12-13
Getting Incentives Right written by Robert D. Cooter and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-13 with Law categories.
How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Contractual Certainty In International Trade
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Author : Volkmar Gessner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-19
Contractual Certainty In International Trade written by Volkmar Gessner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-19 with Law categories.
Global business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to the volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism; economic sociology, which treats networks and relationships between contractual parties as paramount; representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk; comparative economic sociologists who point to the varieties of legal cultures in the social organisation of trust; and national and international institutions such as the World Bank which try to promote legal certainty in the economy. The purpose of the volume is to build on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business, and by critically reviewing and discussing some of the propositions in the literature which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions and on the role of the state in the globalising economy.
Contract Law And Contract Practice
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Author : Catherine E Mitchell
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Contract Law And Contract Practice written by Catherine E Mitchell and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Contract Governance
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Author : Stefan Grundmann
language : en
Publisher: OUP Oxford
Release Date : 2015-07-23
Contract Governance written by Stefan Grundmann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-23 with Law categories.
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style. Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behaviour; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Pozna School Of Legal Theory
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Author : Paweł Kwiatkowski
language : en
Publisher: BRILL
Release Date : 2021-02-08
Pozna School Of Legal Theory written by Paweł Kwiatkowski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-08 with Philosophy categories.
This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.