Regulating Contracts
DOWNLOAD
Download Regulating Contracts PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Regulating Contracts book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Regulating Contracts
DOWNLOAD
Author : Hugh Collins
language : en
Publisher: Oxford University Press on Demand
Release Date : 2002
Regulating Contracts written by Hugh Collins and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Using an interdisciplinary approach involving economics, sociology and law, Regulating Contracts explores fundamental questions about the purposes and effects of legal regulation of contractual relationships. What kind of social relation do contracts create, or, more precisely, how do contracts govern social interaction. How are contractual relations, or more generally, markets constructed? Does the law play a significant role in particular practices, and in particular, what do lawyers, courts, and legal sanctions contribute to the contractual social order? For what distributive purposes does the law attempt regulation? The controversial conclusions of this study suggest that the law plays an insignificant role in the construction of markets, and that law and lawyers could provide better assistance by using indeterminate regulation that permits the recontextualization of legal reasoning. Legal regulation of contracts concerned with redistributive tasks, such as redressing unfairness, countering unjust power relations, and improving access to justice, is evaluated both with respect to the objectives of regulation and the search for the most efficient and efficacious form of regulation. The argument in the book is that control of unfairness is both desirable and practicable, that power relations should be modified for the sake of efficiency, and that better access to justice is unhelpful to the resolution of contractual disputes.
Regulating Infrastructure
DOWNLOAD
Author : José A. Gómez-Ibáñez
language : en
Publisher: Harvard University Press
Release Date : 2006-09-01
Regulating Infrastructure written by José A. Gómez-Ibáñez 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 2006-09-01 with Business & Economics categories.
In the 1980s and '90s many countries turned to the private sector to provide infrastructure and utilities, such as gas, telephones, and highways--with the idea that market-based incentives would control costs and improve the quality of essential services. But subsequent debacles including the collapse of California's wholesale electricity market and the bankruptcy of Britain's largest railroad company have raised troubling questions about privatization. This book addresses one of the most vexing of these: how can government fairly and effectively regulate "natural monopolies"--those infrastructure and utility services whose technologies make competition impractical? Rather than sticking to economics, José Gómez-Ibáñez draws on history, politics, and a wealth of examples to provide a road map for various approaches to regulation. He makes a strong case for favoring market-oriented and contractual approaches--including private contracts between infrastructure providers and customers as well as concession contracts with the government acting as an intermediary--over those that grant government regulators substantial discretion. Contracts can provide stronger protection for infrastructure customers and suppliers--and greater opportunities to tailor services to their mutual advantage. In some cases, however, the requirements of the firms and their customers are too unpredictable for contracts to work, and alternative schemes may be needed.
Contract And Regulation
DOWNLOAD
Author : Roger Brownsword
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Contract And Regulation written by Roger Brownsword 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 2017-09-29 with Business ethics categories.
Contract and Regulation: A Handbook on New Methods of Law Making in Private Law sheds light on the darker side of contracts. It begins by exploring the ‘regulatory space’ in which projects are planned, deals are done, and goods and services are consumed, then shows how a ‘bottom-up’ approach can be adopted in order to view this transactional space through the eyes of contractors. The expert contributors explore modes of governance that do not fit nicely into traditional contract theory, paying special attention to three key examples: governance and codes of conduction, networks and relations, compliance and use.
Better Regulation In Eu Contract Law
DOWNLOAD
Author : Esther van Schagen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-26
Better Regulation In Eu Contract Law written by Esther van Schagen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.
This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
Regulation By Contract
DOWNLOAD
Author : Tonci Bakovic
language : en
Publisher: World Bank Publications
Release Date : 2003-01-01
Regulation By Contract written by Tonci Bakovic 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 2003-01-01 with Business & Economics categories.
Governments and investors in many developing countries have criticised the performance of recently privatised electricity distribution companies, particularly in relation to the design of regulatory systems. This report examines whether regulation by contract or a combination of regulation by contract and regulatory independence would provide a better option.
Regulation Public Procurement National And International Perspectives
DOWNLOAD
Author : Sue Arrowsmith
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-04-17
Regulation Public Procurement National And International Perspectives written by Sue Arrowsmith and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-17 with Business & Economics categories.
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
Regulating Boilerplate
DOWNLOAD
Author : Marcus Moore
language : en
Publisher: Hart Publishing
Release Date : 2023-08-10
Regulating Boilerplate written by Marcus Moore and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with categories.
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate 'contracts of adhesion'. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a 'law in context' methodology to offer solutions. The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
Regulatory Competition In Contract Law And Dispute Resolution
DOWNLOAD
Author : Horst Eidenmüller
language : en
Publisher: Philip's
Release Date : 2013
Regulatory Competition In Contract Law And Dispute Resolution written by Horst Eidenmüller and has been published by Philip's this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Competition, International categories.
In many regions of the world and across various fields, the law has become a 'product.' Individuals and companies seek attractive legal regulations, while countries advertise their legal wares globally as they compete for customers. To analyze this development and to develop policy recommendations with respect to contract law and dispute resolution, a conference was held in Munich in October 2011, bringing together leading scholars from the US and Europe. This book contains the papers and main comments produced for the conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterization of contract law, and the US and English civil procedural traditions. The book is an important and useful study for an area of growing importance.
Environmental Contracts Comparative Approaches To Regulatory Innovation In The United States And Europe
DOWNLOAD
Author : Eric W. Orts
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-03-20
Environmental Contracts Comparative Approaches To Regulatory Innovation In The United States And Europe written by Eric W. Orts and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-20 with Law categories.
Environmental regulation has come of age in recent decades as the blunt methods of command-and-control have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This book focuses on the viability of one particular regulatory innovation--the use of agreements or contracts for environmental regulation--as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.
International Handbook On Shareholders Agreements
DOWNLOAD
Author : Sebastian Mock
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-05-07
International Handbook On Shareholders Agreements written by Sebastian Mock and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-07 with Law categories.
Shareholders ́ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders ́ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders ́ Agreements and provides an analysis of the regulation of Shareholders ́ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders ́ Agreements and detailed information on the regulation of Shareholders ́ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.