Regulating From Nowhere


Regulating From Nowhere
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Regulating From Nowhere


Regulating From Nowhere
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Author : Douglas A. Kysar
language : en
Publisher: Yale University Press
Release Date : 2010-06-22

Regulating From Nowhere written by Douglas A. Kysar and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-22 with Law categories.


Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.



Climate Change Litigation In The Asia Pacific


Climate Change Litigation In The Asia Pacific
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Author : Jolene Lin
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29

Climate Change Litigation In The Asia Pacific written by Jolene Lin 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 2020-10-29 with Law categories.


Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.



The Politics Of Global Regulation


The Politics Of Global Regulation
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Author : Walter Mattli
language : en
Publisher: Princeton University Press
Release Date : 2009-05-17

The Politics Of Global Regulation written by Walter Mattli 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 2009-05-17 with Business & Economics categories.


"Regulation by public and private organizations can be hijacked by special interests or small groups of powerful firms, and nowhere is this easier than at the global level ... This is the first book to examine systematically how and why such hijacking or 'regulatory capture' happens, and how it can be averted."--P. [iv] of cover.



Market Denial And International Fisheries Regulation


Market Denial And International Fisheries Regulation
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Author : Darren S. Calley
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-10-14

Market Denial And International Fisheries Regulation written by Darren S. Calley and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-14 with Law categories.


Resting on the simple logic of market economics, this book considers the ways in which groups of States can lawfully and effectively deny market access to the flag of convenience fishing industry.



Competition Law And Regulation In European Telecommunications


Competition Law And Regulation In European Telecommunications
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Author : Pierre Larouche
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-05-01

Competition Law And Regulation In European Telecommunications written by Pierre Larouche and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-01 with Law categories.


Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.



Handbook Of Emotion Regulation


Handbook Of Emotion Regulation
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Author :
language : en
Publisher: Guilford Publications
Release Date :

Handbook Of Emotion Regulation written by and has been published by Guilford Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.




The Structure Of Regulation


The Structure Of Regulation
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Author : David Williamson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-28

The Structure Of Regulation written by David Williamson 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 2021-09-28 with categories.


This timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses' compliance with environmental regulation, in particular, could be improved. The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair. Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.



Infrastructure Strategies In East Asia


Infrastructure Strategies In East Asia
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Author : Ashoka Mody
language : en
Publisher: World Bank Publications
Release Date : 1997

Infrastructure Strategies In East Asia written by Ashoka Mody 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 1997 with Business & Economics categories.


Case studies, Korea, Taiwan, Malaysia, Hong Kong, Singapore, Japan, East Asia.



International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration


International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration
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Author : Mahmood Bagheri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-12-06

International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration written by Mahmood Bagheri 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 2000-12-06 with Business & Economics categories.


The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.



European Patent Law


European Patent Law
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Author : Duncan Matthews
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-10-04

European Patent Law written by Duncan Matthews 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 2023-10-04 with Law categories.


This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.