Regulatory Competition In Contract Law And Dispute Resolution
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Regulatory Competition In Contract Law And Dispute Resolution
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Author : Horst Eidenmüller
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-08-01
Regulatory Competition In Contract Law And Dispute Resolution written by Horst Eidenmüller and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Law categories.
In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse 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 in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Regulatory Competition In Contract Law And Dispute Resolution
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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.
Law For Sale
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Author : Johanna Stark
language : en
Publisher: Oxford University Press
Release Date : 2019-03-07
Law For Sale written by Johanna Stark 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 2019-03-07 with Law categories.
Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.
Australian Private International Law For The 21st Century
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Author : Andrew Dickinson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-20
Australian Private International Law For The 21st Century written by Andrew Dickinson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
The Oxford Handbook Of Law And Economics
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Author : Francesco Parisi
language : en
Publisher: Oxford University Press
Release Date : 2017-04-04
The Oxford Handbook Of Law And Economics written by Francesco Parisi 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 2017-04-04 with Business & Economics categories.
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-10
Rome Regulations written by Gralf-Peter Calliess 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 2020-08-10 with Law categories.
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
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.
Vanishing Contract Law
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Author : Catherine Mitchell
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-01
Vanishing Contract Law written by Catherine Mitchell 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 2022-09-01 with Law categories.
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Comparative Data Law
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Author : Josef Drexl
language : en
Publisher: Springer Nature
Release Date : 2025-08-02
Comparative Data Law written by Josef Drexl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-02 with Law categories.
This book contains the proceedings of the conference “Comparative Data Law”, which was held in Munich in December 2023. The increasing relevance of data is now recognized all over the world. The large number of regulatory acts and proposals in the field of data law serves as a testament to the significance of data processing for the economies of the world. The European Union’s Data Strategy, the African Union’s Data Policy Framework and the Australian Data Strategy only serve as examples within a plethora of regulatory actions. Yet, the purposeful and sensible use of data does not only play a role in economic terms, e.g. regarding the welfare or competitiveness of economies. The implications for society and the common good are at least equally relevant. For instance, data processing is an integral part of modern research methodology and can thus help to address the problems the world is facing today, such as climate change. The conference was the third and final event of the Global Data Law Conference Series. Legal scholars from all over the world met, presented and exchanged their experiences on different data-related regulatory approaches. Various instruments and approaches to the regulation of data – personal or non-personal – were discussed, without losing sight of the global effects going hand-in-hand with different kinds of regulation. In compiling the conference proceedings, this book does not only aim at providing a critical and analytical assessment of the status quo of data law in different countries today, it also aims at providing a forward-looking perspective on the pressing issues of our time, such as: How to promote sensible data sharing and purposeful data governance? Under which circumstances, if ever, do data localisation requirements make sense? How – and by whom – should international regulation be put in place? The proceedings engage in a discussion on future-oriented ideas and actions, thereby promoting a constructive and sensible approach to data law around the world.
Contract Law Minimalism
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Author : Jonathan Edward Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Contract Law Minimalism written by Jonathan Edward Morgan 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 2013-11-07 with Law categories.
Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.