NATIONAL LEGAL SYSTEMS AND GLOBALIZATION NEW ROLE CONTINUING RELEVANCE

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National Legal Systems And Globalization

Author : Pierre Larouche
ISBN : 9789067048859
Genre : Law
File Size : 66.37 MB
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This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
Category: Law

Coherence In Eu Competition Law

Author : Wolf Sauter
ISBN : 9780191065989
Genre : Law
File Size : 29.3 MB
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EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.
Category: Law

Comparative Property Law

Author : Michele Graziadei
ISBN : 9781785369162
Genre :
File Size : 77.2 MB
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Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Category:

Central European Judges Under The European Influence

Author : Michal Bobek
ISBN : 9781782259893
Genre : Law
File Size : 36.23 MB
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The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.
Category: Law

Freedom Of Contract And Paternalism

Author : P. Cserne
ISBN : 9781137000323
Genre : Business & Economics
File Size : 53.51 MB
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A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Category: Business & Economics

The Forces Of Economic Globalization

Author : Katherine L. Lynch
ISBN : 9789041119940
Genre : Law
File Size : 44.43 MB
Format : PDF
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Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ¿ comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ¿ on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.
Category: Law

Global Competition

Author : David Gerber
ISBN : 9780199652006
Genre : Business & Economics
File Size : 30.88 MB
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A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.
Category: Business & Economics

Introducing Globalization

Author : Matthew Sparke
ISBN : 9781118241110
Genre : Political Science
File Size : 49.76 MB
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Designed specifically for introductory globalization courses, Introducing Globalization helps students to develop informed opinions about globalization, inviting them to become participants rather than just passive learners. Identifies and explores the major economic, political and social ties that comprise contemporary global interdependency Examines a broad sweep of topics, from the rise of transnational corporations and global commodity chains, to global health challenges and policies, to issues of worker solidarity and global labor markets, through to emerging forms of global mobility by both business elites and their critics Written by an award-winning teacher, and enhanced throughout by numerous empirical examples, maps, tables, an extended bibliography, glossary of key terms, and suggestions for further reading and student research Supported by additional web resources – available upon publication at www.wiley.com/go/sparke – including hot links to news reports, examples of globalization and other illustrative sites, and archived examples of student projects Engage with fellow readers of Introducing Globalization on the book's Facebook page at www.facebook.com/IntroducingGlobalization, or learn more about this topic by enrolling in the free Coursera course Globalization and You at www.coursera.org/course/globalization
Category: Political Science

Youth And Crime

Author : John Muncie
ISBN : 9781847874320
Genre : Social Science
File Size : 50.60 MB
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Youth research and criminology are the topics introduced by this book. The work includes social histories, the extent and causes of offending, youth cultures, social policy and the youth justice system. Study questions are also provided.
Category: Social Science