institutional competition between common law and civil law theory and policy

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Institutional Competition Between Common Law And Civil Law

Author : Michèle Schmiegelow
ISBN : 9783642546600
Genre : Law
File Size : 51. 42 MB
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This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.

Arbeit Der Zukunft

Author : Claudia Bogedan
ISBN : 9783593504513
Genre : Political Science
File Size : 26. 36 MB
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Wirtschaft und Arbeitsleben verändern sich rasant: Technologische Umbrüche folgen immer schneller aufeinander, Dienstleistungen werden in globalem Maßstab erbracht, prekäre Beschäftigungsformen und psychische Belastungen nehmen zu. Neue Lebensentwürfe stellen den "klassischen Arbeitstag" infrage. Konflikte brechen auf: um den Wert der Arbeit, um gerechte Bezahlung, um die Entgrenzung von Arbeit und Leben. Dieses Buch analysiert aktuelle Entwicklungen auf nationaler und internationaler Ebene, nennt Handlungsfelder und Lösungsansätze für Politik, Gewerkschaften und Arbeitgeber. Im Spannungsfeld der neuen Wirtschafts- und Arbeitsbedingungen zeigt es programmatisch auf, wie neue Leitlinien für "Gute Arbeit" entwickelt werden können - für eine "Arbeit der Zukunft".

Comparative Law

Author : Mathias Siems
ISBN : 9781316865453
Genre : Law
File Size : 54. 65 MB
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Competitive Advantage And Competition Policy In Developing Countries

Author : Paul Cook
ISBN : STANFORD:36105123325479
Genre : Social Science
File Size : 28. 28 MB
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'. . . a very good overview of both industry specific and policy issues facing developing economies as they embrace competition policy. the authors should be congratulated for raising our awareness of an increasingly important area of competition development.' - Ray Steinwall, Competition and Consumer Law Journal

Comparative Law And Economics

Author : Ugo Mattei
ISBN : 0472066498
Genre : Business & Economics
File Size : 76. 16 MB
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The book links the study of comparative law with the study of law and economics

International Financial Integration And Economic Growth

Author : Mr. Torsten Sløk
ISBN : 9781451991444
Genre : Business & Economics
File Size : 57. 38 MB
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This paper uses new data and new econometric techniques to investigate the impact of international financial integration on economic growth and also to assess whether this relationship depends on the level of economic development, financial development, legal system development, government corruption, and macroeconomic policies. Using a wide array of measures of international financial integration on 57 countries and an assortment of statistical methodologies, we are unable to reject the hypothesis that international financial integration does not accelerate economic growth even when controlling for particular economic, financial, institutional, and policy characteristics.

German Journal Of Industrial Relations

Author :
ISBN : CORNELL:31924092652191
Genre : Industrial relations
File Size : 49. 30 MB
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Accountability In Public Policy Partnerships

Author : J. Steets
ISBN : 9780230290617
Genre : Political Science
File Size : 48. 95 MB
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A PDF version of this book is available for free in open access via the OAPEN Library platform, www.oapen.org. This book presents a new model of accountability which ensures that public-private partnerships don't erode public accountability. It defines concrete accountability standards for different types of partnerships.

The Australian Trade Practices Act 1974

Author : D.K. Round
ISBN : 9789401583244
Genre : Business & Economics
File Size : 33. 8 MB
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This book presents a collection of papers which evaluate the achievements of the Australian Trade Practices Act 1974 in making Australian markets more competitive. The contributors have all played major roles in Australian and New Zealand antitrust actions, either as expert economic witnesses, as antitrust enforcers, as judges or as quasi-judicial administrators. No other publication presents such in-depth economic analysis of the Act and the cases decided under it in its first two decades of its operation. As well as an introductory paper, this collection includes a foreword by the Hon. George Gear, Assistant Treasurer of the Australian Government and Minister responsible for the administration of the Act, plus two broad analytical overviews of the last two decades of Australian antitrust actions by two economists who have continually been at the heart of antitrust proceedings. In addition, papers are provided which give a judicial view of the Act and economic analysis, which compare the Act with its New Zealand counterpart. Other contributions look in detail at those sections of the Act which cover mergers, misuse of market power, price-fixing and vertical practices. The book shows that the Act has had a major impact on Australian market behavior. Judges, lawyers and economists between them have produced a truly Australian approach to antitrust, which has reflected overseas trends in both law and economics, as well as developed a unique Australian flavor. The book will be of interest to academic and practicing lawyers and economists, judges and corporate executives. It will be essential reading for Australian students in undergraduate courses in antitrust law, business regulation, antitrust economics and industrial organization. It provides by far the most comprehensive economic evaluation of Australian antitrust yet published and so will be the definitive source of information on this topic for non-Australians interested in comparative antitrust legislation and enforcement issues.

Policy Reform And Chinese Markets

Author : Belton M. Fleisher
ISBN : 1782543562
Genre : Business & Economics
File Size : 55. 3 MB
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The diverse contributors to this book provide a unique set of essays that evaluate legal, regulatory, and economic aspects of China¿s transition from planned to market economy.

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