the design of competition law institutions global norms local choices law and global governance

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The Design Of Competition Law Institutions

Author : Eleanor M Fox
ISBN : 9780199670048
Genre : Law
File Size : 43. 64 MB
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Examining the procedure, process, and performance norms of national, regional (EU), and international competition law systems, this book is written by an international team of leading scholars who use case studies to reflect on global norms. These global norms include due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.

Private International Law And Global Governance

Author : Horatia Muir Watt
ISBN : 9780191043383
Genre : Law
File Size : 54. 23 MB
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Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

Competition Policy For The New Era

Author : Tembinkosi Bonakele
ISBN : 9780198810674
Genre : Law
File Size : 78. 63 MB
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Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.

Transnational Legal Orders

Author : Terence C. Halliday
ISBN : 9781107069923
Genre : Law
File Size : 49. 62 MB
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Governance By Indicators

Author : Kevin Davis
ISBN : 9780199658244
Genre : Business & Economics
File Size : 22. 92 MB
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Indicators and rankings are widely used by governments and international organizations to assess the effectiveness, efficiency, and success of policy decisions. The role of indicators is however little examined. This book closes this gap by evaluating the creation of indicators, their impact on policy decisions, and the implications of their use.

Handbook For Evaluating Infrastructure Regulatory Systems

Author : Ashley C. Brown
ISBN : 9780821365809
Genre : Business & Economics
File Size : 84. 56 MB
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More than 200 new infrastructure regulators have been created around the world in the last 15 years. They were established to encourage clear and sustainable long-term economic and legal commitments by governments and investors to encourage new investment to benefit existing and new customers. There is now considerable evidence that both investors and consumers-the two groups that were supposed to have benefited from these new regulatory systems-have often been disappointed with their performance. The fundamental premise of this book is that regulatory systems can be successfully reformed only if there are independent, objective and public evaluations of their performance. Just as one goes to a medical doctor for a regular health checkup, it is clear that infrastructure regulation would also benefit from periodic checkups. This book provides a general framework as well as detailed practical guidance on how to perform such "regulatory checkups."

The Governance Of Global Competition

Author : Oliver Budzinski
ISBN : UCSD:31822034624478
Genre : Business & Economics
File Size : 54. 77 MB
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'This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference.' - Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China

Global Environmental Commons

Author : Eric Brousseau
ISBN : 9780199656202
Genre : Business & Economics
File Size : 88. 16 MB
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This volume provides an overview of global environmental governance and the effectiveness of different governance mechanisms. Bringing together a broad range of perspectives, it addresses key challenges in contemporary global governance of environmental change.

Principles For A Free Society

Author : Richard A. Epstein
ISBN : 0786748753
Genre : Political Science
File Size : 38. 42 MB
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The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

Global Legal Pluralism

Author : Paul Schiff Berman
ISBN : 9780521769822
Genre : LAW
File Size : 20. 52 MB
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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

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