Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States write by Robin Eyben. This book was released on 2013-08-07. Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States available in PDF, EPUB and Kindle. Master's Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Hamburg (Institut für Recht und Ökonomik), language: English, abstract: In the US it is principally the states that are in charge of regulating the internal affairs of corporations. States allow firms to relocate in other states. Hence, it is argued that states are engaging in a process of competing for corporate charters. In the EU this basic setting is today quite similar: the EU Member States have separately created their own corporate law systems for decades. Though only since the European Court of Justice (ECJ) ruled in a series of famous decisions from Centros to Inspire Art that Member States have to recognize firms who are incorporated under other Member States’ corporate law, the possibility for regulatory competition in corporate is opened in the EU as well. Comparing the situations in Europe and America from a law and economics perspective, the guiding hypothesis of this thesis is that while regulatory competition in corporate law can lead to efficient results, several problems have to be taken into account. Inefficiencies in American and European regulatory competition in corporate law are mainly due to these problems. A possible normative solution to such inefficiencies is assessed. Other findings of this thesis involves the following aspects: Firstly, while regulatory competition in corporate law in the U.S. might have been economically efficient in the past, it now can be identified several factors that lead to suboptimal outcomes which can be explained positively by applying existing theories on the issue as complementary ones. Secondly, the European legal and economic situation resembles important factors of the American one while there are some major differences that will probably lead to different outcomes to those in the U.S. – though these are suboptimal as well. Thirdly, a normative conclusion is drawn from these comparative observations. It can be efficient to restructure the framework in which regulatory competition in corporate law takes place in both, the U.S. and the EU. It is proposed a form of procedural harmonization and a simplification of conflict of laws that will allow states to compete for separate modules of legal sectors in corporate law. Thus innovation and learning processes in corporate regulations will be easier comparable and a sustainable race to the top may begin.
Regulatory Competition in the Internal Market
Regulatory Competition in the Internal Market - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulatory Competition in the Internal Market write by Barbara Gabor. This book was released on 2013-01-01. Regulatory Competition in the Internal Market available in PDF, EPUB and Kindle. "Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher
Regulatory Competition in Company Law in the European Community
Regulatory Competition in Company Law in the European Community - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulatory Competition in Company Law in the European Community write by Stefano Lombardo. This book was released on 2002. Regulatory Competition in Company Law in the European Community available in PDF, EPUB and Kindle. The work challenges the commonly accepted idea that the European single market needs a harmonized company law as a precondition for its correct functioning, on the basis of a law and economics comparison with the American situation. The study critically analyzes the two major reasons advanced to justify harmonization - the race to the bottom argument and the standardization argument - on the basis of the regulatory competition paradigm and concludes that they are basically wrong. Instead of pursuing harmonization of substantive company law, the proposal is to adjust conflict of law rules in favor of the incorporation theory as ruled by the European Court of Justice in its important Centros-decision of March 1999. Companies should be granted freedom of establishment and free movement among jurisdictions in the European Union.
Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis
Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis write by Aleksandra Klofat. This book was released on 2017. Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis available in PDF, EPUB and Kindle. This article investigates the potential for regulatory competition within the legal framework of the Eurasian Economic Union (EEU). By comparing the legal structures of the EU and the EEU, this article outlines the ways in which regulatory competition is embedded in each of the legal frameworks of these integration areas. The empirical focus of this article is based upon the respective founding treaties, tax law and corporate law within each of the integration initiatives. The analysis shows that the EEU is attempting to emulate the integration process and the legal structures of the EU in several ways. However, due to the centralist tendencies within the EEU, there is little space for regulatory competition to emerge on the general institutional tier. The questions of whether and to what extent the EEU's legal framework will effectively enable regulatory competition are greatly dependent upon the particular area of law that is applied.
Law and Economics in Europe
Law and Economics in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and Economics in Europe write by Klaus Mathis. This book was released on 2013-11-11. Law and Economics in Europe available in PDF, EPUB and Kindle. This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.
