Regulatory Competition in Contract Law and Dispute Resolution - 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 Contract Law and Dispute Resolution write by Horst Eidenmüller. This book was released on 2013-08-01. Regulatory Competition in Contract Law and Dispute Resolution available in PDF, EPUB and Kindle. 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
Regulatory Competition in Contract Law and Dispute Resolution - 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 Contract Law and Dispute Resolution write by Horst Eidenmüller. This book was released on 2013. Regulatory Competition in Contract Law and Dispute Resolution available in PDF, EPUB and Kindle. 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
Law for Sale - 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 for Sale write by Johanna Stark. This book was released on 2019-03-07. Law for Sale available in PDF, EPUB and Kindle. 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.
The Choice of Law Framework for Efficient Regulatory Competition in Contract Law
The Choice of Law Framework for Efficient Regulatory Competition in Contract Law - 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 The Choice of Law Framework for Efficient Regulatory Competition in Contract Law write by Giesela Ruhl. This book was released on 2012. The Choice of Law Framework for Efficient Regulatory Competition in Contract Law available in PDF, EPUB and Kindle. Regulatory competition in contract law has become a popular topic in recent years. The focus of the debate, however, has been whether regulators actually compete for application of their contract laws. In contrast, the question under which conditions this competition - if it exists - might have positive effects has largely been ignored. In the paper I set out to fill this gap. I argue that empirical evidence shows that there is - or that there can be - regulatory competition in contract law and that freedom of choice on the level of private international law may ensure its efficiency. However, to induce efficient regulatory competition freedom of choice must be properly designed. This is because choice of law-clauses may fail to represent the interests of all parties affected by the choice and cause regulators to ignore these interests when adjusting their contract laws. Unfortunately, of the many restrictions of freedom of choice that are to be found in current national or international private international law regimes only those that serve the protection of weaker or third parties actually regulate freedom of choice in a way that ensures efficient regulatory competition. Other restrictions, in contrast, limit regulatory competition more than necessary and, thus, compromise the potential positive effects of a market for laws. This holds particularly true for the restrictions relating to the choice of a non-state or unconnected law: they do not help to avoid a race to the bottom, but merely reduce the number of competitors on the market for laws. National and international private international law regimes should, therefore, abandon these restrictions and thereby ensure that the design of freedom of choice actually fosters efficient regulatory competition.
Regulatory Competition in Contract Law
Regulatory Competition in Contract Law - 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 Contract Law write by Giesela Ruhl. This book was released on 2013. Regulatory Competition in Contract Law available in PDF, EPUB and Kindle. Regulatory competition has been high on the agenda of lawyers and economists for several years. Initially, the focal point of the debate was corporate law. Only recently the attention has shifted to other areas of law, notably contract law. However, in contrast to corporate law where there is little doubt that states do compete for corporate charters both in the United States and in Europe, it is hotly debated whether there is - or whether there can be - regulatory competition in contract law. In the first part of the following article I argue that this question must be answered in the affirmative: empirical evidence shows that there is regulatory competition in contract law - just like in other areas of law, notably corporate law. Most importantly, empirical evidence shows that businesses and consumers actually choose the applicable contract law based on the quality of the law and that states actually respond to these choices by adjusting their contract laws. With this finding, however, the discussion about regulatory competition in contract law has not yet reached its end. To the contrary: the fact that states actually do compete for application of their contract law raises a number of - normative - questions. Should regulatory competition be promoted because it induces a race to the top? Should it be banned because it induces a race to the bottom? In the second part of the article I argue that regulatory competition in contract law will generally induce a race to the top. It should, therefore, generally be promoted. However, also I argue that regulatory competition may induce a race to the bottom in some cases, namely where a choice of law does not account for the interests of all parties affected by the choice. In these cases, I conclude, regulatory competition should be regulated. More specifically, I argue that it should be regulated on the level of private international law by limiting freedom of choice.
