Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis

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Release : 2017
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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.

The Emerging Autonomous Legal Order of the Eurasian Economic Union

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Release : 2023-07-06
Genre : Law
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Book Rating : 860/5 ( reviews)

The Emerging Autonomous Legal Order of the Eurasian Economic Union - 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 Emerging Autonomous Legal Order of the Eurasian Economic Union write by Maksim Karliuk. This book was released on 2023-07-06. The Emerging Autonomous Legal Order of the Eurasian Economic Union available in PDF, EPUB and Kindle. In this original study of the Eurasian Economic Union, Maksim Karliuk assesses the law and dynamics of functioning of this international organization. Examining the Eurasian Economic Union as an attempt to encourage post-Soviet integration, this book addresses the problematic legal issues of the integration process. Using the legal order autonomy framework, Karliuk carefully selects and organizes the topics included to offer readers a clear, systematic account of the most significant concerns. As well as considering theoretical issues, Karliuk engages with practical solutions to the problems identified. Besides merely outlining the present, this book develops a framework to address gaps and failures in current integration efforts and encourages further research into the complexities of Eurasian integration in the future.

Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States

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Release : 2013-08-07
Genre : Law
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Book Rating : 964/5 ( reviews)

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.

Regulating Vertical Agreements

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Release : 2020-10-09
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Book Rating : 508/5 ( reviews)

Regulating Vertical Agreements - 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 Regulating Vertical Agreements write by Maria Fernanda Caporale Madi. This book was released on 2020-10-09. Regulating Vertical Agreements available in PDF, EPUB and Kindle. Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of 'economic efficiency' in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world's leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Regulatory Competition in Company Law in the European Community

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Release : 2002
Genre : Conflict of laws
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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.