Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
A Formalist Restatement of Commercial Contract Law
Author: Jonathan Morgan
Publisher: Cambridge University Press
The last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyses how dynamic networks are organized and set up through, very often, collaborative contracts and how the behaviour of their member firms is regulated. Good faith and fair dealing as a behavioural criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.
Dynamic Networks As Collaborative Contracts
Author: Emily M. Weitzenboeck
Publisher: Edward Elgar Publishing
Category: Business & Economics
Labour law and social policy have long provided an arena within which key debates over the depth and pace of European integration have taken place. Increasingly, as the European Union's employment policy has matured, employment and economic policy discourses have come to displace discourses around social policy and social law, a displacement which has occurred in tandem with a shift from legislative harmonisation to the use of 'soft law' and governance by means of guidelines. This bookcharts the evolution of the European Employment Strategy and the new forms of governance to which it has given rise, in particular the 'open method of coordination'. It offers an interdisciplinary exploration of European social law and employment policy, scrutinizing the law and economics of labour market regulation in the European context and responding to the economic critique of traditional notions of social protection. Through a detailed examination of the legal and economic underpinningsof the European Employment Strategy, the author outlines the implications of this strategy for labour law, social protection and industrial relations within the EU. Using the open method of coordination in the European Employment Strategy as a case study, the book also provides a timely contribution to the growing literature on 'new governance' in the EU. This innovative form of governance has the potential to forge a middle course through the regulatory choices facing the EU: the choice over the appropriate level of regulation in the EU, whether national or supranational; that over the legitimate role for the state in regulating or deregulating the labour market; and ultimately, the choice between centralised harmonization and regulatory competition.
Labour Market Regulation and New Governance
Author: Diamond Ashiagbor
Publisher: Oxford University Press on Demand
Category: Business & Economics
Public-private partnerships are increasingly advocated to alleviate deficiencies in the public health system as well as to reduce economic stress on those who seek services from an expensive, burgeoning and unregulated private health sector. Focusing on India, this book examines how the private sector in developing countries is tapped to deliver health care services to poor and under-served sections of society through collaborative arrangements with the government. Having emerged as a key reform initiative, aspects of public-private partnership are examined such as the genesis of private sector partnerships, the ways in which the private sector is encouraged to deliver public health services, and the models and formats that make such partnerships possible. Based on in-depth case studies from different states of India and drawing on experiences in other countries, the authors analyse challenges, opportunities and benefits of implementing public-private partnerships and explore whether partnership with the private sector can be designed to deliver health care services to the poor as well as the consequences for beneficiaries. This book will be of interest to scholars of public policy and development administration, health policy and development economics as well as South Asian Studies.
Lessons for Developing Countries
Author: A. Venkat Raman,James Warner Björkman
Category: Political Science
This comprehensive scholarly work provides an analysis of music industry contracts from the legal perspective of Common Law rules. This is an important study that examines the relationship between music-industry professionals and their clients, many of whom may be inexperienced and prove to be unsuccessful in the music industry. Because the relationship between these two parties is so precarious, this book sheds light on these long-term contracts, which may prove to be highly beneficial to parties on both sides.
The Need for New Legal Relationships
Author: Patrisha Reece-Davies
Publisher: Edwin Mellen Press
Law reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book: examines examples of law reform projects in post-socialist and post-authoritarian states in Asia identifies common problems proposes analytical frameworks for understanding the problems identified. Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.
Author: Tim Lindsey
Category: Business & Economics
Category: American literature
This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice.
Author: Alan Neal
Publisher: Kluwer Law International B.V.
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
The ICESCR in Trade, Finance, and Investment
Author: Diane Desierto
Publisher: OUP Oxford
Category: Bibliography, National
Author: Arthur James Wells
Category: English literature
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
A Basis for and a Challenge to European Contract Law
Author: Hugh Collins
Publisher: Kluwer Law International B.V.
Dr. E. C. Djamson, a distinguished Ghanaian Lawyer and Diplomat, has put political scientists and students of international law into his debt. His work is an important contribution to the literature of Afro-European co operation. He examines the history of relations between the European Economic Community and the Associated African States; he provides a thorough analysis of the international institutions and of the wider political, economic and legal problems involved in Afro-European co-operation. The author is concerned with the manner in which African sovereign states are now able to enter into relations with Europe on a basis of legal equality. He emphasizes the principles involved in the law of nations; this should comprise, not merely "civilized" law in traditional parlance, but also Mrican customary law. As Dr. Djamson puts it, "the international community can no longer afford to ignore the principles of law peculiar to the so-called Third World . . . after all the 'general principles of law recognized by civilized nations' are not at variance with the basic ideas of law andjustice as understood by the newcomers to the international scene. " At the same time, both the new states and the old, established powers must accept those obligations that derive from their being signatories to international agreement. Adherence to the principle of pacta sunt obser vanda does not violate sovereignty, but of itself gives evidence of a country's maturity and ability to co-exist with other sovereign entities. Dr.
An Analysis and Exposition of Institutional, Legal and Socio-Economic Aspects of Association/Co-operation with the European Economic Community
Author: E.C. Djamson
Publisher: Brill Archive
Category: Business & Economics
This book delivers a thorough and essential analysis of current economic policy, transformation and legislative changes in Libya. The authors answer many questions about Libya’s distinctive society and economic system and explain the necessity for the major restructuring of the Libyan economy which is currently in process. The book makes extensive use of previously unavailable economic and social data and thus allows a unique insight into a fascinating country.
Economic Diversification and International Repositioning
Author: Waniss Otman,Erling Karlberg
Publisher: Springer Science & Business Media
Category: Political Science
From the dawning of the industrial epoch, wage earners have organized themselves into unions, fought bitter strikes, and gone so far as to challenge the very premises of the system by creating institutions of democratic self-management aimed at controlling production without bosses. With specific examples drawn from every corner of the globe and every period of modern history, this pathbreaking volume comprehensively traces this often underappreciated historical tradition. Ripe with lessons drawn from historical and contemporary struggles for workers’ control, Ours to Master and to Own is essential reading for those struggling to create a new world from the ashes of the old. Immanuel Ness is professor of political science at Brooklyn College, City University of New York, and edits WorkingUSA. Dario Azzellini is a writer, documentary director, and political scientist at Johannes Kepler University in Linz.
Workers' Control from the Commune to the Present
Author: Dario Azzellini,Immanuel Ness
Publisher: Haymarket Books
Author: Clay Packer Malick,University of Colorado (Boulder campus)
Category: Social Science
This fully up-dated, third revised edition of Conforti's thought-provoking and challenging textbook, The Law and Practice of the United Nations, provides a comprehensive legal analysis of problems concerning membership, the structure of UN organs, their functions and their acts, taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organs. Its main focus is on the practice of the Security Council. In particular the action of the Security Council under Chapter VII has been taken into account. The legal literature on Chapter VII - a literature which has grown enormously in recent times - has also been considered. The fact that the legal aspects of the action or the inaction of the Security Council have been discussed to an unusually large extent by ordinary people at the time of the war against Iraq and even later is worth noting. The importance of the role of the United Nations, and the content of the rules governing it, has become a leitmotiv of all debates on international politics. Consequently, the opinion often held in the past, according to which it was useless to deal with the legal aspects of the United Nations activity, can be considered as obsolete.
Author: Benedetto Conforti
Publisher: Martinus Nijhoff Publishers