Contract Law Minimalism

A Formalist Restatement of Commercial Contract Law

Author: Jonathan Morgan

Publisher: Cambridge University Press

ISBN: 110747020X

Category: Law

Page: 312

View: 7948

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.
Posted in Law

A Legal Framework from Emerging Business Models

Dynamic Networks As Collaborative Contracts

Author: Emily M. Weitzenboeck

Publisher: Edward Elgar Publishing

ISBN: 1781004668

Category: Business & Economics

Page: 363

View: 8261

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.
Posted in Business & Economics

Law and Globalization from Below

Towards a Cosmopolitan Legality

Author: Boaventura de Sousa Santos,César A. Rodríguez-Garavito

Publisher: Cambridge University Press

ISBN: 9780521607353

Category: Law

Page: 395

View: 3758

An unprecedented attempt to analyze the role of the law in the global movement for social justice.
Posted in Law

The European Employment Strategy

Labour Market Regulation and New Governance

Author: Diamond Ashiagbor

Publisher: Oxford University Press on Demand

ISBN: 9780199279647

Category: Business & Economics

Page: 351

View: 2115

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.
Posted in Business & Economics

Unconscionable Contracts in the Music Industry

The Need for New Legal Relationships

Author: Patrisha Reece-Davies

Publisher: Edwin Mellen Press

ISBN: N.A

Category: Law

Page: 241

View: 3887

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.
Posted in Law

Law Reform in Developing and Transitional States

Author: Timothy Lindsey

Publisher: Taylor & Francis

ISBN: 0415378591

Category: Business & Economics

Page: 420

View: 4352

A host of international experts are bought together in this book to critically examine current developments in regional legal institutions, judiciaries, statute, law reform movements, legal education, business law, competition law, intellectual property, Islamic law and labour law and analyse the problems faced by developing and transitional states seeking to reform their legal systems. This text primarily focuses on contemporary experiences post 1997.
Posted in Business & Economics

Research Handbook on International Law and Natural Resources

Author: Elisa Morgera,Kati Kulovesi

Publisher: Edward Elgar Publishing

ISBN: 1783478330

Category: Law

Page: 568

View: 9371

Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
Posted in Law

Private Food Law

Governing Food Chains Through Contract Law, Self-regulation, Private Standards, Audits and Certification Schemes

Author: B. M. J. van der Meulen

Publisher: Wageningen Academic Pub

ISBN: 9086861768

Category: Social Science

Page: 435

View: 2489

Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private (voluntary) standards or schemes.Private standards are used to remedy flaws in legislation, in order to reach higher levels of consumer protection than the ones chosen by the EU legislature and to manage risks and liability beyond the traditional limits of food businesses. We see that litigation is no longer solely framed by legislative requirements, but ever more by private standards such as GlobalGAP, BRC, IFS, SQF and ISO. These private standards incorporate public law requirements thus embedding them in contractual relations and exporting them beyond the jurisdiction of public legislators. Other standards focus on corporate social responsibility or sustainability. This book also addresses how private religious standards such as Kosher and Halal play a role in defining specific markets of growing importance. It is noted that organic standards have found an interesting symbioses with public law.Another development on this topic is that food businesses are inspected more often by private auditors than by public inspectors. Effects in terms of receiving or being denied certification far outweigh public law sanctions. In short private law has changed an entire legal infrastructure for the food sector. It emerges as competing with the public law regulatory infrastructure.This book is of interest to all who concern themselves with food law legislation and litigation and the evolving role of private standards on changing the landscape of food chains and innovation.
Posted in Social Science

Whitaker's Books in Print

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Bibliography, National

Page: N.A

View: 2244

Posted in Bibliography, National

China's Influence on Non-Trade Concerns in International Economic Law

Author: Paolo Davide Farah,Elena Cima

Publisher: Taylor & Francis

ISBN: 1317167201

Category: Law

Page: 548

View: 5909

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Posted in Law

European Labour Law and Social Policy:Cases and Materials

Author: Alan Neal

Publisher: Kluwer Law International B.V.

ISBN: 9041112790

Category: Law

Page: 735

View: 853

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.
Posted in Law

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 1516

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.
Posted in Law

Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 9638

This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
Posted in Law

Standard Contract Terms in Europe

A Basis for and a Challenge to European Contract Law

Author: Hugh Collins

Publisher: Kluwer Law International B.V.

ISBN: 9041127844

Category: Law

Page: 289

View: 7504

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.
Posted in Law

Research Handbook on Climate Change and Trade Law

Author: Panagiotis Delimatsis

Publisher: Edward Elgar Publishing

ISBN: 1783478446

Category: Law

Page: 560

View: 6511

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.
Posted in Law

The British National Bibliography

Author: Arthur James Wells

Publisher: N.A

ISBN: N.A

Category: English literature

Page: N.A

View: 1881

Posted in English literature

Central and East European Law Initiative

CEELI.

Author: American Bar Association. Central and East European Law Initiative

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 4468

Posted in Law

International Guide to Money Laundering Law and Practice

(Fifth Edition)

Author: Arun Srivastava,Mark Simpson,Nina Moffat

Publisher: Bloomsbury Professional

ISBN: 9781526502308

Category:

Page: 1560

View: 7603

Starting with an overview of the development of money laundering and the work of international organisations, International Guide to Money Laundering Law and Practice is a unique publication providing a detailed insight into the background of money laundering operations, clearly explaining the anti-money laundering laws and regulations in 35 key global financial centres throughout the world.In addition, there are four chapters considering money laundering law and practice in the UK with the emphasis on the legal and regulatory framework and include: a chapter on the accounting and auditing issues; and a chapter on confiscating the proceeds of crime written by Jonathan Fisher, QC, a leading barrister specialising in corporate and financial crime, proceeds of crime and tax cases. It also contains a chapter covering international responses and initiatives to money laundering. The fifth edition will cover, amongst other things, the implementation of the Fifth EU Money Laundering Directive and the Criminal Finances Bill. Written by local experts and edited by a team from Baker McKenzie's Financial Services Group, International Guide to Money Laundering Law and Practice is the leading, authoritative text on this heavily regulated area of law. It is essential for all banking and finance practitioners involved in anti-money laundering, banks, compliance officers and regulators in order to keep abreast of the developments and compliant with the law and regulations internationally.
Posted in

Global Environmental Health in the 21st Century:

From Governmental Regulation to Corporate Social Responsibility: Workshop Summary

Author: Roundtable on Environmental Health Sciences, Research, and Medicine,Board on Population Health and Public Health Practice,Institute of Medicine

Publisher: National Academies Press

ISBN: 0309103800

Category: Science

Page: 126

View: 5668

Biological threats like SARS and natural disasters like the tsunami in Indonesia have devastated entire regions, and quickly exhausted budgetary resources. As the field of environmental health continues to evolve, scientists and others must focus on gaining a better understanding of the links between human health and various environmental factors, and on creating new paradigms and partnerships needed to address these complex environmental health challenges facing society. Global Environmental Health in the 21st Century: From Governmental Regulations to Corporate Social Responsibility: Workshop Summary discusses the role of industry in environmental health, examines programs designed to improve the overall state of environmental health, and explores how governmental and corporate entities can collaborate to manage this industry. Stakeholders in both the public and private sectors are looking for viable solutions as the complexity of societal problems and risks associated with management and varying regulatory standards continue to increase. Global Environmental Health in the 21st Century draws critical links and provides insight into the current shape of global environmental health. The book recommends expanding environmental management systems (EMS) to encompass a more extensive global network. It also provides a complete assessment of the benefits and costs resulting from implementation of various environmental management systems.
Posted in Science