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Flexibility in Modern Business Law : a Comparative Assessment.

Fenwick, Mark.
2016
K7073-7078
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Title
Flexibility in Modern Business Law : a Comparative Assessment.
Author
Fenwick, Mark.
ISBN
4431557873 (electronic book)
9784431557876 (electronic book)
4431557865
9784431557869
Publication Details
Tokyo, JAPAN : Springer, 2016.
Language
English
Description
1 online resource (229 pages)
Call Number
K7073-7078
Dewey Decimal Classification
340
Summary
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law ℓ́ℓ in particular, that it be more agile or ℓ́ℓflexibleℓ́ℓ in regulating the economy ℓ́ℓ have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
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Flexibility in Modern Business Law.
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The Flexibility of Law & its Limits in Contemporary Business Regulation (Mark Fenwick and Stefan Wrbka).- Part I
The Perspective of the Lawmaker
The Potential and Limits of Teleological Reduction Shown with the Example of the Austrian Warranty Regime (Stefan Wrbka)
The Austrian Civil Law Company as an Example of a Successful Company (Daniele Mattiangeli and Lisa Katharina Promok)
From the Boardroom to the Corner Store: Globalization, Law and Economic Organization (Sean McGinty)
The Novelist's Artistic Freedom v. His Protagonist's Rights of Personality
A Comparison between German and U.S.-American Law (Christian Gomille).- PartII
The Perspective of the Regulator
Delayed Leniency Applications
The Unfortunate but Predictable Outcome of the Flexible Leniency Policies under the Chinese Antimonopoly Law (Steven Van Uytsel and Ying Bi)
Investor-State Arbitration: A Tale of Endless Obstacles? (Claudia Reith).- Part III
The Perspective of Business
The New Corporate Criminal Law & Transnational Legal Risk (Mark Fenwick)
Consumer Credit Law in the European Union and Japan
A Comparative Study (Jarl Jacob)
'Plan-like Architectures' for Mutual Trust in the Cloud (Marc elo Corrales).- Subject Index.

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