Mads Andenas – författare & böcker

Courts and Comparative Law

E-bok

PDF, Engelska, 2015

901 kr

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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role ofthe courts.Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes casestudies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Courts and Comparative Law

AvDuncan Fairgrieve,Mads Andenas

E-bok

Engelska, 2015

869 kr

Läs direkt efter köp

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role ofthe courts.Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes casestudies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Judicial Review of Administration in Europe

AvMads Andenas,Giacinto della Cananea

E-bok

PDF, Engelska, 2021

1 343 kr

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This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals notonly differences but also some common and connecting elements, in a ''common core'' perspective.The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ''common core'' method, contains both aset of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ''common core'' exists, but how it is shaped and evolves, also inresponse to the influence of supranational legal orders as the European Union and the Council of Europe.

Judicial Review of Administration in Europe

AvMads Andenas,Giacinto della Cananea

E-bok

Engelska, 2021

1 343 kr

Läs direkt efter köp

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals notonly differences but also some common and connecting elements, in a ''common core'' perspective.The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ''common core'' method, contains both aset of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ''common core'' exists, but how it is shaped and evolves, also inresponse to the influence of supranational legal orders as the European Union and the Council of Europe.

Services and Free Movement in EU Law

AvMads Andenas,Wulf-Henning Roth

Inbunden, Engelska, 2003

1 577 kr

Skickas inom 3-6 vardagar

This book provides a critical analysis of the present state of EU services law. It also provides a contribution to the development of the right to provide services, which is increasingly important.The legal and regulatory foundations of the European services economy are in the process of being reformed. Many issues are unresolved. Some can only be resolved by the European Court or by Community legislation. But a more fundamental analysis of several of these issues is still lacking. One issue is the reconciliation of the case law on goods and services. The conventional view was that the freedoms should follow different routes: the free movement of goods went further than the right to provide services. Have we now got a universal law of free movement making these distinctions redundant? Or has services law gone further than goods law?Another unresolved issue is the division between the regulatory powers of home and host countries in the principle of home country control: does it work? The broad exceptions, relying on concepts such as the general good, do not leave a high degree of certainty. The book makes use of the financial services sector to analyse the practical implementation of home country control and its exceptions.Mads Andenas and Wulf-Henning Roth have assembled a group of EU scholars from many different jurisdictions and with different views on these matters of such fundamental and practical importance for EU law.

Courts and Comparative Law

AvMads Andenas,Mads Andenasm. fl.

Inbunden, Engelska, 2015

3 146 kr

Skickas inom 3-6 vardagar

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Courts and Comparative Law

AvMads Andenas,Duncan Fairgrieve

Häftad, Engelska, 2019

1 000 kr

Skickas inom 5-8 vardagar

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Judicial Review of Administration in Europe

AvGiacinto della Cananea,Mads Andenas

Inbunden, Engelska, 2021

1 535 kr

Skickas inom 7-10 vardagar

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective.The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Tom Bingham and the Transformation of the Law

A Liber Amicorum

AvMads Andenas,Duncan Fairgrieve

Inbunden, Engelska, 2009

2 306 kr

Skickas inom 5-8 vardagar

Tom Bingham is among the most influential judges of the twentieth century, having occupied in succession the most senior judicial offices, Master of the Rolls, Lord Chief Justice and, currently, Senior Law Lord. His judicial and academic work has deeply influenced the development of the law in a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence have left a profound mark on UK constitutional law. He has also been instrumental in championing the academic and judicial use of comparative law, through his judicial work and involvement with the British Institute of International and Comparative Law.This volume collects around fifty essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career.

Tom Bingham and the Transformation of the Law

A Liber Amicorum

AvMads Andenas,Duncan Fairgrieve

Häftad, Engelska, 2011

731 kr

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Tom Bingham was among the most influential judges of the twentieth century, having occupied in succession the most senior judicial offices, Master of the Rolls, Lord Chief Justice and Senior Law Lord, before retiring in 2008, at which point he devoted himself to the teaching of Human Rights Law, until his death in September 2010. His judicial and academic work has deeply influenced the development of the law in a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence left a profound mark on UK constitutional law. He was also instrumental in championing the academic and judicial use of comparative law, through his judicial work and involvement with the British Institute of International and Comparative Law.This volume collects around fifty essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that took place in the legal system during his career.

Foundations and Future of Financial Regulation

Governance for Responsibility

AvMads Andenas,Iris H-Y Chiu

Inbunden, Engelska, 2013

2 240 kr

Skickas inom 10-15 vardagar

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective.The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Foundations and Future of Financial Regulation

Governance for Responsibility

AvMads Andenas,Iris H-Y Chiu

Häftad, Engelska, 2013

903 kr

Skickas inom 10-15 vardagar

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective.The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

European Comparative Company Law

AvMads Andenas,Frank Wooldridge

Inbunden, Engelska, 2009

1 825 kr

Skickas inom 7-10 vardagar

Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.

Theory and Practice of Harmonisation

AvCamilla Baasch Andersen,Mads Andenas

E-bok

PDF, Engelska, 2012

410 kr

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Harmonized and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonization.

The contributing authors address a variety of different subjects concerned with harmonization and the application of legal rules resulting from harmonization efforts. This study is written by leading scholars engaged in different aspects of harmonization, and covers both regional harmonization within the EU and regional human rights treaties, as well as harmonization with international treaty obligations.

With comparative analysis that contributes to the development of a more general theory on the harmonization process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonization in other regions in Asia, Latin America and Africa.

Contributors: O. Akseli, M. Andenas, C.B. Andersen, S. Andreadakis, Y. Arai-Takahashi, R. Ashcroft, H. Beale, G. Betlem, L.F. Del Duca, J. Devenney, M. Goldby, S. Gopalan, M. Heidemann, R.F. Henschel, I. Katsirea, M. Kenny, J. Kodo, A.H. Kritzer, E.J. Lohse, I. Maletic, J. Malinauskaite, G. McCormack, D. Nagel, A. Okwor, R. Pereira, D. Schiek, P. Syrpis, C. Twigg-Flesner, Q. Wu, H. Xanthaki, B. Zeller

Commercial Contract Law and Arbitration

From Assignments to Unfair Terms

AvMads Andenas,Maren Heidemann

Inbunden, Engelska, 2024

2 147 kr

Skickas inom 5-8 vardagar

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Commercial Contract Law and Arbitration

From Assignments to Unfair Terms

AvMads Andenas,Maren Heidemann

Häftad, Engelska, 2025

630 kr

Skickas inom 10-15 vardagar

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Commercial Contract Law and Arbitration

From Assignments to Unfair Terms

AvMaren Heidemann,Mads Andenas

E-bok

PDF, Engelska, 2024

665 kr

Läs direkt efter köp

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.

Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.

Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Commercial Contract Law and Arbitration

From Assignments to Unfair Terms

AvMaren Heidemann,Mads Andenas

E-bok

Engelska, 2024

665 kr

Läs direkt efter köp

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.

Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.

Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

A Farewell to Fragmentation

Reassertion and Convergence in International Law

AvMads Andenas,Eirik Bjorge

Inbunden, Engelska, 2015

1 825 kr

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Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

European Comparative Company Law

AvMads Andenas,Frank Wooldridge

Häftad, Engelska, 2012

625 kr

Skickas inom 7-10 vardagar

Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.

A Farewell to Fragmentation

Reassertion and Convergence in International Law

AvMads Andenas,Eirik Bjorge

Häftad, Engelska, 2018

638 kr

Skickas inom 7-10 vardagar

Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.

Foundations and Future of Financial Regulation

Governance for Responsibility

AvIris H-Y Chiu,Mads Andenas

E-bok

Engelska, 2013

1 195 kr

Läs direkt efter köp

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective.

The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance.

This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Foundations and Future of Financial Regulation

Governance for Responsibility

AvIris H-Y Chiu,Mads Andenas

E-bok

PDF, Engelska, 2013

1 195 kr

Läs direkt efter köp

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective.

The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance.

This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Financial Regulation and Civil Liability in European Law

AvOlha O. Cherednychenko,Mads Andenas

Inbunden, Engelska, 2020

2 032 kr

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This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

Financial Regulation and Civil Liability in European Law

AvMads Andenas,Olha O. Cherednychenko

E-bok

PDF, Engelska, 2020

410 kr

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This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.

Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

Legal Recognition of Same-Sex Partnerships

A Study of National, European and International Law

AvRobert Wintemute,Mads Andenas

Häftad, Engelska, 2001

1 933 kr

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Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

Treaty of Nice and Beyond

Enlargement and Constitutional Reform

AvMads Andenas,John Usher

Inbunden, Engelska, 2003

1 804 kr

Skickas inom 10-15 vardagar

Designed to succeed previous books on the Maastricht and Amsterdam treaties,this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is rapidly developing in the lead-up to the next Intergovernmental conference. The book's central theme is the discussion of a European Constitution and European Constitutionalism. The new constitutional balance after institutional reform, the Luxembourg courts after Nice, the future of the three pillar Treaty structure and the Human Rights charter are the other main topics. Among the contributors are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor Jurgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve Peers (Essex) Professor Piet Eeckhout (King's College, London) and Professor Alan Dashwood (Cambridge).

Treaty of Nice and Beyond

Enlargement and Constitutional Reform

AvMads Andenas,John Usher

E-bok

PDF, Engelska, 2003

1 949 kr

Läs direkt efter köp

Designed to succeed previous books on the Maastricht and Amsterdam treaties,this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is rapidly developing in the lead-up to the next Intergovernmental conference. The book''s central theme is the discussion of a European Constitution and European Constitutionalism. The new constitutional balance after institutional reform, the Luxembourg courts after Nice, the future of the three pillar Treaty structure and the Human Rights charter are the other main topics. Among the contributors are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor Jürgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve Peers (Essex) Professor Piet Eeckhout (King''s College, London) and Professor Alan Dashwood (Cambridge).

Legal Recognition of Same-Sex Partnerships

A Study of National, European and International Law

AvRobert Wintemute,Mads Andenas

E-bok

PDF, Engelska, 2001

2 088 kr

Läs direkt efter köp

Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other''s children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

Theory and Practice of Harmonisation

AvMads Andenas,Camilla Baasch Andersen

Inbunden, Engelska, 2012

4 031 kr

Skickas inom 5-8 vardagar

Harmonized and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonization. The contributing authors address a variety of different subjects concerned with harmonization and the application of legal rules resulting from harmonization efforts. This study is written by leading scholars engaged in different aspects of harmonization, and covers both regional harmonization within the EU and regional human rights treaties, as well as harmonization with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonization process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonization in other regions in Asia, Latin America and Africa. Contributors: O. Akseli, M. Andenas, C.B. Andersen, S. Andreadakis, Y. Arai-Takahashi, R. Ashcroft, H. Beale, G. Betlem, L.F. Del Duca, J. Devenney, M. Goldby, S. Gopalan, M. Heidemann, R.F. Henschel, I. Katsirea, M. Kenny, J. Kodo, A.H. Kritzer, E.J. Lohse, I. Maletic, J. Malinauskaite, G. McCormack, D. Nagel, A. Okwor, R. Pereira, D. Schiek, P. Syrpis, C. Twigg-Flesner, Q. Wu, H. Xanthaki, B. Zeller