Economic and Financial Law & Policy – Shifting Insights & Values – serie

This book examines how legal systems and mechanisms give shape to the capitalist economic system. In this regard, it focuses on the most important of these systems, such as monetary and financial law, company law, fiscality, contract and labour law. Further, the book provides a thorough analysis of the underlying ethical values of said legal systems and mechanisms. It also gives an overview of several potentially devastating related effects, such as poverty, the increasing polarisation between rich and poor, climate change, and mounting debts at both the public and private level. The book concludes by presenting proposals for change. Given its critical analysis of legal systems and mechanisms in connection with the value choices dictated by economic ideologies, the book will be of particular interest to legal and economic academics, researchers and students, but also to policymakers, and, more generally, to anyone with a genuine concern for how the socio-economic order will evolve.

The book provides a critical analysis of the legal mechanisms that help shape the capitalist system, and also makes proposals for deploying these tools in a different manner.Although often disguised in difficult legal jargon, in reality the main legal building blocks of the prevailing capitalist socio-economic system are simple, the most important being: (1) money; (2) the company form and (3) (neo)liberal state organization aimed at making markets as free as possible for the entrepreneurial sector. Having been used to create the socio-economic order over 2-3 centuries, the legal systems that helped shape capitalist societies around the globe have also contributed to a variety of fundamental problems that remain unaddressed by the capitalist system itself, such as ever-mounting public and private debt, pollution and climate change, an increasing polarization between rich and poor and a globally unjust fiscal order. By proposing alternative uses for the tools of law thatshape capitalism, the book also makes proposals for dealing with these matters.

The book provides a critical analysis of the legal mechanisms that help shape the capitalist system, and also makes proposals for deploying these tools in a different manner.Although often disguised in difficult legal jargon, in reality the main legal building blocks of the prevailing capitalist socio-economic system are simple, the most important being: (1) money; (2) the company form and (3) (neo)liberal state organization aimed at making markets as free as possible for the entrepreneurial sector. Having been used to create the socio-economic order over 2-3 centuries, the legal systems that helped shape capitalist societies around the globe have also contributed to a variety of fundamental problems that remain unaddressed by the capitalist system itself, such as ever-mounting public and private debt, pollution and climate change, an increasing polarization between rich and poor and a globally unjust fiscal order. By proposing alternative uses for the tools of law thatshape capitalism, the book also makes proposals for dealing with these matters.

This book analyzes the impact of Solvency II. In recent years, EU legislators have sought to introduce fundamental reforms. Whether these reforms were indeed fundamental is critically investigated with regard to a post-crisis piece of financial legislation affecting the EU’s largest institutional investors: Solvency II. Namely, the last financial and economic crisis, the worst financial catastrophe of the last decade, revealed that financial law in particular was not sufficiently mature to maintain the existence of a robust and trust-worthy financial system that could protect society from economic decline. The work also makes concrete recommendations on achieving a more sustainable future. As such, it offers a valuable resource for anyone who is interested in the financial system, the EU political economy, insurance, sustainability, and Critical Legal Studies.

This book analyzes the impact of Solvency II. In recent years, EU legislators have sought to introduce fundamental reforms. Whether these reforms were indeed fundamental is critically investigated with regard to a post-crisis piece of financial legislation affecting the EU’s largest institutional investors: Solvency II. Namely, the last financial and economic crisis, the worst financial catastrophe of the last decade, revealed that financial law in particular was not sufficiently mature to maintain the existence of a robust and trust-worthy financial system that could protect society from economic decline. The work also makes concrete recommendations on achieving a more sustainable future. As such, it offers a valuable resource for anyone who is interested in the financial system, the EU political economy, insurance, sustainability, and Critical Legal Studies.

This book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.

This book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.

This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, crypto­currencies and how the law tries to regulate this basically privatelaw instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes.The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically exa­mining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instru­ment for all researchers investigating these matters, besides policymakers and their ad­visers as well as all lawyers active in the field of economic law who look for a new per­spective on the subject matters dealt with.

This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, crypto­currencies and how the law tries to regulate this basically privatelaw instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes.The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically exa­mining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instru­ment for all researchers investigating these matters, besides policymakers and their ad­visers as well as all lawyers active in the field of economic law who look for a new per­spective on the subject matters dealt with.

This open access book provides a comprehensive analysis of the socioeconomic determinants of Covid-19. From the end of 2019 until presently, the world has been ravaged by the Covid-19 pandemic. Although the cause of this is (obviously) a virus, the extent to which this virus spread, and therefore the number of infections and deaths, was largely determined by socio-economic factors. From this, it follows that the course of the pandemic varies greatly from one country to another. This observation applies both to countries’ resilience to such a pandemic (which is mainly rooted in the period preceding the outbreak of the virus) and to the way in which countries have reacted to the virus (including the political choices on how to respond). Meanwhile, research has made it clear that the nature of this response (e.g., elimination policy, mitigation policy, and proceeding herd immunity) was, on the one hand, strongly determined by political and ideological factors and, on the other hand, was highly influential in the factors of success or failure in combating the pandemic.The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.

This open access book provides a comprehensive analysis of the socioeconomic determinants of Covid-19. From the end of 2019 until presently, the world has been ravaged by the Covid-19 pandemic. Although the cause of this is (obviously) a virus, the extent to which this virus spread, and therefore the number of infections and deaths, was largely determined by socio-economic factors. From this, it follows that the course of the pandemic varies greatly from one country to another. This observation applies both to countries’ resilience to such a pandemic (which is mainly rooted in the period preceding the outbreak of the virus) and to the way in which countries have reacted to the virus (including the political choices on how to respond). Meanwhile, research has made it clear that the nature of this response (e.g., elimination policy, mitigation policy, and proceeding herd immunity) was, on the one hand, strongly determined by political and ideological factors and, on the other hand, was highly influential in the factors of success or failure in combating the pandemic.The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.

The book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, espe­cially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prio­ritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change."The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out.This is an open access book.

The book analyzes socioeconomic through the lens of a lawyer. In the past decade the world has witnessed some severe financial and economic crises, espe­cially the financial crisis of 2007-2008 and the crisis caused by the COVID-19 pandemic. The author states that the socio-economic order has in the past four to five decades been thoroughly redesigned, generally favouring models that prio­ritize the free market over the public interest or even, more generally, government operation. He works out that during four to five decades, globalized, capitalist societies are facing a multiplicity of fundamental problems, such as: (1) increasing debt that severely burdens both the private and public sectors; (2) persistent poverty and an ever-increasing polarization between rich and poor, in addition to (3) intractable environmental problems that, fifty years after the Club of Rome's report entitled ‘Limits to growth’ (1972), has dragged the world into what in recent years has been referred to as "climate change."The book explains why all this is the direct result of value choices made from the late Middle Ages onwards, when in the Western world the societal models of that time were increasingly abandoned for a societal model that came to rely on the primacy of economic interests. The book not only subjects the ethical choices but also examines various problems it has caused and probes for possible ways out.This is an open access book.

This book provides deep scientific analysis into the almost unexplored realm of the right to energy with this groundbreaking research, addressing the scattered theoretical-legal foundations within modern legal doctrine. This work systematically structures and systematizes the essential elements for recognizing and shaping the right to energy. Adopting a transdisciplinary approach, it goes beyond the legal domain to encompass historical, economic, social, political, and doctrinal aspects, offering a comprehensive perspective. First, this book intricately examines the theoretical elements influencing the configuration of the right to energy, drawing on historical, economic, and normative backgrounds at international, regional, and national levels. By synthesizing existing doctrine, it provides a solid foundation for the inclusion of the right to energy in legal instruments worldwide. Then, it undertakes a meticulous analysis of Cuba's energy-related normative provisions, starting with its 2019 Constitution. A systematic examination of the legal framework follows, unravelling the regulatory complexities within the energy sector. These findings serve as a theoretical cornerstone for recognizing and configuring the right to energy in Cuba. Finally, upon these insights, the book navigates the intricacies of the Cuban legal system to argue for the essential elements of the right to energy. Bridging gaps in knowledge, this research contributes a theoretical basis, crucial for the future legal recognition and configuration of the right to energy in Cuba. Uncover the transformative potential of this study, poised to elevate awareness and influence the international discourse on the right to energy. This book stands out due to its innovative doctrinal approach, aiming to enhance international, regional, constitutional and complementary regulations. The significance of this study goes beyond theoretical considerations, as it directly impacts the understanding of the right to energy, becoming an essential prerequisite for fostering sustainable development in the contemporary era. By addressing this critical gap, the work not only contributes to academic discourse but also holds practical implications for the improvement of legal frameworks, making it a valuable and timely addition to the scholarly landscape. This research resonates globally, influencing international bodies overseeing legal instruments. Regionally, it aligns with European, Latin American, and Caribbean integration entities, with broader applicability worldwide. At the national level, it informs legislators, decision-makers, and legal practitioners. Its transdisciplinary nature extends its relevance to sociology, economics, and geography professionals, enriching the educational landscape for students in related fields. In essence, this study transcends boundaries, disciplines, and professional domains, leaving a multifaceted impact at the international, regional, and national tiers.

This book offers an in-depth legal analysis of the right to food from both international and Cuban perspectives. It explores the historical, legal and theoretical evolution of the right to food, examining its normative foundations, legal content, guiding principles, state obligations and institutional guarantees within international human rights law and contemporary constitutional frameworks. The book introduces a novel four-fold interpretation of the right to food, integrating the right to be free from hunger, the right to food security, the right to food sovereignty and the right to healthy and adequate food into a coherent legal framework. Building upon this approach, it develops a comprehensive legal architecture of the right to food by proposing a new configuration of its guiding principles, differentiated state obligations and institutional guarantees. In doing so, it contributes to contemporary debates on the legal nature, interpretation, and implementation of the right to food, while addressing its relationship with sustainability, agricultural governance, and human rights. Particular attention is devoted to the Cuban legal system, providing a comprehensive examination of the constitutional recognition of the right to food, recent legislative reforms and the institutional mechanisms developed to implement food sovereignty and nutrition security. At the same time, the analysis situates the Cuban experience within broader international legal developments, offering comparative insights relevant to both developed and developing countries. Combining doctrinal legal research, historical analysis, and comparative perspectives, this book advances an original theoretical framework for understanding and implementing the right to food while providing practical insights for academics, legislators, policymakers, legal practitioners, and international organisations interested in food law, human rights, and sustainable food systems.

This book presents a thorough and critical evaluation of the monetary and financial system prevalent in Western economies. Further, it seeks to explain why this system so often leads to financial crises and why they have been dealt with unsatisfactorily in the past. In order to provide answers to these questions, the book investigates the monetary and financial system from a multidisciplinary perspective, with a strong focus on the ethical value choices which throughout history have shaped the monetary and financial legal system. In the closing chapters, the book also advances a detailed proposal for a New Global Monetary Order, one based on altruism, as an alternative to the neoliberal values dominant today.

This book presents a thorough and critical evaluation of the monetary and financial system prevalent in Western economies. Further, it seeks to explain why this system so often leads to financial crises and why they have been dealt with unsatisfactorily in the past. In order to provide answers to these questions, the book investigates the monetary and financial system from a multidisciplinary perspective, with a strong focus on the ethical value choices which throughout history have shaped the monetary and financial legal system. In the closing chapters, the book also advances a detailed proposal for a New Global Monetary Order, one based on altruism, as an alternative to the neoliberal values dominant today.