International Law and Economics – serie

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31 produkter

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31 produkter

Excessive Pricing and Competition Law Enforcement
AvYannis Katsoulacos,Frédéric Jenny
Häftad, Engelska, 2019
1 703 kr
Skickas inom 10-15 vardagar
This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.
Energy Security and Green Energy
National Policies and the Law of the WTO
AvAngelica Rutherford
Inbunden, Engelska, 2020
1 306 kr
Skickas inom 10-15 vardagar
This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies – Great Britain and Brazil – this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.
Energy Security and Green Energy
National Policies and the Law of the WTO
AvAngelica Rutherford
Häftad, Engelska, 2021
1 306 kr
Skickas inom 10-15 vardagar
This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies – Great Britain and Brazil – this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.
Breach of Contract
An Economic Analysis of the Efficient Breach Scenario
AvOliver Hofmann
Inbunden, Engelska, 2021
1 206 kr
Skickas inom 10-15 vardagar
“Efficient breach” is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.
Breach of Contract
An Economic Analysis of the Efficient Breach Scenario
AvOliver Hofmann
Häftad, Engelska, 2022
1 206 kr
Skickas inom 10-15 vardagar
“Efficient breach” is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.
Political Economy of International Agreements
A Collection of Essays
AvFlorian Kiesow Cortez
Inbunden, Engelska, 2021
1 703 kr
Skickas inom 10-15 vardagar
This volume analyzes international agreements from a political economy perspective. In four essays, it raises the question of whether domestic institutions help explain if countries join international agreements, and in case they do, what type of international organization they join. The book examines how specific democratic design elements channel and mediate domestic demands directed at politicians, and how under certain circumstances entering international agreements helps politicians navigate these demands to their benefit. The volume also distinguishes between different types of international instruments with a varying expected constraining effect upon member states, and empirically tests if this matters for incentives to join. The volume addresses scholars, students, and practitioners interested in a better understanding of how the shape of domestic institutions affects politicians’ incentives to enter into binding international agreements.
Political Economy of International Agreements
A Collection of Essays
AvFlorian Kiesow Cortez
Häftad, Engelska, 2022
1 703 kr
Skickas inom 10-15 vardagar
This volume analyzes international agreements from a political economy perspective. In four essays, it raises the question of whether domestic institutions help explain if countries join international agreements, and in case they do, what type of international organization they join. The book examines how specific democratic design elements channel and mediate domestic demands directed at politicians, and how under certain circumstances entering international agreements helps politicians navigate these demands to their benefit. The volume also distinguishes between different types of international instruments with a varying expected constraining effect upon member states, and empirically tests if this matters for incentives to join. The volume addresses scholars, students, and practitioners interested in a better understanding of how the shape of domestic institutions affects politicians’ incentives to enter into binding international agreements.
Equity, Efficiency, and Ethics in Remedies for Breach of Contract
Theory and Experimental Evidence
AvSergio Mittlaender
Inbunden, Engelska, 2022
1 204 kr
Skickas inom 10-15 vardagar
This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages.The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Equity, Efficiency, and Ethics in Remedies for Breach of Contract
Theory and Experimental Evidence
AvSergio Mittlaender
Häftad, Engelska, 2023
1 204 kr
Skickas inom 10-15 vardagar
This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages.The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
When Do People Obey Laws?
Towards an Integrated Approach to Compliance
AvShubhangi Roy
Inbunden, Engelska, 2024
1 106 kr
Skickas inom 10-15 vardagar
This book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws?By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments?The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitationsof law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource.
When Do People Obey Laws?
Towards an Integrated Approach to Compliance
AvShubhangi Roy
Häftad, Engelska, 2025
1 106 kr
Skickas inom 10-15 vardagar
This book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws?By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments?The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitationsof law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource.
Information in International Law
An Empirical Study
AvJosé M. Reis
Inbunden, Engelska, 2024
1 300 kr
Skickas inom 5-8 vardagar
Examining state behavior, this book sheds light on the often-overlooked role of information production and diffusion in international law and relations. Most theories of public international law and state behavior rely on a certain degree of international law-related information, such as an international legal ruling, being made public and diffused to reach various key actors such as third states or domestic actors. However, while assumptions about information being produced and diffused permeate international legal scholarly work, these assumptions have not been systematically and empirically evaluated. Based on an empirical analysis, the author challenges prevailing assumptions by systematically evaluating the accessibility and dissemination of crucial international law related information such as treaty negotiation documents or legal rulings.Using a variety of quantitative case studies on key stages of international lawmaking and covering various issue-areas, from human rights to trade law, each chapter traverses three critical levels of analysis, namely whether international law information is public and transparent, whether the information is salient and reaches the general public, and how the information is framed by the media and political elites.The book will appeal to students, researchers, and scholars of law, political science, and economics, as well as policy-makers interested in a better understanding of information production and diffusion in international law and the impact of public opinion on compliance with international law.
Information in International Law
An Empirical Study
AvJosé M. Reis
Häftad, Engelska, 2025
1 306 kr
Skickas inom 10-15 vardagar
Examining state behavior, this book sheds light on the often-overlooked role of information production and diffusion in international law and relations. Most theories of public international law and state behavior rely on a certain degree of international law-related information, such as an international legal ruling, being made public and diffused to reach various key actors such as third states or domestic actors. However, while assumptions about information being produced and diffused permeate international legal scholarly work, these assumptions have not been systematically and empirically evaluated. Based on an empirical analysis, the author challenges prevailing assumptions by systematically evaluating the accessibility and dissemination of crucial international law related information such as treaty negotiation documents or legal rulings.Using a variety of quantitative case studies on key stages of international lawmaking and covering various issue-areas, from human rights to trade law, each chapter traverses three critical levels of analysis, namely whether international law information is public and transparent, whether the information is salient and reaches the general public, and how the information is framed by the media and political elites.The book will appeal to students, researchers, and scholars of law, political science, and economics, as well as policy-makers interested in a better understanding of information production and diffusion in international law and the impact of public opinion on compliance with international law.
Automated Copyright Filters
A Law and Economics Analysis
AvOliver Englisch
Inbunden, Engelska, 2025
1 306 kr
Skickas inom 10-15 vardagar
The automated filtering of upload attempts to online platforms is one of the most contentious issues in the fields of copyright enforcement and platform regulation. Notwithstanding the impassioned debate, research from a law and economics perspective is scarce.This book presents the first comprehensive economic analysis of automated copyright filtering. The author develops an economic model of the competition between right holders and copyright-infringing uploaders on a platform. Furthermore, he applies insights from the economic literature on decision-making under uncertainty and incentive alignment to automated copyright filtering.The analysis disentangles complex relationships and challenges prevailing assumptions. It offers a novel perspective on the implications of automated filtering for the objectives of copyright policy, on the avoidance of erroneous filtering decisions, and on regulatory approaches to automated filtering. The author employs his findings to evaluate the current US and EU legal frameworks and proposes improvements.This book will appeal to researchers and policy makers interested in automated filtering, copyright enforcement, and platform regulation.
Automated Copyright Filters
A Law and Economics Analysis
AvOliver Englisch
Häftad, Engelska, 2026
1 306 kr
Skickas inom 10-15 vardagar
The automated filtering of upload attempts to online platforms is one of the most contentious issues in the fields of copyright enforcement and platform regulation. Notwithstanding the impassioned debate, research from a law and economics perspective is scarce.This book presents the first comprehensive economic analysis of automated copyright filtering. The author develops an economic model of the competition between right holders and copyright-infringing uploaders on a platform. Furthermore, he applies insights from the economic literature on decision-making under uncertainty and incentive alignment to automated copyright filtering.The analysis disentangles complex relationships and challenges prevailing assumptions. It offers a novel perspective on the implications of automated filtering for the objectives of copyright policy, on the avoidance of erroneous filtering decisions, and on regulatory approaches to automated filtering. The author employs his findings to evaluate the current US and EU legal frameworks and proposes improvements.This book will appeal to researchers and policy makers interested in automated filtering, copyright enforcement, and platform regulation.
Protection of Community Interests in the International Law of State Responsibility
Insights from Rational Choice Theory
AvJulia Lemke
Inbunden, Engelska, 2025
1 206 kr
Skickas inom 10-15 vardagar
This book redefines the traditional understanding of state responsibility. It presents a compelling argument that international law's effectiveness hinges on its ability to protect not only state interests but also those of the global community.Drawing from principles established in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), the book examines how states, conceptualised as rational actors, navigate collective action challenges. Through a law and economics lens, it sheds light on the role of international state responsibility in providing global public goods and safeguarding common pool resources.This interdisciplinary book offers valuable insights and normative suggestions for enhancing the ARSIWA's efficacy in promoting community interests. It will appeal to scholars and practitioners in public international law, law and economics, and international relations, interested in a better understanding of international law's role in tackling pressing global issues.
Protection of Community Interests in the International Law of State Responsibility
Insights from Rational Choice Theory
AvJulia Lemke
Häftad, Engelska, 2026
1 206 kr
Skickas inom 10-15 vardagar
This book redefines the traditional understanding of state responsibility. It presents a compelling argument that international law's effectiveness hinges on its ability to protect not only state interests but also those of the global community.Drawing from principles established in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), the book examines how states, conceptualised as rational actors, navigate collective action challenges. Through a law and economics lens, it sheds light on the role of international state responsibility in providing global public goods and safeguarding common pool resources.This interdisciplinary book offers valuable insights and normative suggestions for enhancing the ARSIWA's efficacy in promoting community interests. It will appeal to scholars and practitioners in public international law, law and economics, and international relations, interested in a better understanding of international law's role in tackling pressing global issues.
Overcoming Asymmetric Information in the Crowdfunding Market
A Law and Economics Approach
AvAna Odorović
Inbunden, Engelska, 2025
1 204 kr
Skickas inom 10-15 vardagar
Crowdfunding has gained increasing attention from regulators and policymakers worldwide, yet responses have varied due to its hybrid position between direct and intermediated finance, diverse business models, and limited evidence on market failures that would justify regulatory intervention.This book provides a comprehensive analysis of how market- and regulatory-based mechanisms of investor protection interact in the crowdfunding sector and proposes a risk-based regulatory framework. It compares financial-return crowdfunding to traditional finance actors, examines how information asymmetry is addressed through voluntary disclosure, issuer signalling, and platform gatekeeping, and explores the economic functions of self-regulatory frameworks adopted by crowdfunding associations in Europe.The book then turns to the role of law in addressing residual risks and accommodating the re-intermediation roles of platforms. Finally, it presents empirical evidence on the effects of the UK’s bespoke crowdfunding regulation on market outcomes.This book will appeal to scholars and students in law, economics, and finance, as well as to regulators and policymakers seeking a deeper understanding of crowdfunding markets and their regulation.
Copyright Versus Open Access
On the Organisation and International Political Economy of Access to Scientific Knowledge
AvMarc Scheufen
Inbunden, Engelska, 2015
505 kr
Skickas inom 10-15 vardagar
This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.
Breeder's Exception to Patent Rights
Analysis of Compliance with Article 30 of the TRIPS Agreement
AvViola Prifti
Inbunden, Engelska, 2015
1 004 kr
Skickas inom 10-15 vardagar
This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder’s exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.
Competition Law Enforcement in the BRICS and in Developing Countries
Legal and Economic Aspects
AvFrederic Jenny,Yannis Katsoulacos
Inbunden, Engelska, 2016
1 004 kr
Skickas inom 10-15 vardagar
This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
Copyright Versus Open Access
On the Organisation and International Political Economy of Access to Scientific Knowledge
AvMarc Scheufen
Häftad, Engelska, 2016
505 kr
Skickas inom 10-15 vardagar
This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.
Breeder's Exception to Patent Rights
Analysis of Compliance with Article 30 of the TRIPS Agreement
AvViola Prifti
Häftad, Engelska, 2016
1 004 kr
Skickas inom 10-15 vardagar
This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder’s exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.
International Commercial Arbitration and the Commercial Agency Directive
A Perspective from Law and Economics
AvJan Engelmann
Inbunden, Engelska, 2017
1 304 kr
Skickas inom 10-15 vardagar
This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
Large-Scale Land Investments in Least Developed Countries
Legal Conflicts Between Investment and Human Rights Protection
AvLuis Tomás Montilla Fernández
Inbunden, Engelska, 2017
1 004 kr
Skickas inom 10-15 vardagar
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
Contracting International Employee Participation
Global Framework Agreements
AvFelix Hadwiger
Inbunden, Engelska, 2018
1 154 kr
Skickas inom 10-15 vardagar
In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.
Competition Law Enforcement in the BRICS and in Developing Countries
Legal and Economic Aspects
AvFrederic Jenny,Yannis Katsoulacos
Häftad, Engelska, 2018
1 004 kr
Skickas inom 10-15 vardagar
This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
International Commercial Arbitration and the Commercial Agency Directive
A Perspective from Law and Economics
AvJan Engelmann
Häftad, Engelska, 2018
905 kr
Skickas inom 10-15 vardagar
This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
Large-Scale Land Investments in Least Developed Countries
Legal Conflicts Between Investment and Human Rights Protection
AvLuis Tomás Montilla Fernández
Häftad, Engelska, 2018
1 004 kr
Skickas inom 10-15 vardagar
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
Contracting International Employee Participation
Global Framework Agreements
AvFelix Hadwiger
Häftad, Engelska, 2019
1 154 kr
Skickas inom 10-15 vardagar
In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.

International Law and Economics – serie

Excessive Pricing and Competition Law Enforcement

Energy Security and Green Energy

Energy Security and Green Energy

Breach of Contract

Breach of Contract

Political Economy of International Agreements

Political Economy of International Agreements

Equity, Efficiency, and Ethics in Remedies for Breach of Contract

Equity, Efficiency, and Ethics in Remedies for Breach of Contract

When Do People Obey Laws?

When Do People Obey Laws?

Information in International Law

Information in International Law

Automated Copyright Filters

Automated Copyright Filters

Protection of Community Interests in the International Law of State Responsibility

Protection of Community Interests in the International Law of State Responsibility

Overcoming Asymmetric Information in the Crowdfunding Market

Copyright Versus Open Access

Breeder's Exception to Patent Rights

Competition Law Enforcement in the BRICS and in Developing Countries

Copyright Versus Open Access

Breeder's Exception to Patent Rights

International Commercial Arbitration and the Commercial Agency Directive

Large-Scale Land Investments in Least Developed Countries

Contracting International Employee Participation

Competition Law Enforcement in the BRICS and in Developing Countries

International Commercial Arbitration and the Commercial Agency Directive

Large-Scale Land Investments in Least Developed Countries

Contracting International Employee Participation