International Studies in the Theory of Private Law – serie

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50 produkter

Global Order Beyond Law
How Information and Communication Technologies Facilitate Relational Contracting in International Trade
AvThomas Dietz,Hugh Collins
Häftad, Engelska, 2016
429 kr
Skickas inom 10-15 vardagar
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Enforcing Corporate Social Responsibility Codes
On Global Self-Regulation and National Private Law
AvAnna Beckers,Hugh Collins
Häftad, Engelska, 2018
710 kr
Skickas inom 10-15 vardagar
Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice.The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges,Hugh Collins
Inbunden, Engelska, 2022
1 542 kr
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In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges
E-bok
Engelska, 2022
772 kr
Läs direkt efter köp
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges
E-bok
PDF, Engelska, 2022
772 kr
Läs direkt efter köp
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Networks of Collaborative Contracts for Innovation
AvPablo Marcello Baquero,Hugh Collins
Inbunden, Engelska, 2020
1 414 kr
Skickas inom 10-15 vardagar
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’.This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Networks of Collaborative Contracts for Innovation
AvPablo Marcello Baquero
E-bok
Engelska, 2020
611 kr
Läs direkt efter köp
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ''open innovation''. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Networks of Collaborative Contracts for Innovation
AvPablo Marcello Baquero
E-bok
PDF, Engelska, 2020
617 kr
Läs direkt efter köp
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ''open innovation''. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Wrongful Enrichment
A Study in Comparative Law and Culture
AvNahel Asfour,Hugh Collins
Häftad, Engelska, 2020
467 kr
Skickas inom 10-15 vardagar
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region’s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Networks of Collaborative Contracts for Innovation
AvPablo Marcello Baquero,Hugh Collins
Häftad, Engelska, 2022
570 kr
Skickas inom 10-15 vardagar
With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’.This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Regulating Boilerplate
Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
AvMarcus Moore,Hugh Collinsm. fl.
Inbunden, Engelska, 2027
1 553 kr
Kommande
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a ‘law in context’ methodology to offer solutions. The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
Conflict and Transformation
Essays on European Law and Policy
AvChristian Joerges,Hugh Collins
Häftad, Engelska, 2024
710 kr
Skickas inom 10-15 vardagar
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Constitutional Rights in Private Law
AvTom Kohavi,Hugh Collinsm. fl.
Inbunden, Engelska, 2025
1 158 kr
Skickas inom 10-15 vardagar
This book provides the philosophical foundations for the application of constitutional rights in private law—and more broadly, for social justice-oriented private law reform.It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law’s ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
Constitutional Rights in Private Law
AvTom Kohavi
E-bok
Engelska, 2025
1 114 kr
Läs direkt efter köp
This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform. It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
Constitutional Rights in Private Law
AvTom Kohavi
E-bok
PDF, Engelska, 2025
1 114 kr
Läs direkt efter köp
This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform. It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
Stability and Change in Modern Property Law
A Comparative Approach to the Principle of Numerus Clausus
AvErnesto Vargas Weil,Hugh Collins
Inbunden, Engelska, 2025
1 158 kr
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Winner of the 2026 SLS Peter Birks Prize for Outstanding Legal ScholarshipThis book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ‘functional transformation’ of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Stability and Change in Modern Property Law
A Comparative Approach to the Principle of Numerus Clausus
AvErnesto Vargas Weil
E-bok
Engelska, 2025
1 250 kr
Läs direkt efter köp
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ''functional transformation'' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Stability and Change in Modern Property Law
A Comparative Approach to the Principle of Numerus Clausus
AvErnesto Vargas Weil
E-bok
PDF, Engelska, 2025
1 263 kr
Läs direkt efter köp
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ''functional transformation'' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Revisiting the Contracts Scholarship of Stewart Macaulay
On the Empirical and the Lyrical
AvJean Braucher,John Kidwellm. fl.
E-bok
PDF, Engelska, 2013
1 403 kr
Läs direkt efter köp
This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay''s foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices.The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay''s work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay''s most cited paper, ''Non-Contractual Relations in Business'', and excerpts from two other important papers of his, ''Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards'', and ''The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules''.
Revisiting the Contracts Scholarship of Stewart Macaulay
On the Empirical and the Lyrical
AvJean Braucher,John Kidwellm. fl.
E-bok
Engelska, 2013
1 403 kr
Läs direkt efter köp
This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay''s foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices.The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay''s work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay''s most cited paper, ''Non-Contractual Relations in Business'', and excerpts from two other important papers of his, ''Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards'', and ''The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules''.
Global Order Beyond Law
How Information and Communication Technologies Facilitate Relational Contracting in International Trade
AvThomas Dietz
E-bok
PDF, Engelska, 2014
463 kr
Läs direkt efter köp
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today''s globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union''s supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Global Order Beyond Law
How Information and Communication Technologies Facilitate Relational Contracting in International Trade
AvThomas Dietz
E-bok
Engelska, 2014
463 kr
Läs direkt efter köp
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today''s globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union''s supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Wrongful Enrichment
A Study in Comparative Law and Culture
AvNahel Asfour,Hugh Collins
Inbunden, Engelska, 2017
1 158 kr
Skickas inom 10-15 vardagar
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region’s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Enrichment
A Study in Comparative Law and Culture
AvNahel Asfour
E-bok
Engelska, 2017
505 kr
Läs direkt efter köp
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region''s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Wrongful Enrichment
A Study in Comparative Law and Culture
AvNahel Asfour
E-bok
PDF, Engelska, 2017
505 kr
Läs direkt efter köp
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region''s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Financial Crisis in Constitutional Perspective
The Dark Side of Functional Differentiation
AvPoul F Kjaer,Gunther Teubnerm. fl.
Inbunden, Engelska, 2011
1 414 kr
Skickas inom 10-15 vardagar
This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society.Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.
Ecological Sensitivity and Global Legal Pluralism
Rethinking the Trade and Environment Conflict
AvOren Perez,Hugh Collins
Inbunden, Engelska, 2004
1 286 kr
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The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae.Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.
Implicit Dimensions of Contract
Discrete, Relational, and Network Contracts
AvDavid Campbell,Hugh Collinsm. fl.
Häftad, Engelska, 2003
1 158 kr
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This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Transnational Governance and Constitutionalism
AvChristian Joerges,Inger-Johanne Sandm. fl.
Inbunden, Engelska, 2004
1 798 kr
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The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
Comparative Remedies for Breach of Contract
AvNili Cohen,Nili Cohenm. fl.
Inbunden, Engelska, 2005
1 414 kr
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The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.

International Studies in the Theory of Private Law – serie

Global Order Beyond Law

Enforcing Corporate Social Responsibility Codes

Conflict and Transformation

Conflict and Transformation

Conflict and Transformation

Networks of Collaborative Contracts for Innovation

Networks of Collaborative Contracts for Innovation

Networks of Collaborative Contracts for Innovation

Wrongful Enrichment

Networks of Collaborative Contracts for Innovation

Regulating Boilerplate

Conflict and Transformation

Constitutional Rights in Private Law

Constitutional Rights in Private Law

Constitutional Rights in Private Law

Stability and Change in Modern Property Law

Stability and Change in Modern Property Law

Stability and Change in Modern Property Law

Revisiting the Contracts Scholarship of Stewart Macaulay

Revisiting the Contracts Scholarship of Stewart Macaulay

Global Order Beyond Law

Global Order Beyond Law

Wrongful Enrichment

Wrongful Enrichment

Wrongful Enrichment

Financial Crisis in Constitutional Perspective

Ecological Sensitivity and Global Legal Pluralism

Implicit Dimensions of Contract

Transnational Governance and Constitutionalism

Comparative Remedies for Breach of Contract