Economic Law as an Economic Good Its Rule Function and its Tool Function in the Competition of Systems
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Karl M. Meessen, Marc Bungenberg, Adelheid Puttler
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Karl M. Meessen, Marc Bungenberg, Adelheid Puttler (Eds.)
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Economic Law as an Economic Good Its Rule Function and its Tool Function in the Competition of Systems
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sellier.european law publishers
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9783866538580
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1
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CHF 70.20
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Recht
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English
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433
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DRM
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PC/MAC/eReader/Tablet
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PDF
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< >Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities and,very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book.
That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before.
Lawyers and economists, academics and practitioners from inside and outside Germany have taken a look at the facts and discussed approaches to conceptualizing them. The resulting thirty essays collected in this volume contribute to the interpretation of existing, and the making of new, economic law.
Acknowledgements
6
Table of Contents
8
Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems
14
The Theory of Regulatory Competition and Competition Law
38
Economic Law Between Harmonization and Competition: The Law
38
56
38
Economic Constitution, the Constitution of Politics and Interjurisdictional Competition
72
Assessing the Impact of Economic Law
76
The Fallacy of Cultivating the Home Turf: A Business Perspective
86
Economic Law as an Economic Good: Reflections of a European Judge
102
The Notion of Economic Law and Regulatory Competition
114
Public Economic Law as the Law of Market Regulation
126
Competition in the Private Enforcement of Regulatory Law
140
Enforcing Contractual Claims: From Schmitthoff to Investment Arbitration
150
Dealing with Foreign Governments
160
Selecting Locations for Investment
164
The Competition of Systems in the Market for Listings
178
Non-U.S. Clients’ Reactions to Sarbanes Oxley
198
The Competition of International Financial Centres and the Role of Law
204
The Territorial Dimension of Intellectual Property Law
224
Patent Law as an Investment Factor?
232
Worldwide Trademark Management
244
Competition as a WTO subject
254
Leniency in the ECN Framework of Parallel Competences
280
Exporting Competition Policy: From Soft Pressures to Shared Values
290
Where Trade Policy Stands Today
302
The Impact of Amicus Curiae Briefs in the Settlement of Trade and Investment Disputes
312
The Constitutionalism of International Economic Law
328
Intra-EU Systems Competition
348
Competition in and from the Harmonization of Private International Law
364
The European Constitution and Interjurisdictional Competition
380
Environmental Harmonization in the SADC Region: An Acute Case of Asymmetry
396
Harmonization of Business Law in the Maghreb: Legal Obstacles and Opportunities
410
Index
426
