Enforcement of Transnational Regulation

Enforcement of Transnational Regulation

Author: Fabrizio Cafaggi

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 399

ISBN-13: 1781003734

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'Globalization pushes the boundaries of markets. Alongside the greater "goods" of transnational economic activity come the "bads" of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the susperstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' – Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement – under international law and through national courts – and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy-makers and law-makers.


Reconciling Efficiency and Equity

Reconciling Efficiency and Equity

Author: Damien Gerard

Publisher: Cambridge University Press

Published: 2019-05-09

Total Pages: 475

ISBN-13: 1108498086

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Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.


Enforcement of Corporate and Securities Law

Enforcement of Corporate and Securities Law

Author: Robin Hui Huang

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 553

ISBN-13: 1316738507

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This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.


Responsive Regulation

Responsive Regulation

Author: Ian Ayres

Publisher: Oxford University Press

Published: 1995-02-16

Total Pages: 216

ISBN-13: 0199879958

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This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.


Achieving Workers' Rights in the Global Economy

Achieving Workers' Rights in the Global Economy

Author: Richard P. Appelbaum

Publisher: Cornell University Press

Published: 2016-06-14

Total Pages: 343

ISBN-13: 150170334X

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The world was shocked in April 2013 when more than 1100 garment workers lost their lives in the collapse of the Rana Plaza factory complex in Dhaka. It was the worst industrial tragedy in the two-hundred-year history of mass apparel manufacture. This so-called accident was, in fact, just waiting to happen, and not merely because of the corruption and exploitation of workers so common in the garment industry. In Achieving Workers' Rights in the Global Economy, Richard P. Appelbaum and Nelson Lichtenstein argue that such tragic events, as well as the low wages, poor working conditions, and voicelessness endemic to the vast majority of workers who labor in the export industries of the global South arise from the very nature of world trade and production. Given their enormous power to squeeze prices and wages, northern brands and retailers today occupy the commanding heights of global capitalism. Retail-dominated supply chains—such as those with Walmart, Apple, and Nike at their heads—generate at least half of all world trade and include hundreds of millions of workers at thousands of contract manufacturers from Shenzhen and Shanghai to Sao Paulo and San Pedro Sula. This book offers an incisive analysis of this pernicious system along with essays that outline a set of practical guides to its radical reform.


Doing Business 2020

Doing Business 2020

Author: World Bank

Publisher: World Bank Publications

Published: 2019-11-21

Total Pages: 254

ISBN-13: 1464814414

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Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.


The International Handbook on Private Enforcement of Competition Law

The International Handbook on Private Enforcement of Competition Law

Author: Albert A. Foer

Publisher: Edward Elgar Pub

Published: 2010

Total Pages: 637

ISBN-13: 9781848448773

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'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US


Regulatory Capitalism

Regulatory Capitalism

Author: John Braithwaite

Publisher: Edward Elgar Publishing

Published: 2008

Total Pages: 261

ISBN-13: 1848441266

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In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.