flexibility in modern business law a comparative assessment

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Flexibility In Modern Business Law

Author : Mark Fenwick
ISBN : 9784431557876
Genre : Law
File Size : 38. 70 MB
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This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.

The Shifting Meaning Of Legal Certainty In Comparative And Transnational Law

Author : Mark Fenwick
ISBN : 9781509911264
Genre : Law
File Size : 81. 56 MB
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The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

International Business Law

Author : Mark Fenwick
ISBN : 9781509918072
Genre : Law
File Size : 46. 96 MB
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This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

Legal Certainty In A Contemporary Context

Author : Mark Fenwick
ISBN : 9789811001147
Genre : Law
File Size : 48. 39 MB
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This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

The Oxford Handbook Of Governance

Author : David Levi-Faur
ISBN : 9780199560530
Genre : Business & Economics
File Size : 57. 77 MB
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This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

The Oxford Handbook Of Work And Family

Author : Tammy D. Allen
ISBN : 9780199337538
Genre : Work and family
File Size : 36. 79 MB
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The Oxford Handbook of Work and Family examines contemporary work-family issues from a variety of important viewpoints. By thoroughly examining where the field has been and where it is heading, this important volume offers razor-sharp reviews of long-standing topics and fresh ideas to move work-family research and practice in new and necessary directions. In providing comprehensive, interdisciplinary, cross-cultural, and cross-national perspectives, Tammy D. Allen and Lillian T. Eby have assembled a world-class team of scholars and practitioners to offer readers cutting-edge information on this rapidly growing area of scientific inquiry. The Handbook also includes reviews of historically under-studied groups and highlights the important role that technology plays in shaping the work-family interface, the potential contribution of neuroscience to better understanding work-family issues, the ways in which work-family scholarship and practice can be enhanced through theoretical perspectives, and the use of social media to translate important research findings to the public. The Oxford Handbook of Work and Family is a roadmap for moving work-family scholarship forward, while also providing rich descriptive accounts of how major organizations have been able to turn research findings into effective evidence-based policies and practices to help adults better manage both work and family responsibilities.

From Telecommunications To Electronic Services

Author : Robert R. Bruce
ISBN : 9781483161358
Genre : Law
File Size : 76. 62 MB
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Report of the Study of Telecommunications Structures: From Telecommunications to Electronic Services: A Global Spectrum of Definitions, Boundary Lines, and Structures focuses on the advancements in the processes, methodologies, and regulations involved in telecommunications and electronic services. The book first elaborates on common themes and a comparative analysis, including a comparative assessment of definitional and boundary line issues; varying national approaches to the structures of the telecommunications industry; and "engines" for change, institutional mechanisms, and economic pressures. The manuscript then examines international policy issues and institutional perspective of international issues. Topics cover agreements for information and financial service-oriented networks; enhanced service interconnection; impact of international satellite services on national tariff and service policies; and spillover of changes in domestic policy to the international arena. The publication takes a look at the growth of telecommunications and electronic services in the United States, United Kingdom, Japan, and Canada. Discussions focus on the British approach to service definitions and categories; definitional issues raised by the telecommunications business law; reconciling competitive goals with advanced service capabilities; jurisdictional boundaries in Canadian telecommunications; and domestic satellite policies. The text is a valuable source of data for telecommunications and electronic services experts wanting to explore the progress in telecommunications and electronic services.

Flexibility In Workplaces

Author : Isik U. Zeytinoglu
ISBN : 9221161315
Genre : Flextime
File Size : 54. 28 MB
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Organizational Assessment

Author : Charles Lusthaus
ISBN : 0889369984
Genre : Business & Economics
File Size : 48. 80 MB
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Organizational Assessment: A framework for improving performance

Latin American Insolvency Systems

Author : Malcolm Rowat
ISBN : 0821343998
Genre : Law
File Size : 44. 59 MB
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"Modern society has eliminated the inhumane debtors' prisons for handling the insolvent debtor and in their stead have enacted benign modern laws in the area of bankruptcy. Unscrupulous merchants now use these benign laws for fraudulent purposes." Based on case studies in Argentina, Brazil, Mexico, and Venezuela, this is the first publication to provide recommendations about the important legal and institutional issues that are involved in bankruptcy reform in a critical region of the global economy. The authors note that effective bankruptcy policy balances several requirements for the conduct of a stable, successful economy. For example, it might be in the greatest interests to all parties if a company is given an opportunity to restructure and make use of the scarce resources remaining in its possession. On the other hand, inefficient firms, especially those that have long survived only on state subsidies, may need to fail in order to free space in the market for more efficient, better-managed companies. Finally, there are the needs to enforce loan contracts and provide an equitable system of debt collection.

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