flexibility in modern business law a comparative assessment

Download Book Flexibility In Modern Business Law A Comparative Assessment in PDF format. You can Read Online Flexibility In Modern Business Law A Comparative Assessment here in PDF, EPUB, Mobi or Docx formats.

Flexibility In Modern Business Law

Author : Mark Fenwick
ISBN : 9784431557876
Genre : Law
File Size : 72. 37 MB
Format : PDF, Kindle
Download : 118
Read : 931

Download Now


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. 73 MB
Format : PDF, Kindle
Download : 293
Read : 1033

Download Now


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.

Legal Certainty In A Contemporary Context

Author : Mark Fenwick
ISBN : 9789811001147
Genre : Law
File Size : 32. 24 MB
Format : PDF
Download : 991
Read : 917

Download Now


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.

International Business Law

Author : Mark Fenwick
ISBN : 9781509918065
Genre : Law
File Size : 55. 81 MB
Format : PDF, ePub
Download : 624
Read : 1178

Download Now


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.

E Commerce Law And Practice In Europe

Author : Ian Walden
ISBN : 9781845699000
Genre : Law
File Size : 68. 62 MB
Format : PDF, ePub, Mobi
Download : 157
Read : 395

Download Now


With the massive explosion of e-commerce, and especially the use of the Internet as a transnational and instant medium for business transactions, has come a whole range of new laws and regulations - and, inevitably, a minefield of accompanying uncertainties and potential pitfalls. So what exactly are the legal issues companies need to address, and what are their implications in real terms for the business world? Find the answers in this groundbreaking study undertaken for the European Commission within the framework of the ECLIP project. With a brief to provide practical help for businesses and e-commerce initiatives, this series of cutting-edge reviews examines and evaluates the special rules designed to regulate the Internet - both at a European and at national level in the Member States. It also explains the relevant technological developments and evaluates them against the legal background. This is an essential guide for legal and corporate practitioners alike, as well as software developers and the consultancy community internationally. A publication of the ECLIP network

Labour Market Flexibility And Individual Careers

Author : Simone Kirpal
ISBN : 9400702345
Genre : Education
File Size : 73. 43 MB
Format : PDF, Mobi
Download : 196
Read : 907

Download Now


With labour markets across the world and even in social democratic Europe in a state of unprecedented flux, this exhaustive study addresses the problem of how to balance job market demands, personal career interests and private life becomes a central issue for millions of employees. So how do modern work and employment arrangements restructure individual careers and what is required of individuals in order to manage career transitions successfully over time? This is one of very few in-depth empirical studies to analyze how labour market trends, organisational change and the subjective work orientations of individuals interact. The author’s detailed assessment is based on a comparison of the structural contexts, work orientations and employment histories of nurses and ICT technicians in Germany and the UK. These two core service occupations, as well as the national contexts of the two European nations, have quite different working environments and vocational traditions. Nursing is an institutionalized semi-profession with clear criteria of qualification and career continuity, while information and communication technology (ICT) is a new, evolving field with varied skill backgrounds and high job mobility. To arrive at an understanding of how individual career trajectories are changing, this book closely examines the interplay of labour market demands, employees’ work and career orientations and the development of their skills. It records the ways in which employees adapt to increased labour market flexibility, which, on the one hand, induces discontinuities of careers, employment and work, and on the other, generates new skill requirements and learning expectations, as well as unforeseen opportunities.

Latin American Insolvency Systems

Author : Malcolm Rowat
ISBN : 0821343998
Genre : Law
File Size : 75. 29 MB
Format : PDF, ePub, Docs
Download : 454
Read : 304

Download Now


"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.

The Oxford Handbook Of Work And Organization

Author : Stephen Ackroyd
ISBN : 0199299242
Genre : Business & Economics
File Size : 46. 39 MB
Format : PDF, Docs
Download : 147
Read : 167

Download Now


Aims to bring together, present, and discuss what is known about work and organizations and their connection to broader economic change in Europe and America. This volume contains a range of theoretically informed essays, which give comprehensive coverage of changes in work, occupations, and organizations.

The Oxford Handbook Of Governance

Author : David Levi-Faur
ISBN : 9780199560530
Genre : Business & Economics
File Size : 75. 92 MB
Format : PDF, ePub, Docs
Download : 902
Read : 669

Download Now


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.

Flexible Working And Organisational Change

Author : Bram Peper
ISBN : 178195870X
Genre : Business & Economics
File Size : 30. 95 MB
Format : PDF, ePub, Mobi
Download : 117
Read : 695

Download Now


"The central aim of this book is to consider to what extent changes in organisations and in the nature of jobs are compatible with the need, increasingly expressed by employees, for greater integration between work and family life. The book questions what sort of dilemmas modern and future employees face, in terms of shaping their careers and organising their lives at home. The authors formulate answers to these problematic questions by shedding light on relevant developments in the European labour markets, the European workplaces, in (flexible) working patterns, changing preferences for working hours and in gender relations at work.".

Top Download:

Best Books