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Spontaneous Order, Organization and the Law
Spontaneous Order, Organization and the Law contains contributions by renowned lawyers from all over the World, to honor one of our time's most significant private law scholars, Ernst-Joachim Mestmäcker, Director (emeritus) of the Max Planck Institute for Foreign Private and International Private Law in Hamburg, on the occasion of his 75th Anniversary. The papers presented at an academic symposium to celebrate the occasion are included in the Annex. The contributions cover a wide spectrum of subjects, ranging from theoretical questions of hybrid governance across national jurisdictions, the changing role of the state, competition as a basic element of the social market economy, and international economic relations in the twenty-first century, to regulatory reform of European telecommunications, the public spirit of the corporation, venture capital funding for biotech pharmaceutical companies, and other questions of corporate law, competition law, civil law and constitutional law, arising in Europe, the US, Japan and Israel.
Spontaneous Order, Organization and the Law
Spontaneous Order, Organization and the Law contains contributions by renowned lawyers from all over the World, to honor one of our time's most significant private law scholars, Ernst-Joachim Mestmäcker, Director (emeritus) of the Max Planck Institute for Foreign Private and International Private Law in Hamburg, on the occasion of his 75th Anniversary. The papers presented at an academic symposium to celebrate the occasion are included in the Annex. The contributions cover a wide spectrum of subjects, ranging from theoretical questions of hybrid governance across national jurisdictions, the changing role of the state, competition as a basic element of the social market economy, and international economic relations in the twenty-first century, to regulatory reform of European telecommunications, the public spirit of the corporation, venture capital funding for biotech pharmaceutical companies, and other questions of corporate law, competition law, civil law and constitutional law, arising in Europe, the US, Japan and Israel.
Globalists
George Louis Beer Prize Winner Wallace K. Ferguson Prize Finalist A Marginal Revolution Book of the Year “A groundbreaking contribution...Intellectual history at its best.” —Stephen Wertheim, Foreign Affairs Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. It was a project that changed the world, but was also undermined time and again by the relentless change and social injustice that ...
The Law of Political Economy
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
The Historical Foundations of EU Competition Law
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.
Governance in "Cyberspace":Access and Public Interest in Global Communications
`Cyberspace' is the emerging invisible, intangible world of electronic information and processes stored at multiple interconnected sites. The digital revolution leads to `convergence' (of telecommunications, computer/Internet and broadcasting) and to dynamic multimedia value chains. Deregulation and competition are major driving forces in the new interactive electronic environment. This volume contains normative proposals for `cyber'-regulation, including self-regulation, grounded on developments in the EU, US and the Far East, in international organisations (WTO, OECD, WIPO, ITU), in business fora, in NGOs, in the `Internet community' and in academic research. The multi-actor (government, b...
The Multinational Enterprise and Legal Control
This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls. In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control – transparently or less so – foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely,Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very ‘experience of years’ that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
The Interplay between European and National Competition Law after Regulation 1/2003
If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the excepti...
A Legal Theory Without Law
Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.
