Economic law as an economic good : its rule function and its tool funktion in the competition of systems / / edited by Karl M. Meessen ; in cooperation with Marc Bungenberg and Adelheid Puttler

• Record Nr.: UNINA9910778573503321
• Autore: Meessen Karl M.
• Pubbl/distr/stampa: Munich, Germany : , : sellier european law publishers, , 2009; ©2009
• ISBN: 1-283-01444-0; 9786613014443; 3-86653-858-8
• Descrizione fisica: 1 online resource (435 p.)
• Classificazione: PU 1540
• Disciplina: 341.754
• Soggetti: Foreign trade regulation
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references.
• Nota di contenuto: Front matter -- Table of Contents -- Introduction -- Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems -- Part I. Theoretical Considerations -- The Theory of Regulatory Competition and Competition Law -- Economic Law Between Harmonization and Competition: The Law & Economics Approach -- Economic Constitution, the Constitution of Politics and Interjurisdictional Competition -- Assessing the Impact of Economic Law -- The Fallacy of Cultivating the Home Turf: A Business Perspective -- Economic Law as an Economic Good: Reflections of a European Judge -- Part 2. Across the Fields of Economic Law -- The Notion of Economic Law and Regulatory Competition -- Public Economic Law as the Law of Market Regulation -- Competition in the Private Enforcement of Regulatory Law -- Enforcing Contractual Claims: From Schmitthoff to Investment Arbitration -- Dealing with Foreign Governments -- Selecting Locations for Investment -- The Competition of Systems in the Market for Listings -- Non-U.S. Clients' Reactions to Sarbanes Oxley -- The Competition of International Financial Centres and the Role of Law -- The Territorial Dimension of Intellectual Property Law -- Patent Law as an Investment Factor? -- Worldwide Trademark Management -- Competition as a WTO subject -- Leniency ; in the ECN Framework of Parallel Competences -- Exporting Competition Policy: From Soft Pressures to Shared Values -- Part 3. Venues of Systems Competition -- Where Trade Policy Stands Today -- The Impact of Amicus Curiae Briefs in the Settlement of Trade and Investment Disputes -- The Constitutionalism of International Economic Law -- Intra-EU Systems Competition -- Competition in and from the Harmonization of Private International Law -- The European Constitution and Interjurisdictional Competition -- Environmental Harmonization in the SADC Region: An Acute Case of Asymmetry -- Harmonization of Business Law in the Maghreb: Legal Obstacles and Opportunities -- Backmatter
• Sommario/riassunto: 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.