Direct investment, national champions and EU treaty freedoms : from Maastricht to Lisbon / / Frank S. Benyon

• Record Nr.: UNINA9910791874703321
• Autore: Benyon Frank S.
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2010
• ISBN: 1-4725-6518-5; 1-282-98455-1; 9786612984556; 1-84731-598-4
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (166 p.)
• Collana: Modern studies in European law ; ; 24
• Disciplina: 343.2403
• Soggetti: Capital movements - Law and legislation - European Union countries; Investments, Foreign - Law and legislation - European Union countries
• 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 and index.
• Nota di contenuto: Introduction -- The free movement of capital -- Freedomof establishment -- Justifications of restrictions to the treaty freedoms : for national champions? ; for network industries? ; for others? -- Direct cross-border investment and merger control -- Cross- border movements by companies -- Company law, cross-border mergers and takeovers -- Direct investments from third countries -- Sovereign wealth funds -- Bilateral investment treaties -- The end : but another beginning.
• Sommario/riassunto: "Within the EU, the legal dimension of trade in goods and, more recently, of trade in services have gained clear contours. This is less true for cross-border direct investments. Within the system of the fundamental freedoms, cross-border direct investments may fall within the scope of the freedom of establishment (Art 49 TFEU, 43EC), the free movement of capital (Art 63 TFEU, 56EC) and sometimes the freedom to provide services (Art 56 TFEU, 49EC). The free movement of capital has been the last fundamental freedom to be endowed with direct effect. The investment potential of Sovereign Wealth Funds makes this a very topical subject. The ECJ has started to develop the full potential of the free movement of capital and the freedom of establishment only ; recently. This has raised a number of important new questions, including how the two freedoms relate to each other, and how to balance the individuals' rights to market access with the Member States' competence to regulate in the public interest. In particular, the use of state measures to protect strategic or alleged public interests selectively, or to foster national champions, will be considered. Under settled case law, it suffices that a measure renders the exercise of the freedom 'less attractive' to find an infringement of the free movement rules. Potentially this opens the door for a broad review of the appropriateness of all non-harmonised mandatory rules contained in general national laws. There is also a general question of when free movement of capital and freedom of establishment may have horizontal effect, a matter raised by the Viking case. Horizontal application of the fundamental freedoms could lead to the exercise of control over private arrangements in many areas, including company law if they have a tendency to impede, or dissuade, market access by investors from other Member States. The particular situation of third country investors also has to be considered, insofar as they may benefit from the free movement of capital but not from the establishment and services freedoms. Recent developments in EU company law are discussed, notably those concerning simple cross-border relocation of businesses as well as those regulating take-over and mergers. Overall the book analyses the role of the market and the role of the state with regard to direct investment, delineates the competences of the EU and the Member States in this field and places the debate in the larger context of international direct investment. Focussing on recent developments, cases and debates, the book also looks at the changes made to the applicable rules by the Treaty of Lisbon, including the inclusion of foreign direct investment into the Community's trade policy, thus providing an overview of this cutting-edge issue and a reflection on the rationales that should guide the evolution of this field of law."--Bloomsbury Publishing.

Theory and method of evolutionary political economy : a Cyprus symposium / / edited by Hardy Hanappi, Savvas Katsikides and Manuel Scholz-Wäckerle

• Record Nr.: UNINA9910159448603321
• Pubbl/distr/stampa: New York : , : Routledge, , 2017
• ISBN: 1-315-47019-5; 1-315-47021-7; 1-315-47020-9
• Edizione: [First edition.]
• Descrizione fisica: 1 online resource (279 pages)
• Collana: Routledge Advances in Heterodox Economics ; ; 34
• Altri autori (Persone): HanappiGerhard <1951->; KatsikidesSavvas; Scholz-WäckerleManuel <1981->
• Disciplina: 330.15
• Soggetti: Evolutionary economics; Economic history - 21st century; Global Financial Crisis, 2008-2009; Europe Economic policy 21st century
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Nota di bibliografia: Includes bibliographical references at the end of each chapters and index.
• Nota di contenuto: pt. I. Evolutionary political economy : theory -- part II. Methods of evolutionary political economy.
• Sommario/riassunto: This book promises to describe political and economic dynamics as interwoven as they are in real life and it adds to that an evolutionary perspective, which allows for a long-run view. The essays in this volume explore the theoretical and methodological aspects of evolutionary political economy. In part one, the authors consider the foundational contributions of some of the great economists of the past and the second part demonstrates the benefits of adopting the methods of computer simulation and agent-based modelling. Together, the contributions to this volume demonstrate the richness, diversity and great explanatory potential of evolutionary political economy.