Market Integration The Eu Experience And Implications For Regulatory Reform In China

Author: Niels Philipsen
Publisher: Springer
ISBN: 3662482738
Size: 23.71 MB
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This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.

Regulatory Reform In China And The Eu

Author: Stefan E. Weishaar
Publisher: Edward Elgar Publishing
ISBN: 1785368540
Size: 24.90 MB
Format: PDF
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With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.

European Competition Law Annual 2013

Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1509900470
Size: 10.65 MB
Format: PDF, ePub, Mobi
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This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

The Eu The Wto And China

Author: Francis Snyder
Publisher: Bloomsbury Publishing
ISBN: 1847315992
Size: 56.77 MB
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This book presents a new theoretical framework for understanding the regulation of international trade. For this purpose, it analyses a series of integrated studies of relations between the EU, the WTO and China. It consists of three main parts. Part I introduces the basic concepts. It surveys the literature on law and globalisation, introduces the concept of sites of governance and the theory of global legal pluralism and sketches the foundations of global legal pluralism. It shows that each site of governance has both a structural dimension, consisting of institutions, norms and dispute resolution processes, and a relational dimension, comprising its relations with other sites of governance. The totality of sites of governance constitutes a new form of global legal pluralism. Part II analyses global legal pluralism in action in relations between the EU, the WTO and China. It examines the construction of relations between sites, ways in which relations between sites give rise to new legal concepts or transform the character of rules, the tension between regionalism and international integration and the governance of international production networks. It emphasises the reciprocal interaction between the structural features and the relational features of sites. Part III explores new directions in global legal pluralism. It first analyses regional trade agreements as a way of creating new sites of governance, focusing on agreements involving China. Then it considers how to enhance ethical values in international trade regulation. Based on an institutional analysis of relations between the WTO and other sites of governance, it proposes ways in which global legal pluralism can be used to reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.

Competition Laws Globalization And Legal Pluralism

Author: Qianlan Wu
Publisher: Bloomsbury Publishing
ISBN: 1782252193
Size: 14.88 MB
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Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Chinese Companies And The Hong Kong Stock Market

Author: Flora Xiao Huang
Publisher: Routledge
ISBN: 1134671040
Size: 56.72 MB
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Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.

Regulatory Competition In Contract Law And Dispute Resolution

Author: Horst Eidenmüller
Publisher: Bloomsbury Publishing
ISBN: 1782251219
Size: 29.37 MB
Format: PDF, ePub
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In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Corporate Liability

Author: Cheong-Ann Png
Publisher:
ISBN: 9789041198464
Size: 11.47 MB
Format: PDF, ePub
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When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility. This major new theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined. It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following: the 'problem of many hands,' in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking the traditional 'directing mind' theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability the development of 'principles of attribution' as a framework for approaching different situations where liability may be established against corporations a new concept of 'aggregation' which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation the relevance of 'Chinese Walls' in limiting the extent to which principles of attribution apply a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability. Corporate Liability: A Study in Principles of Attribution is far more than a mere legal device for practical purposes. It is in every way a groundbreaking work in the field, of absorbing interest to scholars, jurists, and lawyers alike.

Financial Market Regulation And Reforms In Emerging Markets

Author: Masahiro Kawai
Publisher: Brookings Institution Press
ISBN: 9780815704904
Size: 71.86 MB
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The rapid spread and far-reaching impact of the global financial crisis have highlighted the need for strengthening financial systems in advanced economies and emerging markets. Emerging markets face particular challenges in developing their nascent financial systems and making them resilient to domestic and external shocks. Financial reforms are critical to these economies as they pursue programs of high and sustainable growth. In this timely volume Masahiro Kawai, Eswar Prasad, and their contributors offer a systematic overview of recent developments in—and the latest thinking about—regulatory frameworks in both advanced countries and emerging markets. Their analyses and observations clearly point out the challenges to improving regulation, efficiency of markets, and access to the fi nancial system. Policymakers and financial managers in emerging markets are struggling to learn from the crisis and will need to grapple with some key questions as they restructure and reform their financial markets: • What lessons does the global financial crisis of 2007–09 offer for the establishment of efficient and flexible regulatory structures? • How can policymakers develop broader financial markets while managing the associated risks? • How—or should—they make the formal financial system more accessible to more people? • How might they best contend with multinational financial institutions? This book is an important step in getting a better grasp of these issues and making progress toward solutions that strike a balance between promoting financial market development and efficiency on the one hand, and ensuring financial stability on the other.