Competition in the Private Enforcement of Regulatory Law

Chapters in this book

1. Frontmatter I
2. Table of Contents VII
3. Introduction
4. Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems 3
5. Part I. Theoretical Considerations
6. The Theory of Regulatory Competition and Competition Law 27
7. Economic Law Between Harmonization and Competition: The Law & Economics Approach 45
8. Economic Constitution, the Constitution of Politics and Interjurisdictional Competition 61
9. Assessing the Impact of Economic Law 65
10. The Fallacy of Cultivating the Home Turf: A Business Perspective 75
11. Economic Law as an Economic Good: Reflections of a European Judge 91
12. Part 2. Across the Fields of Economic Law
13. The Notion of Economic Law and Regulatory Competition 103
14. Public Economic Law as the Law of Market Regulation 115
15. Competition in the Private Enforcement of Regulatory Law 129
16. Enforcing Contractual Claims: From Schmitthoff to Investment Arbitration 139
17. Dealing with Foreign Governments 149
18. Selecting Locations for Investment 153
19. The Competition of Systems in the Market for Listings 167
20. Non-U.S. Clients’ Reactions to Sarbanes Oxley 187
21. The Competition of International Financial Centres and the Role of Law 193
22. The Territorial Dimension of Intellectual Property Law 213
23. Patent Law as an Investment Factor? 221
24. Worldwide Trademark Management 233
25. Competition as a WTO subject 243
26. Leniency in the ECN Framework of Parallel Competences 269
27. Exporting Competition Policy: From Soft Pressures to Shared Values 279
28. Part 3. Venues of Systems Competition
29. Where Trade Policy Stands Today 291
30. The Impact of Amicus Curiae Briefs in the Settlement of Trade and Investment Disputes 301
31. The Constitutionalism of International Economic Law 317
32. Intra-EU Systems Competition 337
33. Competition in and from the Harmonization of Private International Law 353
34. The European Constitution and Interjurisdictional Competition 369
35. Environmental Harmonization in the SADC Region: An Acute Case of Asymmetry 385
36. Harmonization of Business Law in the Maghreb: Legal Obstacles and Opportunities 399
37. Backmatter 415