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