Regulatory Competition Within the Eurasian Economic Union and the European Union - A Comparative Legal Analysis PDF Download

Author: Aleksandra Klofat
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
This article investigates the potential for regulatory competition within the legal framework of the Eurasian Economic Union (EEU). By comparing the legal structures of the EU and the EEU, this article outlines the ways in which regulatory competition is embedded in each of the legal frameworks of these integration areas. The empirical focus of this article is based upon the respective founding treaties, tax law and corporate law within each of the integration initiatives. The analysis shows that the EEU is attempting to emulate the integration process and the legal structures of the EU in several ways. However, due to the centralist tendencies within the EEU, there is little space for regulatory competition to emerge on the general institutional tier. The questions of whether and to what extent the EEU's legal framework will effectively enable regulatory competition are greatly dependent upon the particular area of law that is applied.

Author: Maksim Karliuk
Publisher: Cambridge University Press
ISBN: 1009084860
Category : Law
Languages : en
Pages : 283

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Book Description
In this original study of the Eurasian Economic Union, Maksim Karliuk assesses the law and dynamics of functioning of this international organization. Examining the Eurasian Economic Union as an attempt to encourage post-Soviet integration, this book addresses the problematic legal issues of the integration process. Using the legal order autonomy framework, Karliuk carefully selects and organizes the topics included to offer readers a clear, systematic account of the most significant concerns. As well as considering theoretical issues, Karliuk engages with practical solutions to the problems identified. Besides merely outlining the present, this book develops a framework to address gaps and failures in current integration efforts and encourages further research into the complexities of Eurasian integration in the future.

Author: Robin Eyben
Publisher: GRIN Verlag
ISBN: 3638730964
Category : Law
Languages : en
Pages : 39

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Book Description
Master's Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Hamburg (Institut für Recht und Ökonomik), language: English, abstract: In the US it is principally the states that are in charge of regulating the internal affairs of corporations. States allow firms to relocate in other states. Hence, it is argued that states are engaging in a process of competing for corporate charters. In the EU this basic setting is today quite similar: the EU Member States have separately created their own corporate law systems for decades. Though only since the European Court of Justice (ECJ) ruled in a series of famous decisions from Centros to Inspire Art that Member States have to recognize firms who are incorporated under other Member States’ corporate law, the possibility for regulatory competition in corporate is opened in the EU as well. Comparing the situations in Europe and America from a law and economics perspective, the guiding hypothesis of this thesis is that while regulatory competition in corporate law can lead to efficient results, several problems have to be taken into account. Inefficiencies in American and European regulatory competition in corporate law are mainly due to these problems. A possible normative solution to such inefficiencies is assessed. Other findings of this thesis involves the following aspects: Firstly, while regulatory competition in corporate law in the U.S. might have been economically efficient in the past, it now can be identified several factors that lead to suboptimal outcomes which can be explained positively by applying existing theories on the issue as complementary ones. Secondly, the European legal and economic situation resembles important factors of the American one while there are some major differences that will probably lead to different outcomes to those in the U.S. – though these are suboptimal as well. Thirdly, a normative conclusion is drawn from these comparative observations. It can be efficient to restructure the framework in which regulatory competition in corporate law takes place in both, the U.S. and the EU. It is proposed a form of procedural harmonization and a simplification of conflict of laws that will allow states to compete for separate modules of legal sectors in corporate law. Thus innovation and learning processes in corporate regulations will be easier comparable and a sustainable race to the top may begin.

Author: Maria Fernanda Caporale Madi
Publisher: Kluwer Law International
ISBN: 9789403526508
Category :
Languages : en
Pages : 232

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Book Description
Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of 'economic efficiency' in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world's leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Author: Stefano Lombardo
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN:
Category : Conflict of laws
Languages : en
Pages : 250

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Book Description
The work challenges the commonly accepted idea that the European single market needs a harmonized company law as a precondition for its correct functioning, on the basis of a law and economics comparison with the American situation. The study critically analyzes the two major reasons advanced to justify harmonization - the race to the bottom argument and the standardization argument - on the basis of the regulatory competition paradigm and concludes that they are basically wrong. Instead of pursuing harmonization of substantive company law, the proposal is to adjust conflict of law rules in favor of the incorporation theory as ruled by the European Court of Justice in its important Centros-decision of March 1999. Companies should be granted freedom of establishment and free movement among jurisdictions in the European Union.

Author: Barbara Gabor
Publisher: Edward Elgar Publishing
ISBN: 1781003386
Category : Law
Languages : en
Pages : 349

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Book Description
"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher

Author: R. Graupner
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 330

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Book Description
The creation of the European Economic Community and the gradual achievement of a Common Market in connection with this Community raises not only economic but numerous legal problems as weIl. In fact, the Treaty of Rome and the various regulations, directives and de cisions enacted for its implementation are bringing into being a new legal system which has a great influence not only within the frontiers of the Community but also on all European States which are in eco nomic contact with the Community and indeed on the entire world. This applies particularly to the provisions on the laws of competition laid down by the Treaty and its implementing regulations. These provisions must be known and taken into consideration not only by Common Market enterprises but also by large firms outside the Community. The very comprehensive literature on the European Economic Community has therefore laid special stress on this subject. The large number of commentaries published in the various languages of the Community on the Rules of Competition indicates the great interest taken not only by the commercial world but also by the world of jurisprudence.

Author: Jurgen Basedow
Publisher: Springer
ISBN: 9789041119681
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
In Japan and most of the continental European economies, we are presently observing a shift from what has been labeled a "corporatist" system to more market-oriented structures. Regulatory competition caused by the globalization of markets is increasingly placing the traditional legal institutions of these jurisdictions under severe strain. This is especially true for the services markets. Of these, the markets for financial services and telecommunications services have to adapt most urgently. These adaptations are already underway to varying extents and degrees, made possible by a mixture of de-regulation and re-regulation. In this volume, scholars from Germany, Austria, Switzerland, and Japan as well as high-ranking practitioners from various institutions lay out the theoretical foundations and means for these developments. Through critical analysis, the various contributions show what has been reached so far in Europe and Japan and what remains to be achieved in the future.

Author: William W. Bratton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 574

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Book Description
The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and thenewly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's specialeconomic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate marketaccess, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awarenessand concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically.The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the firstwhich deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and socialinsterests.This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.

Author: Wolf Sauter
Publisher:
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 320

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Book Description
This book provides a new analytical framework for legal problems concerning the economic order of the European Union. In order to determine the remaining scope for national economic sovereignty, and the improvement of the economic order of the Community itself, the focus of the book is the contentious relationship between competition and industrial policy under European law. The theoretical perspective used is based on a comparison between the concepts of the Treaty as an economic constitution and as a political constitution. On this basis, the convergence of competition and industrial policy at the Community level is explained as the result of the rationalisation of public policy, and the reduction of the economic independence of the member states. The study concludes that the market orientation of the European Union is not in doubt, but that a clear link remains to be established between the legitimacy of public intervention in the economy and the distribution of power in the Community system.