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

Author: Niels Philipsen
Publisher: Springer
ISBN: 3662482738
Size: 18.67 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: 35.18 MB
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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.

The Protection Of The Environment Through Criminal Law

Author: J.L. De La Cuesta
Publisher: Maklu
ISBN: 9046608093
Size: 64.95 MB
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Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

European Competition Law Annual 2013

Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1509900470
Size: 42.76 MB
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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.

Competition Laws Globalization And Legal Pluralism

Author: Qianlan Wu
Publisher: Bloomsbury Publishing
ISBN: 1782252193
Size: 74.47 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.

Corporate Liability

Author: Cheong-Ann Png
ISBN: 9789041198464
Size: 78.56 MB
Format: PDF, Kindle
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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.

Wto And The Greater China

Author: Chien-Huei Wu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004208984
Size: 49.32 MB
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Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

Regulatory Reform In Italy

Author: Organisation for Economic Co-operation and Development
Publisher: Organization for Economic
Size: 59.30 MB
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Starting later than many countries, Italy devoted the 1990s to "catching up" with the leading OECD countries in economic and governance reforms. The scope, speed and consistency of structural reforms by multiple governments were remarkable. ...

Dynamics Of Energy Governance In Europe And Russia

Author: C. Kuzemko
Publisher: Springer
ISBN: 0230370942
Size: 18.23 MB
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Energy in Europe and Russia is in flux. This book presents a rich set of case studies for analyzing the complex and intertwined regional dynamics of multiple actors, levels, and policy fields in energy throughout Europe and Russia, with the aim of offering an alternative view to the prevalent geopolitical or neoliberal approaches.