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This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law - in particular, that it be more agile or "flexible" in regulating the economy - have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
List of contents
The Flexibility of Law & its Limits in Contemporary Business Regulation
(Mark Fenwick and Stefan Wrbka).- Part I - The Perspective of the Lawmaker.- The Potential and Limits of Teleological Reduction Shown with the Example of the Austrian Warranty Regime (Stefan Wrbka).- The Austrian Civil Law Company as an Example of a Successful Company (Daniele Mattiangeli and Lisa Katharina Promok) .- From the Boardroom to the Corner Store: Globalization, Law and Economic Organization (Sean McGinty).- The Novelist's Artistic Freedom v. His Protagonist's Rights of Personality - A Comparison between German and U.S.-American Law (Christian Gomille).- PartII - The Perspective of the Regulator.- Delayed Leniency Applications - The Unfortunate but Predictable Outcome of the Flexible Leniency Policies under the Chinese Antimonopoly Law (Steven Van Uytsel and Ying Bi).- Investor-State Arbitration: A Tale of Endless Obstacles? (Claudia Reith).- Part III - The Perspective of Business.- The New Corporate Criminal Law & Transnational Legal Risk (Mark Fenwick).- Consumer Credit Law in the European Union and Japan - A Comparative Study (Jarl Jacob).- 'Plan-like Architectures' for Mutual Trust in the Cloud (Marc
elo Corrales).- Subject Index.
About the author
Mark Fenwick Associate Professor, Faculty of Law, Kyushu University, Japan
Stefan Wrbka Associate Professor, Faculty of Law, Kyushu University, Japan
Summary
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
