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Global Competition: Law, Markets, and Globalization

David Gerber

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.001.0001
Subject:
Law, Competition Law

This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important ... More


The International Economic Law Background

DEBORAH Z. CASS

in The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199285846
eISBN:
9780191713798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285846.003.0003
Subject:
Law, Private International Law

This chapter discusses how WTO constitutionalization models emerged from international economic law, and argues that the field is characterized by a number of tendencies which fuelled speculation ... More


Sustainable Development Law: Principles, Practices, and Prospects

Marie-Claire Cordonier Segger and Ashfaq Khalfan

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276707
eISBN:
9780191699900
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276707.001.0001
Subject:
Law, Environmental and Energy Law

This book analyses recent developments in international sustainable development law (ISDL), a field emerging at the intersection between international economic, environmental, and social law. ... More


The Intersections of International Economic, Social and Environmental Law

Marie-Claire Cordonier Segger and Ashfaq Khalfan

in Sustainable Development Law: Principles, Practices, and Prospects

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276707
eISBN:
9780191699900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276707.003.0005
Subject:
Law, Environmental and Energy Law

International sustainable development law is found at the intersection of three principal fields of international law, each of which contribute to sustainable development. Since the call for a ... More


Law and Development Economics: Toward a New Alliance

David Kennedy

in Law and Economics with Chinese Characteristics: Institutions for Promoting Development in the Twenty-First Century

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199698547
eISBN:
9780191745522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698547.003.0002
Subject:
Economics and Finance, South and East Asia, Macro- and Monetary Economics

The debates about Chinese development policy that are the subject of this volume contrast doubts about neo-liberal orthodoxies in the West with the experience and choices available to policymakers in ... More


Balancing of Economic Law and Human Rights by the European Court of Justice

Bruno De Witte

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explains the approach of the ECJ to the use of human rights principles in the application and interpretation of economic Community law. This question arises in three different ... More


Development at the World Trade Organization

Sonia E. Rolland

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book engages in a systematic analysis of development-oriented rules and procedures at the WTO. It argues that the shortcomings of the Doha Development Round are due in part to the failure to ... More


Thoughts on the Chicago Legacy in U.S. Antitrust

Richard Schmalensee

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0002
Subject:
Economics and Finance, Behavioural Economics

This paper argues that the victories and even the losses of the Chicago School as constructive, because the losses stimulated more rigorous thinking. It revisits the theoretical battles of the 1950s ... More


Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Jukka Snell

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.001.0001
Subject:
Law, EU Law

The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the European Community's internal market and form the basis for an ever-increasing number ... More


Moral Rules

D. D. Raphael

in The Impartial Spectator: Adam Smith's Moral Philosophy

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199213337
eISBN:
9780191707544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213337.003.0007
Subject:
Philosophy, History of Philosophy

Smith takes the empiricist view that moral rules are inductions from the experience of moral judgement in particular instances; yet he surprisingly goes on to say that moral rules are commands of ... More


Buying Social Justice: Equality, Government Procurement, and Legal Change

Christopher McCrudden

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.001.0001
Subject:
Law, Public International Law, EU Law

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ... More


Differential Treatment in International Law

Lavanya Rajamani

in Differential Treatment in International Environmental Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199280704
eISBN:
9780191700132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280704.003.0002
Subject:
Law, Environmental and Energy Law, Public International Law

To further the study of differential treatments within international environmental agreements, this chapter looks into the several different aspects of differential treatment in international law. ... More


Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation

Iñigo del Guayo Castiella

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0015
Subject:
Law, EU Law

This chapter examines the problems arising from a lack of common understanding of what regulation is and what regulation should aim at within the efforts to create a European Internal Energy Market ... More


Structural Equity

Aaron James

in Fairness in Practice: A Social Contract for a Global Economy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199846153
eISBN:
9780199933389
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199846153.003.0005
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter elaborates the idea of “structural equity,” seen as the central fairness issue in international economic practice. It presents a deontological and contractualist conception of equity in ... More


The Future of Law and Economics: Essays in Reform and Recollection

Guido Calabresi

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.001.0001
Subject:
Law, Constitutional and Administrative Law

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which are identified with Jeremy ... More


Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter explains the difference between law and economics, identified with John Stuart Mill, and the economic analysis of law, exemplified by Jeremy Bentham. It presents examples of ... More


Relationship between Law and Economics: Does ‘Rubicon’ Exist between Them?

Won-mog Choi

in ‘Like Products’ in International Trade Law: Towards a Consistent GATT/WTO Jurisprudence

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199260782
eISBN:
9780191698682
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260782.003.0002
Subject:
Law, Public International Law

This chapter discusses the association between law and economics. It specifically addresses the presence of Rubicon between law and economics. There are different kinds of laws: public and private ... More


Legal Formalism

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

Formalism is the theory appropriate to understanding private law from within. Legal Formalism makes the notion of form central to the understanding of juridical relationships. Form brings together ... More


Sustainable International Trade, Investment and Competition Law

Marie-Claire Cordonier Segger and Ashfaq Khalfan

in Sustainable Development Law: Principles, Practices, and Prospects

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276707
eISBN:
9780191699900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276707.003.0010
Subject:
Law, Environmental and Energy Law

This chapter identifies emerging issues in international sustainable development law, primarily from recent developments in international economic law. Different economic instruments at global and ... More


Globalization and the Transcendence of the Public/Private Divide—What is Public Law under Conditions of Globalization?

Inger-Johanne Sand

in After Public Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199669318
eISBN:
9780191749353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669318.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses changes in the classical public–private divide under the new conditions of globalization, new technologies, and public–private cooperation. General public law and the ... More


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