Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems

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Walter de Gruyter, Jul 29, 2009 - Law - 433 pages
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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.

 

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Contents

Its Rule Function and its Tool Function in the Competition of Systems
3
The Theory of Regulatory Competition and Competition Law
27
The Law Economics Approach
45
Economic Constitution the Constitution of Politics and Interjurisdictional Competition
61
Assessing the Impact of Economic Law
65
A Business Perspective
75
Reflections of a European Judge
91
The Notion of Economic Law and Regulatory Competition
103
The Territorial Dimension of Intellectual Property Law
213
Patent Law as an Investment Factor?
221
Worldwide Trademark Management
233
Competition as a WTO subject
243
Leniency in the ECN Framework of Parallel Competences
269
From Soft Pressures to Shared Values
279
Where Trade Policy Stands Today
291
The Impact of Amicus Curiae Briefs in the Settlement of Trade and Investment Disputes
301

Public Economic Law as the Law of Market Regulation
115
Competition in the Private Enforcement of Regulatory Law
129
From Schmitthoff to Investment Arbitration
139
Dealing with Foreign Governments
149
Selecting Locations for Investment
153
The Competition of Systems in the Market for Listings
167
NonUS Clients Reactions to Sarbanes Oxley
187
The Competition of International Financial Centres and the Role of Law
193
The Constitutionalism of International Economic Law
317
IntraEU Systems Competition
337
Competition in and from the Harmonization of Private International Law
353
The European Constitution and Interjurisdictional Competition
369
An Acute Case of Asymmetry
385
Legal Obstacles and Opportunities
399
Backmatter
415
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