Download or read book Law and Market Economy written by Robin Paul Malloy and published by Cambridge University Press. This book was released on 2000-08-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, market theory and semiotics together provide a challenging new perspective on economic analysis of law.
Download or read book The Market Economy Investor Test in EU State Aid Law Applicability and Application written by Małgorzata Cyndecka and published by Kluwer Law International B.V.. This book was released on 2016-05-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.
Download or read book The EU Social Market Economy and the Law written by Delia Ferri and published by Routledge. This book was released on 2018-07-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.
Download or read book The New Stock Market written by Merritt B. Fox and published by Columbia University Press. This book was released on 2019-01-08 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. stock market has been transformed over the last twenty-five years. Once a market in which human beings traded at human speeds, it is now an electronic market pervaded by algorithmic trading, conducted at speeds nearing that of light. High-frequency traders participate in a large portion of all transactions, and a significant minority of all trade occurs on alternative trading systems known as “dark pools.” These developments have been widely criticized, but there is no consensus on the best regulatory response to these dramatic changes. The New Stock Market offers a comprehensive new look at how these markets work, how they fail, and how they should be regulated. Merritt B. Fox, Lawrence R. Glosten, and Gabriel V. Rauterberg describe stock markets’ institutions and regulatory architecture. They draw on the informational paradigm of microstructure economics to highlight the crucial role of information asymmetries and adverse selection in explaining market behavior, while examining a wide variety of developments in market practices and participants. The result is a compelling account of the stock market’s regulatory framework, fundamental institutions, and economic dynamics, combined with an assessment of its various controversies. The New Stock Market covers a wide range of issues including the practices of high-frequency traders, insider trading, manipulation, short selling, broker-dealer practices, and trading venue fees and rebates. The book illuminates both the existing regulatory structure of our equity trading markets and how we can improve it.
Download or read book Law Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
Download or read book The Illusion of Free Markets written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2011-05-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Download or read book International Rule of Law and the Market Economy written by Samuel Bufford and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in a modern economy are enormous. Establishing a firmly rooted system of the Rule of Law is unfinished business in the countries participating in the Central American Free Trade Agreement ("CAFTA"). Building an effective Rule of Law is essencial to the promotion of a free market economic system that fosters transparency in business transactions and operations. The Rule of Law in the commercial sector promotes economic stability and growth, encourages investors to make investments, creates jobs, increases the standard of living, and promotes prosperity. The Rule of Law requirements for a market economy differ rather substantially from the Rule of Law requirements for other types of social needs. The purpose of this comment is to outline those Rule of Law features that are essential to the proper functioning of a free market economy and to call attention to the unique characteristics of these legal features. Part I introduces the role of the Rule of Law in a free market economy. Part II describes the major legal systems that the Rule of Law requires to support such an economy. Part III of this Comment concludes that the Rule of Law is an indispensable basis for a free market economy.
Download or read book Law and the Market Economy in China written by Perry Keller and published by Routledge. This book was released on 2017-07-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.
Download or read book The Constitution of Markets written by Viktor Vanberg and published by Psychology Press. This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies.
Download or read book Rule of Law and Transition to a Market Economy written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1994-01-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and the Transition to a Market Economy written by Gordon Bob Smith and published by . This book was released on 1996 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law in the Market Economy written by Andrzej Brzeski and published by . This book was released on 2009 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings from a colloquium
Download or read book Law in a Market Context written by Robin Paul Malloy and published by Cambridge University Press. This book was released on 2004-04-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law in a Market Context Robin Paul Malloy examines the way in which people, as social beings, experience the intersection of law, markets, and culture. Through case examples, illustrative fact patterns, and problems based on hypothetical situations he demonstrates the implications and the ambiguities of law in a market society. In his analysis he provides a complete and accessible introduction to a vast array of economic terms, concepts, and ideas--making this book a valuable primer for anyone interested in understanding the use of market concepts in legal reasoning.
Download or read book Constitutional Aspects of the Transition to a Market Economy written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1994-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover & title page: Collection
Download or read book Democracy market economy and the law written by Werner F. Ebke and published by . This book was released on 1995 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Services and EU Competition Law written by Daniele Gallo and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States' sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs' regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a 'Community based on the rule of law'. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law"--
Download or read book FairEconomy written by Wolfgang Fikentscher and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels.
