Download or read book Liberalizing Contracts written by Anat Rosenberg and published by Routledge. This book was released on 2017-07-20 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Download or read book From Promise to Contract written by Dori Kimel and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.
Download or read book Approaches to Liberalizing Services written by Sherry Stephenson and published by World Bank Publications. This book was released on 1999 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: May 1999 - Liberalization of services at the subregional level has followed two broad approaches-the GATS model and the NAFTA model-neither of which automatically guarantees the full liberalization of trade in services. The question that participants in integration efforts at both the subregional and the broader regional level must ask is what kind of approach to liberalizing services offers both maximum transparency and the greatest degree of nondiscrimination for service suppliers. Only since completion of the Uruguay Round have developing countries in East Asia and the Western Hemisphere shown interest in liberalizing services. Ambitious efforts are now being made to incorporate services in liberalization objectives of both subregional and regional integration efforts, including in the Asia-Pacific region under APEC and in the Western Hemisphere under the Free Trade Area of the Americas (FTAA) process. At the subregional level, member countries of both ASEAN (in East Asia) and MERCOSUR (in Latin America) have chosen to follow the liberalization model set forth in the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS), and to open their services markets gradually and piecemeal. In the Western Hemisphere, Mexico has successfully promoted the NAFTA model of a more comprehensive liberalization of services markets-and several Latin American countries have adopted the same approach. Regionally, APEC has chosen a concerted voluntary approach to liberalizing services markets. Within the Western Hemisphere, participants are defining which approach they will use in the negotiations on services launched as part of the FTAA in April 1998. In all these efforts, a stated desire to promote more efficient services markets is often hindered by reluctance to open services markets rapidly or comprehensively because of historically entrenched protectionism in the sector and ignorance of the regulatory measures that impede trade in services. Presumably it would be easier to liberalize services at the subregional level, among countries at similar stages of development (although liberalization's economic value there might be questioned). Liberalizing services at the broader regional level is a difficult and ambitious goal, given the diversity of countries involved in such efforts. Thus liberalization will probably move more slowly at the regional than at the subregional level-perhaps even more slowly than at the multilateral level. It is possible that the new round of multilateral talks on services scheduled to begin under the WTO in 2000 may well eclipse the recently begun regional efforts. This paper-a product of Trade, Development Research Group-is part of a larger effort in the group to assist developing countries in the multilateral trade negotiations. The author may be contacted at [email protected].
Download or read book The New Social Contract written by Gary Gerrard and published by . This book was released on 2002 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is liberal democracy the end of history? Is a written constitution the ultimate political authority? Does majority rule equal moral rule? Are all moral values relative? What is the legitimate use of coercive force in society? The New Social Contract--Beyond Liberal Democracy offers an answer to these and other age-old questions. Even more important than theoretical answers, The New Social Contract offers a way to turn theory into practical reality, to join moral and political philosophy with the coercive force of the law of society and thereby create a society that provides the greatest possible opportunity for each and every individual to achieve his or her happiness.
Download or read book Liberalizing Trade in Services written by Bernard M. Hoekman and published by Washington, D.C. : World Bank. This book was released on 1994 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Download or read book The Liberalisation of Public Procurement and its Effects on the Common Market written by Christopher Bovis and published by Routledge. This book was released on 2019-01-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.
Download or read book States of Nature and Social Contracts written by Kevin Dooley and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 2021-08-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most significant metaphors of modern political philosophy: the state of nature and the social contract. Each of the main chapters is dedicated to the political theory of the different social contract thinkers and the ways they articulated the uniquely liberal view of equality and freedom. The last chapter, unique to most books that explore the social contract, highlights the recent challenges to these views. It is this balance between accepted contractarian ideas and their critiques that makes this book a unique contribution to the field of political philosophy.
Download or read book Cooperative Journal written by and published by . This book was released on 1926 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cooperative Marketing Journal written by and published by . This book was released on 1928 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Services Trade in the Western Hemisphere written by Sherry M. Stephenson and published by Rowman & Littlefield. This book was released on 2010-12-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Organization of American States publication The services sector—including financial services, telecommunications, transportation, tourism, and professional services—has become critical to the continued economic dynamism in the Americas. And the quality and competitiveness of this sector are essential to economic growth and development. On average, services—increasingly traded in more numerous and far-reaching ways than goods—account for nearly two-thirds of the gross domestic product of the Western Hemisphere. The importance of the sector, however, is disproportionately large in Central America and the Caribbean, where it often is the major source of employment and of foreign exchange.This timely volume is the first to review and analyze trade agreements covering the services sector in the Western Hemisphere and their relationship to the General Agreement on Trade in Services (GATS), in force since 1995 as an integral part of the World Trade Organization (WTO). Negotiations on liberalizing services trade are continuing at the multilateral, the regional or hemispheric, and the subregional levels. It is imperative to understand what is being discussed and implemented at these different levels and to articulate the linkages and relationships among the various agreements and the disciplines and obligations they contain. Services Trade in the Western Hemisphere informs the reader about these issues and more. Part 1 deals with the main issues relevant to the liberalization of services trade at the multilateral and regional levels, including improvements to the GATS architecture, the scope of regulatory reform, the relationship between the treatment of services and investment, WTO requirements that must be fulfilled by parties to an economic integration agreement, and disagreements brought to the multilateral dispute settlement process. Part 2 examines the scope, content, and liberalizing approach of subregional agreements in the Western Hemisphere, such as the North American Free Trade Agreement and those p
Download or read book Globalisation Trade Liberalisation and Higher Education in North America written by C.W. Barrow and published by Springer Science & Business Media. This book was released on 2003-12-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first effort to document the extent of NAFTA's impact on higher education. Through case studies, the authors analyze higher education policy in Canada, Mexico, and the USA using a common theoretical framework that identifies economic globalization, international trade liberalization, and post-industrialization as common structural factors exerting a significant influence on higher education in the three countries.
Download or read book Trade Liberalisation and International Co operation written by Tania Voon and published by Edward Elgar Publishing. This book was released on 2013-12-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as devel
Download or read book Explaining Liberalization Commitments in Financial Services Trade written by Ludger Schuknecht and published by World Bank Publications. This book was released on 2003 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the determinants of market access commitments in international financial services trade in the General Agreement on Trade in Services (GATS). Based on a theoretical model, they investigate empirically the role of domestic political economy forces, international bargaining considerations, and the state of complementary policy. The empirical results confirm the relevance of the authors' model in explaining banking and (to a somewhat lesser degree) securities services liberalization commitments. The findings imply that those who seek greater access to developing country markets for financial services must do more to counter protectionism at home in areas of export interest for developing countries.
Download or read book The Baltimore Underwriter written by and published by . This book was released on 1905 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Services and International Trade Liberalization written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2012-11-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that the intrinsic social nature of these services will be negated. Moreover, as those most likely to be reliant on public services, public service liberalization may also further marginalize women. Nevertheless, states continue to increasingly liberalize public services. Barnali Choudhury explores the implications of public service liberalization. Using primarily a legal approach, but drawing from case studies, empirical research and gender theories, she examines whether liberalization under the General Agreement on Trade in Services and other liberalization vehicles such as preferential trade and investment agreements compromise human rights and gender objectives.
Download or read book Review of Trade and Investment Liberalization Measures by Mexico and Prospects for Future United States Mexican Relations written by United States International Trade Commission and published by . This book was released on 1990 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
