"This book addresses the lively interaction between the disciplines of law and economics. The traditional boundaries of these two disciplines have somehow inhibited a full understanding of the functioning of and the evolution of economic and legal systems. It has often been the case that these boundaries have had to be reshaped, and sometimes abolished, before either one of the two disciplines could successfully clarify the real life pro ..."
"This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008 2009. It focuses on the 'private' as opposed to 'public' aspect of regulation, and highlights the works of the public-private dialectic in regulation and enforcement.The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement inte ..."
Enforcement of Transnational Regulation Ensuring Compliance in a Global World (Private Regulation series) by FabrizioCafaggi Paperback, 400 Pages, Published 2014 by Edward Elgar Pub ISBN-13: 978-1-78100-543-9, ISBN: 1-78100-543-5
"'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnati ..."
"Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - ..."
"This insightful book presents a legal and economic analysis of inter-firm cooperation through networks as an alternative to vertical integration. It examines comparatively various forms of collaboration, ranging from consortia to multiparty joint ventures and from franchising to dealerships.Collaboration among firms of different sizes helps to overcome numerous weaknesses of the modern western industrial systems. It permits the governin ..."
"The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates presents an extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Represents the first extensive treatment of the phenomenon of transnational private regulation Offers conceptual and theoretical innovation in considering the significance of transnatio ..."
"The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competenc ..."
"This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subn ..."
Enforcement of Transnational Regulation Ensuring Compliance in a Global World (Private Regulation series) by FabrizioCafaggi Hardcover, 400 Pages, Published 2012 by Edward Elgar Pub ISBN-13: 978-1-78100-372-5, ISBN: 1-78100-372-6
"'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnati ..."
"This book addresses the lively interaction between the disciplines of law and economics. The traditional boundaries of these two disciplines have somehow inhibited a full understanding of the functioning of and the evolution of economic and legal systems. It has often been the case that these boundaries have had to be reshaped, and sometimes abolished, before either one of the two disciplines could successfully clarify the real life pro ..."
"This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organiza ..."
"The debate concerning the desirability and modes of harmonization of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonization and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competenc ..."
"In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to li ..."
"Yehuda Adar is Lecturer in Private Law at the University of Haifa, Israel. Marc
Amstutz is Professor of Commercial Law and Theory of Law at the University of
Freiburg. Mireia Artigot i Golobardes is a Juan de la Cierva Researcher at the
University Pompeu Fabra, Barcelona. Cesare Massimo Bianca is Professor
Emeritus of Private Law at the University La Sapienza, Rome. Roger Brownsword
is Professor of Law at King's College, London. Fa ..."
"Second, it may be possible to manufacture norms. ... However, see Ian Ayres, “
Fair Driving: Gender and Race Discrimination in Retail Car Negotiations,”
Harvard Law ... over-optimistic about the success of unregulated bargaining – the
presence of strategic behavior (Robert D. Cooter, “The Cost of Coase,” Journal
ofLegal Studies (1982), 11: 1) and of status quo bias (Russell Korobkin, “
Policymaking and the Offer / Asking Price Gap: T ..."
"'This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond.'- Peter Stone, University of Essex, UK'European Private Law after the Common Frame of Refe ..."
"Since mid-2014, a third generation of case law has been evolving, concerning
the impact of the legislative developments in Hungary following the Käsler” ruling
of the CJEU. In reality, the Käsler ruling did not bring with it more efficient
individual justice; on the contrary, the ruling was perceived by the judiciary as a
green light to further legislative intervention into consumer contract law, instead
of assuming a greater role ..."
"Fabrizio Cafaggi, Geoffrey P. Miller ... We will thus consider guidelines, standards
and codes of conduct, standardized terms of private contract originated by groups
of non-profit organizations, practitioners, professionals, industry participants, 10s
and development banks in their private role of market participants, as well as
network affiliation agreements, rating agencies and labeling agencies criteria (
Benjamin et al., 2008, ..."
"11 of the willing” and the evolution of informal international law', in C. Calliess et
al. (eds) (2007), 'Coalitions of the Willing' – Avantgarde or Threat?, available at:
http:// ssrn.com/abstract=875590 8 Fabrizio Cafaggi, 'Private regulation, supply
chain and contractual networks', supra note 2, at 3; Wouters et al., supra note 2,
at 12. 9 Cafaggi, 'Private regulation, supply chain and contractual networks',
supra note 2. Also G ..."
"After receiving her PhD in law from Panthéon-Assas University (Paris II), she
passed the 'agrégation de droit privé et de sciences crim- inelles' in 2003. Her
main topics of research are contract law, tort law, comparative law, consumer law
and European law in general. She has been a member of the Research Group
on EC Private Law (Acquis Group) since 2000, and she has participated in the '
Principles of existing EC Contract Law (Acq ..."