LSN: Comparative Law (Topic)最新文献

{"title":"The Distinction between Anti-Competitive Object and Effect after Allianz: The End of Coherence in Competition Analysis?","authors":"C. Nagy","doi":"10.54648/woco2013041","DOIUrl":"https://doi.org/10.54648/woco2013041","url":null,"abstract":"The article analyses the distinction between object and effect in competition analysis in the context of the CJEU's recent ruling in Allianz. First, it examines the rationale and traditional notion of anti-competitive object. Secondly, it provides an outlook to the structure of antitrust analysis in US law and compares it with EU competition law. Thirdly, it gives an overview and assessment on the Allianz ruling as to the grasp of 'object type' agreements. The article criticizes the CJEU's ruling and submits proposals.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129546579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fighting Corruption in Africa: Do Existing Corruption-Control Levels Matter?","authors":"S. Asongu","doi":"10.2139/ssrn.2493224","DOIUrl":"https://doi.org/10.2139/ssrn.2493224","url":null,"abstract":"Purpose – Are there different determinants in the fight against corruption across African countries? Why are some countries more effective at battling corruption than others? To assess these concerns we examine the determinants of corruption-control throughout the conditional distribution of the fight against corruption using panel data from 46 African countries for the period 2002-2010. Design/methodology/approach – The panel quantile regression technique enables us to investigate if the relationship between corruption-control and the exogenous variables differs throughout the distribution of the fight against corruption. Findings – Results could be summarized in the following. (1) Greater economic prosperity leads to less corruption-control and the magnitude of the effect is more important in countries where the fight against corruption is high. (2) Regulation quality seems bimodal, with less positive effects in the tails: among the best and least fighters of corruption. (3) There is support for a less negative consequence of population growth in countries that are already taking the fight against corruption seriously in comparison to those that are lax on the issue. (4) Findings on democracy broadly indicate the democratization process increases the fight against corruption with a greater magnitude at higher quantiles: countries that are already taking the fight seriously. (5) The relevance of voice and accountability in the battle against corruption decreases as corruption-control is taking more seriously by the powers that be. (6) Good governance dynamics of political stability, government effectiveness and the rule of law gain more importance in the fight against corruption when existing levels of corruption-control are already high. Social implications – Our results suggest that the determinants of corruption-control respond differently across the corruption-control distribution. This implies some current corruption-control policies may be reconsidered, especially among the most corrupt and least corrupt African nations. As a policy implication, the fight against corruption should not be postponed, doing so will only reduce the effectiveness of policies in the future. The rewards of institutional reforms are more positive in countries that are already seriously engaged in the corruption fight. Originality/value – This paper contributes to existing literature on the determinants of corruption by focusing on the distribution of the dependent variable(control of corruption). It is likely that good and poor corruption fighters respond differently to factors that influence the fight against corruption. There are subtle institutional differences between corrupt and clean nations that may affect corruption-control determinants and government efficacy in the fight against corruption.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127744911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Functional Method in Comparative Law – Much Ado About Nothing?","authors":"J. Husa","doi":"10.1515/EPLJ-2013-0002","DOIUrl":"https://doi.org/10.1515/EPLJ-2013-0002","url":null,"abstract":"According to sceptics there seems to be no point in talking about the functional method in comparative law or functionalism in scholarly comparative law. It has been claimed that functional comparative law ‘stands for everything that is bad about mainstream comparative law’ to its opponents. This article seeks to understand and explain the quintessential qualities of functionalism in order to highlight why it is so resilient. It is argued that there are certain qualities of functionalism which make it an intuitively tempting metaphor for a lawyer and especially for a Western comparative lawyer. One crucial motivational force behind the core argument of this paper is a suspicion according to which there has been perhaps too much ado about nothing in the debate over functionalism in comparative law.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124796770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bases of Legal Regulation of Activity of Bodies of Local Self-Government in the Russian Federation","authors":"T. Zulfugarzade","doi":"10.2139/ssrn.2172336","DOIUrl":"https://doi.org/10.2139/ssrn.2172336","url":null,"abstract":"This paper analyzes the main activities of bodies of the local self-government, regulated by existing legal acts of the Russian Federation.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120968480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Embrace the Coming Changes in Corporate Governance: Lessons from Developments in Corporate Law – A Comparative View","authors":"Ivan Tchotourian","doi":"10.2139/ssrn.2154036","DOIUrl":"https://doi.org/10.2139/ssrn.2154036","url":null,"abstract":"The worldwide financial crisis that was unleashed in 2007-2008 occurred at a time of many challenges in the transformation of the economic and social system. As this protean crisis showed, new reflection in the field of corporate governance is necessary. This paper aims to explore a new conception of corporate governance based on the existing legal literature and case law. Shareholder primacy and the focus on shareholders alone in the traditional view of companies’ corporate governance lead to a difficult situation. In order to identify an innovative way to design corporate governance, the paper studies current positions on the conception of the latter. Then it considers in detail the consequences of corporate law and its definition of the company. In this regard, a strong trend in the regulatory approach is clearly pro-shareholder, but the paper relies heavily on writings and cases that address the matter with originality to change the dominant point of view. Since a capitalist model centred on a free-market perspective that gives law only a residual role to play is unable to ensure social development, it is relevant to raise awareness of traditional and more recent writings and cases from the legal traditions of different countries. These sources of law demonstrate that the economic system could better take into account the ethical ideals of the future that human communities demand we respect. In its research, the paper suggests that an alternative conception of corporate governance could be chosen as a positive reaction to the crisis. This is a political choice with a strong basis in part of “forgotten” corporate law. The findings point out the possibility that corporate governance can be designed in more than one way. The paper offers insights based on legal landscapes. The findings also inform public policy literature. Moreover the paper contributes to corporate governance literature by describing another way of analyzing companies.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114716057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards a New Law and Development: New State Activism in Brazil and the Challenge for Legal Institutions","authors":"David M. Trubek, D. Coutinho, M. Schapiro","doi":"10.1596/9780821395066_ch16","DOIUrl":"https://doi.org/10.1596/9780821395066_ch16","url":null,"abstract":"This article explores the emergence of a new developmental state in Brazil and its significance for law and development theory. Emerging forms of state activism in Brazil since 2000, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor both a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions which must perform new functions. The emerging new developmental state seeks to maintain policy and rule flexibility, orchestrate relations among public actors and between them and the private sector, create conditions that will maximize synergy between actors, and preserve the legitimacy of government interventions. This generates four new roles for the legal system: (i) safeguarding flexibility, (ii) stimulating orchestration, (iii) framing synergy, and (iv) ensuring legitimacy.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133858014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Multi-Level Anti-Terrorism Governance and the Rule of Law - The Judgment of the Court of Justice of the European Communities in the Y.A. Kadi v. Council Case","authors":"Márton Varju","doi":"10.2139/SSRN.1595952","DOIUrl":"https://doi.org/10.2139/SSRN.1595952","url":null,"abstract":"The recent resurgence of international terrorism has imposed a difficult challenge on States where public power is democratically legitimated and where the rule of law prevails. Many States have created specific legal provisions, so called emergency laws, for the fight against contemporary terrorism giving extra powers to State bodies. These laws intruding into the private spheres of individuals and their organizations were often based on obligations in international law. The anti-terrorism resolutions of the UN Security Council, while leaving considerable room for implementation on the State level, determined unquestionably the duties of States in the fight against global terrorism.The main question addressed in this paper is whether multi-level systems of governance may rely on innovative concepts and solutions which appeared in the new constitutionalism discourse in order to ensure the legality of measures adopted on different levels within the system. Basically, a multi-level system may ensure compliance with the rule of law by ensuring and enhancing open intra-systemic communication among the levels of governance, the levels being able to correct the constitutional shortcomings of the other levels, by means of which the legality of measures will depend on the constitutionality of the system as a whole. Conversely, the constitutional functioning of multi-level systems may require the levels to impose full constitutional requirements independently without relying on the constitutional safeguards offered on the other levels of governance. In the case law of Community Courts this dilemma manifested in the question whether the constitutional safeguards available to the individuals affected should be guaranteed on the European Union level to a full extent or the constitutional safeguards should be guaranteed in cooperation with the other levels of governance joined together in the multi-level system of global anti-terrorism governance.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121888147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Book Review of 'Comparative Law: A Handbook' (Örücü and Nelken, eds.)","authors":"M. Siems","doi":"10.2139/ssrn.1117414","DOIUrl":"https://doi.org/10.2139/ssrn.1117414","url":null,"abstract":"In the last two years three important comparative law handbooks have been published (Comparative Law: A Handbook, ed. by Orucu and Nelken 2007; The Oxford Handbook of Comparative Law, ed. by Rei¬mann and Zimmermann 2006; Elgar Encyclopaedia of Comparative Law, ed. by Smits 2006). The authors of these handbooks can be regarded as today's leading comparative lawyers. However, one may be wondering whether there is an elephant in the room that is missed by all three handbooks. Based on hits in the Westlaw's database WORLD-JLR it can indeed be suggested that two of the most-cited comparatists have been ignored: on the one hand Pierre Legrand, and on the other Rafael La Porta (as a proxy for the new quantitative comparative methodology).","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114968197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"National Laws Providing for Stability of International Investment Contracts: A Comparative Perspective","authors":"A. Maniruzzaman","doi":"10.1163/221190007X00092","DOIUrl":"https://doi.org/10.1163/221190007X00092","url":null,"abstract":"In various countries, national legislative enactments provide for guarantee of contractual stability between the host State and the foreign investor. Recent years have witnessed quite a number of countries, such as Timor-Leste, Papua New Guinea, Peru, Panama, Ivory Coast, Bolivia, Venezuela, Colombia and Kazakhstan to legislate specific stability laws or to make provision for stability in general hydrocarbon laws or specific Codes in order to attract foreign investment. The article attempts to make a comparative overview of such recent developments.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126202273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Does Democracy Foster Trust?","authors":"Helmut Rainer, T. Siedler","doi":"10.1016/J.JCE.2008.09.003","DOIUrl":"https://doi.org/10.1016/J.JCE.2008.09.003","url":null,"abstract":"","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119641840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}