International business law : emerging fields of regulation /
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| Author / Creator: | Fenwick, Mark, author. |
|---|---|
| Imprint: | Oxford, UK ; Portland, OR : Hart Publishing, 2018. ©2018 |
| Description: | xxiii, 215 pages ; 25 cm |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11686310 |
Table of Contents:
- Preface
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Introduction
- I. Context and Themes
- A. The Business Challenges of a Global, Inn ovation-driven Economy
- B. The 'Complex' Character of the Contemporary Regulatory Environment
- C. The Limits of Compliance and Private Enforcement
- II. Structure and Topics
- 1. Consumer Law
- I. Outline
- II. Background Information with a Focus on EU Consumer Law
- A. General Comments on Consumer Law
- B. Consumer Law in the EU as a Prime Example of Transnational Consumer Law
- III. The Current Situation of Consumer Law at the EU Level
- IV. Taking Transnational (EU) Consumer Law to the Next Level
- V. Concluding Remarks
- Selected Further Reading
- 2. Product Liability Law
- I. Outline
- II. General Remarks and Early History of Product Liability Law
- III. Product Liability in Selected Jurisdictions
- A. Product Liability Law in the US
- B. Product Liability Law in the EU
- i. General Remarks
- ii. Selected Issues
- C. Product Liability Law Elsewhere
- i. General Remarks
- ii. The People's Republic of China as One of the More Recent Strict Liability Examples
- iii. Canada-An Exception to the Rule
- IV. Some Pending Issues
- V. Concluding Remarks
- Selected Further Reading
- 3. Warranty Law
- I. Outline
- II. Warranty Law in Early Times
- III. Warranty Law in Modem Times
- A. Warranty Law in the United States
- i. General Remarks
- ii. Warranty Law and the Uniform Commercial Code
- iii. The Magnuson-Moss Warranty Act
- iv. Lemon Laws
- B. Warranty Law in the EU
- i. The pan-EU situation
- ii. The Situation in the Member States
- iii. Further Harmonisation Endeavours at the EU Level
- C. Warranty Law in Other Selected Jurisdictions
- i. General Remarks
- ii. Warranty Law in the People's Republic of China
- iii. Warranty Law in South Korea
- iv. Warranty Law in Australia
- D. Attempts to Harmonise Warranty Law at a Global Level-the Example of the United Nations Sales Convention on Contracts for the International Sale of Goods
- IV. The Phenomenon of Planned Obsolescence-a Contemporary Challenge for Warranty Law
- A. What is Planned Obsolescence?
- B. Warranty Law and Planned Obsolescence
- i. Planned Obsolescence as a Potentially Relevant Warranty Case?
- ii. Planned Obsolescence and the Issue of Time
- V. Concluding Remarks on the Challenges for Warranty Law from a Transnational Perspective
- Selected Further Reading
- 4. Compensatory Collective Redress and Alternative Dispute Resolution
- I. Outline
- II. Collective Actions
- A. Collective Actions and the Access-to-Justice Project
- B. Collective Redress in General
- C. Collective Redress in Common Law Countries
- D. Collective Redress in the EU
- i. Collective Redress at the Pan-EU Level
- ii. Collective Redress at the EU Member State Level
- iii. On the Possible Future of Compensatory Collective Redress in the EU
- E. Concluding Remarks: Jurisdictional issues in a Transnational Context
- III. Alternative Dispute Resolution
- A. Alternative Dispute Resolution in General
- B. Traditional Alternative Dispute Resolution in the US
- C. Traditional Alternative Dispute Resolution in Asia and Africa
- D. Traditional Alternative Dispute Resolution in the EU
- E. Online Dispute Resolution
- F. Concluding Remarks: Pending Issues and Challenges for ODR
- Selected Further Reading
- 5. Corporate Governance
- I. Outline
- II. The Agency Cost Problem'
- III. Improving the Board of Directors
- A. Board Evaluation
- IV. Mobilising Institutional Investors
- A. The Investment Landscape Today and the Need for Shareholder Engagement
- B. Regulatory Measures Designed to Promote Shareholder Engagement
- i. General Shareholder Rights
- ii. Measures Providing for Special Shareholder Rights
- iii. Measures Requiring Disclosure of Ownership and Control Information
- iv. Measures Requiring Engagement on Board Composition
- v. Measures Requiring Engagement on Remuneration
- vi. Measures Requiring Engagement over Voting
- vii. Stewardship Codes and Corporate Governance Principles
- V. Concluding Remarks
- Selected Further Reading
- 6. Corporate Criminal Law
- I. Outline
- II. A History of Corporate Criminal Law
- A. Origins
- B. Net-widening'
- III. Justification and Rationale
- IV. Corporate Criminal Liability Doctrines
- V. Post-2000 Procedural innovation
- VI. New Legal Risk
- VII. Concluding Remarks
- Selected Further Reading
- 7. E-Commerce Law
- I. Outline
- II. The Development of E-Commerce
- III. E-Commerce and the Law
- A. E-Commerce Law in the US
- B. E-Commerce Law in the EU
- C. E-Commerce Law in Asia, South America and Africa
- D. E-Commerce Law and UNCITRAL
- E. E-Commerce Law and the OECD
- F. E-Commerce Law and the WTO
- G. E-Commerce Law and WIPO
- H. E-Commerce Law and ICANN
- I. E-Commerce Law and the Hague Conference on Private International Law
- J. Additional E-Commerce Law Initiatives
- IV. Concluding Remarks on Pending Issues and Challenges for E-Commerce Law
- Selected Further Reading
- Conclusion: The Future of Business Law?
- I. Outline
- II. A New Digital World
- A. A World of 'Ubiquitous Computing'
- B. A World of 'Unmediated' Communication
- C. A World of Freedom and Opportunity
- D. A World of Risk and Uncertainty
- E. A World Where Creativity Matters More than Experience or Status
- F. A World of 'Influencers' and 'Co-creators'
- G. A 'Global' World
- H. A World of Technological Innovation
- III. Doing Business in a Digital Age
- IV. Regulating Business in a Digital Age
- V. Concluding Remarks
- Index
