Regulation

Author: Anthony I Ogus
Publisher: Bloomsbury Publishing
ISBN: 1847313299
Format: PDF, Docs
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This is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.

The Regulation of Franchising in the New Global Economy

Author: Elizabeth Crawford Spencer
Publisher: Edward Elgar Publishing
ISBN: 1849804982
Format: PDF, Kindle
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While franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs. This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.

The Regulatory Enterprise

Author: Tony Prosser
Publisher: Oxford University Press, USA
ISBN: 0199579830
Format: PDF, ePub, Mobi
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The use of regulation to control behaviour is a defining feature of modern government, penetrating a wide range of social and economic life. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact

National Regulation and Trade Liberalization in Services

Author: Markus Krajewski
Publisher: Kluwer Law International B.V.
ISBN: 9041121412
Format: PDF, ePub
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Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.

Competition Law and Regulation in European Telecommunications

Author: Pierre Larouche
Publisher: Hart Publishing
ISBN: 184113144X
Format: PDF, Kindle
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Using practical examples, this book examines the evolution of EC telecommunications law following the achievement of liberalization, the main policy goal of the 1990s. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine.

An Introduction to Law and Regulation

Author: Bronwen Morgan
Publisher: Cambridge University Press
ISBN: 1139461362
Format: PDF, Mobi
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In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

State Aid and the European Economic Constitution

Author: Francesco de Cecco
Publisher: Bloomsbury Publishing
ISBN: 1782250506
Format: PDF, ePub, Mobi
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Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

Regulation Economics and the Law

Author: Anthony I. Ogus
Publisher: Edward Elgar Pub
ISBN: 9781840644821
Format: PDF, ePub
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Regulation, Economics and the Law presents a selection of the most important published articles on key issues arising in the design of social regulation. It focuses in particular on interventionist measures used to protect primarily the environment, health and safety and consumers. Professor Ogus uses both public interest and private interest theory to investigate and evaluate the legal forms and procedures. The volume covers, on the one hand, traditional 'command-and-control' techniques, such as licensing and standards, and on the other, newer techniques, such as economic incentives and emissions trading. Rulemaking procedures, institutional structures and the impact of international competition are also considered.