Full Description
This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation.
The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce.
This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.
Contents
Introduction
I. Context and Themes
II. Structure and Topics
1. Consumer Law
I. Outline
II. Background Information with a Focus on EU 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
2. Product Liability Law
I. Outline
II. General Remarks and Early History of Product Liability Law
III. Product Liability in Selected Jurisdictions
IV. Some Pending Issues
V. Concluding Remarks
3. Warranty Law
I. Outline
II. Warranty Law in Early Times
III. Warranty Law in Modern Times
IV. The Phenomenon of Planned Obsolescence—a Contemporary Challenge for Warranty Law
V. Concluding Remarks on the Challenges for Warranty Law from a Transnational Perspective
4. Compensatory Collective Redress and Alternative Dispute Resolution
I. Outline
II. Collective Actions
III. Alternative Dispute Resolution
5. Corporate Governance
I. Outline
II. The 'Agency Cost Problem'
III. Improving the Board of Directors
IV. Mobilising Institutional Investors
V. Concluding Remarks
6. Corporate Criminal Law
I. Outline
II. A History of Corporate Criminal Law
III. Justification and Rationale
IV. Corporate Criminal Liability Doctrines
V. Post-2000 Procedural Innovation
VI. New Legal Risk
VII. Concluding Remarks
7. E-Commerce Law
I. Outline
II. The Development of E-Commerce
III. E-Commerce and the Law
IV. Concluding Remarks on Pending Issues and Challenges for E-Commerce Law
Conclusion: The Future of Business Law?
I. Outline
II. A New Digital World
III. Doing Business in a Digital Age
IV. Regulating Business in a Digital Age
V. Concluding Remarks
