Browse by title

You are looking at 1 - 10 of 283 items :

  • Regulation and Governance x
  • All accessible content x
Clear All
This content is available to you

Table of legislation

A Handbook on New Methods of Law Making in Private Law

Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz

This content is available to you

Table of cases

A Handbook on New Methods of Law Making in Private Law

Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz

This content is available to you

Preface: And property for all?

Property, Power and Market Economies

Mark Findlay

This content is available to you

Law and the new normal: reimagining property

Property, Power and Market Economies

Mark Findlay

This content is available to you

Introduction – contract and regulation: changing paradigms

A Handbook on New Methods of Law Making in Private Law

Roger Brownsword, Rob A. J. van Gestel and Hans-W. Micklitz

This content is available to you

Marie-Claire Menting

Industry codes of conduct increasingly play a role in regulating B2B and B2C relationships and have, as such, become part of the contractual regulatory space. Nonetheless, the relationship between these codes and contract law as the traditional way of regulating private relationships still remains opaque. This chapter sheds some light on the relation between industry codes and contract law by addressing one of the questions that the regulatory role of these codes raises: is there a need for a framework for industry codes in contract law? Building on an analysis of the practice of industry codes, their interaction with the traditional foundations of contract law and a number of Dutch contract law cases involving industry codes, it is argued that contract law itself already includes leads to overcome the conceptual challenges that industry codes pose and to give further shape to the relationship between these codes and contract law. Keywords: industry codes of conduct, foundations of contract law, regulation, B2B and B2C relationships

This content is available to you

Introduction

A Survey of Legal and Regulatory Trends

P. M. Vasudev and Susan Watson

This content is available to you

Introduction

A Law and Economics Perspective

Wenming Xu, Stefan E. Weishaar and Niels Philipsen

This content is available to you

Implications of shareholder activism

A Survey of Legal and Regulatory Trends

Anita Anand

This chapter asserts that shareholder democracy, or the ability of shareholders to influence the corporation through their vote, underpins the legitimacy of shareholder activism. Examining the empirical literature that evidences the benefits of shareholder activism, the chapter argues in favour of increased shareholder representation in director nominations by proxy, not only for the sake of shareholder democracy, but also for the overall benefit of the corporation. Keywords: • Shareholder activism • Hedge fund activism • Shareholder democracy • Director primacy • Proxy access • Canada Business Corporations Act

This content is available to you

Alfons Bora

This chapter introduces in depth the scientific models and theories which have captured the idea of “shaping society” with their conceptual language. These scientific models are analysed from the perspective of the sociology of knowledge. The underlying intuition is that a deeper understanding of the respective semantics will also improve our comprehension of the social structures in the field. The semantics of governance captures a widespread contemporary description of the exercise of power and its legitimation. Governance is understood as a form of statehood mainly characterized by negotiation and co-operation, in contrast to hierarchical steering, rule-making, enforcement and sanctioning. To a certain extent, governance has turned the scales against the more traditional concepts of law and regulation, which bear some connotations of the nineteenth and twentieth century nation-state and have allegedly become rather outdated models of societal organization. Contrary to this widespread intuition within the governance debate, the chapter demonstrates that the perspective of law and regulation is still fruitful for conceptualizing the relation between the different fields and subsystems of modern society. While governance indeed expanded the analytical realm towards new instruments of control and the new actors involved in decision-making, it did so all the while preserving and even strengthening the idea of controlling and powerfully shaping societal conditions. The chapter therefore suggests recollecting the functional nucleus of “governance” within the terminology of “regulation”. Such a nucleus places particular emphasis on the “ruling part” of governance semantics which (a) remains deeply concerned with questions of exercising influence and (b) feeds to a large extent on legal sources.