International Rule of Law and the Market Economy

International Rule of Law and the Market Economy
Author: Samuel Bufford
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in a modern economy are enormous. Establishing a firmly rooted system of the Rule of Law is unfinished business in the countries participating in the Central American Free Trade Agreement ("CAFTA"). Building an effective Rule of Law is essencial to the promotion of a free market economic system that fosters transparency in business transactions and operations. The Rule of Law in the commercial sector promotes economic stability and growth, encourages investors to make investments, creates jobs, increases the standard of living, and promotes prosperity. The Rule of Law requirements for a market economy differ rather substantially from the Rule of Law requirements for other types of social needs. The purpose of this comment is to outline those Rule of Law features that are essential to the proper functioning of a free market economy and to call attention to the unique characteristics of these legal features. Part I introduces the role of the Rule of Law in a free market economy. Part II describes the major legal systems that the Rule of Law requires to support such an economy. Part III of this Comment concludes that the Rule of Law is an indispensable basis for a free market economy.

Rule of Law and Transition to a Market Economy

Rule of Law and Transition to a Market Economy
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 160
Release: 1994-01-01
Genre: Political Science
ISBN: 9789287125033

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The Rule of Law in the Market Economy

The Rule of Law in the Market Economy
Author: Andrzej Brzeski
Publisher:
Total Pages: 122
Release: 2009
Genre: Capitalism
ISBN: 9780948027567

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Proceedings from a colloquium

Law and the Market Economy in China

Law and the Market Economy in China
Author: Perry Keller
Publisher: Routledge
Total Pages: 541
Release: 2017-07-05
Genre: History
ISBN: 1351560689

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This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

The Law of Political Economy

The Law of Political Economy
Author: Poul F. Kjaer
Publisher: Cambridge University Press
Total Pages: 423
Release: 2020-04-23
Genre: Law
ISBN: 1108493114

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"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

World Market Governance

World Market Governance
Author: Ulf Dahlsten
Publisher:
Total Pages:
Release: 2013
Genre:
ISBN:

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Democratic capitalism or liberal democracy, as the successful marriage of convenience between market liberalism and democracy sometimes is called, is in trouble. The market economy system has become global and there is a growing mismatch with the territoriality of the nation-states. The functional global networks and inter-governmental order can no longer keep pace with the rapid development of the global market economy and regulatory capture is all too common. Concepts like de-globalization, self-regulation, and global government are floated in the debate. The alternatives are analysed and found to be improper, inadequate or plainly impossible. The proposed route is instead to accept that the global market economy has developed into an independent fundamental societal system that needs its own governance. The suggestion is World Market Governance based on the Rule of Law in order to shape the fitness environment for the global market economy and strengthen the nation-states so that they can regain the sovereignty to decide upon the social and cultural conditions in each country. Elements in the proposed Rule of Law are international legislation decided by an Assembly supported by a Council, and an independent Judiciary. Existing international organisations would function as executors. The need for broad sustained demand for regulations in the common interest is identified.

Rule of Law Dynamics

Rule of Law Dynamics
Author: Michael Zurn
Publisher: Cambridge University Press
Total Pages: 401
Release: 2012-06-18
Genre: Law
ISBN: 1139510975

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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

International Law in a Transcivilizational World

International Law in a Transcivilizational World
Author: Onuma Yasuaki
Publisher: Cambridge University Press
Total Pages: 733
Release: 2017-02-15
Genre: Law
ISBN: 1107024730

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This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Economic Law as an Economic Good

Economic Law as an Economic Good
Author: Karl M. Meessen
Publisher: Walter de Gruyter
Total Pages: 435
Release: 2009-07-29
Genre: Law
ISBN: 3866538588

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Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities and,very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers and economists, academics and practitioners from inside and outside Germany have taken a look at the facts and discussed approaches to conceptualizing them. The resulting thirty essays collected in this volume contribute to the interpretation of existing, and the making of new, economic law.