Name: Shifts in private and public regulation - Niels J. Philipsen - eBook (9789462748125)
SKU: 411314f4316aed7836e121b8f726af54
Price: 44.53 EUR
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Shifts in private and public regulation - Niels J. Philipsen - eBook (9789462748125)

In his inaugural lecture, Niels Philipsen discusses the (potential) role of private actors in the regulation of work-related risks, such as industrial accidents and occupational diseases. Taking the economic analysis of regulation as a starting point, Philipsen argues that a 'smart mix' of public and private regulation is needed for an optimal prevention and compensation of work-related risks. Some advantages and disadvantages of different regulatory instruments are discussed. In the second part of this lecture, economic theory is confronted with some of the available empirical evidence. Do private actors really respond to shifts in regulation according to the predictions made in the theoretical law and economics literature? Philipsen addresses this question for three groups of private actors: employees, employers and (liability) insurers. On the basis of a quick-scan of the literature, Philipsen concludes that there are still several unresolved questions concerning the coping behaviou…

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Essays on Private & Business Law - eBook (9789462748101)

Many companies today face international influences, and many more will follow suit. A scenario that was recognised early on by Prof. Adriaan Dorresteijn (Utrecht University). To honour his innovative research, teachings, and administration work, this Liber Amicorum includes capita selecta of recent business and private law publications. These articles discuss, inter alia, the relationship between mother and daughter companies, the protection ofactors working for companies, cross-border company structures, and educational programmes about corporate law.

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Credit rating agency liability in Europe

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answer…

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Prudential regulation of investment firms in the European Union - Paperback (9789013163940)

As of June 2021, a new regulatory regime for investment firms will come into force. What are the building blocks of the past and present legislation and how should they be interpreted? What risks do investment firms face and are these adequately addressed in the new regime? This publication discusses these questions in detail. Traditionally, the prudential regulatory response for investment firms in the European Union has been closely linked with the prudential regulatory response for banks. However, as the actual risk profile of these types of enterprises can differ significantly, the European Commission voiced the need for a new regulatory regime tailored to investment firms. Therefore, as of June 2021, new legislation will come into place for all investment firms within the European Union. Prudential regulation of investment firms in the European Union discusses the risk profile of investment firms. What are the typical risks an investment firm is exposed to when providing investmen…

59,50

Houses, Homes and the Law - eBook (9789460942235)

This book is the result of the successful collaboration between two research networks: the Housing Law Working Group of the European Network for Housing Research (ENHR) and the TENLAW research network. It deals with evictions, their social background and regulation under procedural and human rights law; housing problems of indigenous and ethnic minorities and immigrants; the relationship between landlords, tenants and agents and the private rental sector; housing satisfaction and the instruments and models to measure it; and fi nally national instances of the European housing crises in Spain, Germany and Romania. The contributions in this volume will further enhance the understanding of housing law and rights, and provide useful materials for future comparative analysis. Houses, Homes and the Law is the third volume in the series that seeks to examine the many facets of housing law from a variety of academic and professional perspectives.

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Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)

The legislative efforts of the European Union with respect to insolvency were, for a long time, limited to providing uniform rules of international private law on the competent court, applicable law and recognition by means of the European Insolvency Regulation. In recent years, the legislative efforts have shifted towards harmonization of substantive insolvency law at a European level. The most defining characteristic of this harmonization attempt is the focus on reorganization instead of liquidation. In November 2016, the European Commission presented its proposal for a Directive on Preventive Restructuring Frameworks, Second Chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures. The Directive provides for the possibility to reorganize prior to and outside of court supervised insolvency procedures. It envisions that such preventive restructurings should enable enterprises to restructure at an early stage and to avoid the opening of forma…

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Depositaries in European Investment Law - Sebastiaan Hooghiemstra - eBook (9789462748774)

In practice, the same banks and investment firms are acting as a custodian under MiFID II and CRD IV, a depositary under the AIFMD/UCITSD V and a depositary/custodian under IORPD II. Although the safekeeping activities performed by both are similar, European investment law is inconsistent in in allowing depositaries and custodians to provide cross-border financial services throughout Europe. This book provides an in-depth analysis of the concept of the cross-border provision of financial services under European investment law and the regulation applying to depositaries and custodians under MiFID II, CRD IV, the CSDR, AIFMD, UCITSD V and IORPD II. The analysis considers whether and to what extent depositaries and custodians are similarly regulated under European investment law and under what conditions a cross-sectoral European depositary passport could be introduced.

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Foreign policies and diplomacies in Asia - eBook (9789048519101)

The observation of a rising Asia and its rapidly growing economic powerhouses has become a truism. These impressive economic development stories provide the backbone for the growing political assertiveness in the region. Asia's economic prowess is rapidly being transferred onto the diplomatic stage. In the light of these larger developments, the authors of this timely volume investigate the regional and international implications of a rising Asia and problematise critical developments. The first section focuses on the lack of a proper regional security community in Asia. The second part analyses the usefulness of 'Asia' as a catch-all for very distinct sub-regions. While not denying the utility of the concept of Asia as one region, the authors support the need to maintain in parallel a clear focus on issues, approaches, and characteristics that are unique to sub-regions within the continent. A third group of authors probe the regional foreign policies of key players in the region, expl…

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The Regulation of the Non-Navigational Use of the Euphrates and Tigris River System - Nicolas Bremer - eBook (9789462746817)

This book analyses the distribution and utilisation of the water of the Euphrates and Tigris river system from the perspective of international law. It shows which international treaties and provisions of international customary law regulating the non-navigational use of international freshwater systems are binding for the riparian states, Iraq, Syria and Turkey, and how the distribution and utilisation of the waters of the river system are governed by these. this study uses two Turkish dams - the Atatürk Dam on the Euphrates and the Ilisu Dam on the Tigris - to illustrate which provisions of international law are binding and what problems arise concerning the application of these principles.

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International Development Cooperation Today - Huib Huyse, Jan van Ongevalle, Patrick Develtere - eBook (9789461663986)

Over the past 60 years high-income countries have invested over 4000 billion euros in development aid. With varying degrees of success, these investments in low-income countries contributed to tackling structural problems such as access to water, health care, and education. Today, however, international development cooperation is no longer restricted to helping by giving. Instead, it is rather about opportunities, mutual interests, risk taking, and an inclusive societal approach. With the arrival of major new actors such as China, India, and Brazil, and the manifestation of private companies and foundations like the Bill and Melinda Gates Foundation, development aid is being eclipsed by new forms of international cooperation, increasingly accompanied by investments, trade, and give-and-take exchanges. The agenda for sustainable development, adopted by all United Nations Member States in 2015 and to be realised by 2030, is a case in point of new influential frameworks that usher in a gl…

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Shifts in private and public regulation - Niels J. Philipsen - eBook (9789462748125)

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