Description : Law, market theory and semiotics together provide a challenging new perspective on economic analysis of law.
Description : 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.
Description : Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.
Description : This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.
Description : "The study of ancient economies has for many generations been a fiercely debated field. Peter Temin has produced a book that will in many ways foster renewed energy in this great debate. What is of special value here is his economic analysis, including the use of regressions to show that price movements in the Roman provinces must be linked to those in Rome itself, and that the Roman economy, therefore, was a market economy. Whether one agrees or not with this basic conclusion, the framing of the evidence will alter the terms of the debate, and not just for the Roman economy but for Hellenistic economies as well. The book is a must-read for all economic historians and will surely become one of the most widely read books on the ancient economy."--J. G. Manning, Yale University "Peter Temin's fascinating book deploys the techniques of economic analysis to understand the nature of Roman trade, markets, and transactions, and definitively challenges the view of the Roman Empire as a 'primitive' economy. Stressing the importance of markets, trade, commerce, and banking, and emphasizing their prominence in the evidence from ancient texts and archaeology, Temin offers a sophisticated account of Rome's economic institutions and practices that fundamentally revises and enriches our understanding of the prosperity and the decline of this major imperial power."--Alan K. Bowman, University of Oxford "This is a very important book, and I know of no other quite like it. Temin's scholarship promotes and illustrates the relevance of economic theory to the study of Roman history. "The Roman Market Economy" contains plenty of claims that are controversial, but that's what will energize the debate."--Walter Scheidel, coeditor of "The Oxford Handbook of Roman Studies" "Economic historians have actively studied medieval and early modern Europe for decades, but few have ventured back as far as Peter Temin does here. He demonstrates that economic arguments apply just as well to the ancient world, and that even quite general propositions can be tested against evidence from antiquity."--Francois R. Velde, coauthor of "The Big Problem of Small Change" "
Description : Much attention has been focused in recent years on the transformation of the economies of Eastern and Central Europe and the former Soviet Union. However, a growing demand for policy advice, technical assistance and expertise is also coming from Asian reforming countries such as China, Mongolia, Vietnam, Laos and Cambodia. In addition, business communities abroad are increasingly interested in exploring investment and marketing opportunities in these reforming countries. Such developments are too important to overlook or ignore.The transformation of socialist economies towards market-based systems entails an unusually wide range of problems. Studies of related topics are complicated by the speed of the changes and the lack of clear historical precedents. Although the structural features of Asian reforming economies are in important ways different from those of the Eastern European economies, all socialist economies share similar fundamental conditions on the eve of economic reform which raise a similar set of reform issues.This volume brings together a rich collection of expertise and information in an attempt to shed some light on the transitional process in Asia. The contributions are by no means exhaustive. However, they provide the reader and analyst with an excellent starting point to the problems and prospects which are specific to Asian transforming economies.
Description : Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development, but his work also has been controversial. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy, yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship and mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.
Description : For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.