The Transnational Law Market, Regulatory Competition, and Transnational Corporations
29 Pages Posted: 2 Oct 2010
Date Written: September 24, 2010
Abstract
In many regions of the world and across various fields law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. Transnational corporations in particular are prominent actors in the emerging transnational law market. This article investigates the causes of this development and discusses these changes with respect to company law, contract law, the law of dispute resolution, and insolvency law. It assesses the market for legal rules and its practical consequences, and it provides legal policy recommendations for an efficient framework of the transnational law market. The emphasis is on transnational corporations as market actors and specifics of the European regulatory framework.
Keywords: Regulatory competition, regulatory arbitrage, legal arbitrage, transnational law, law market, transnational law market, company law, EC company law, insolvency law, dispute resolution, contract law, transnational corporations
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