The Transnational Law Market, Regulatory Competition, and Transnational Corporations

29 Pages Posted: 2 Oct 2010

See all articles by Horst Eidenmueller

Horst Eidenmueller

University of Oxford; European Corporate Governance Institute (ECGI)

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

Suggested Citation

Eidenmueller, Horst G. M., The Transnational Law Market, Regulatory Competition, and Transnational Corporations (September 24, 2010). Available at SSRN: https://ssrn.com/abstract=1681982 or http://dx.doi.org/10.2139/ssrn.1681982

Horst G. M. Eidenmueller (Contact Author)

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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