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Flexibility in Modern Business Law

A Comparative Assessment

  • Book
  • © 2016

Overview

Editors:
  1. Mark Fenwick

    1. Faculty of Law, Kyushu University, Fukuoka, Japan

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  2. Stefan Wrbka

    1. Faculty of Law, Kyushu University, Fukuoka, Japan

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    You can also search for this editor in PubMed   Google Scholar

  • Presents a theoretically informed examination of tension between demand for legal certainty and flexibility in regulating transnational business

  • Discusses various fields of law relevant to contemporary business law, including civil law, corporate law, competition law, and IP law

  • Includes diverse perspectives on the challenges of regulating commercial transactions in a global economy

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-vii
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  2. The Flexibility of Law and Its Limits in Contemporary Business Regulation

    • Mark Fenwick, Stefan Wrbka
    Pages 1-12

  5. The Perspective of Business

    1. Front Matter

      Pages 147-147
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    2. The New Corporate Criminal Law and Transnational Legal Risk

      • Mark Fenwick
      Pages 149-171

    3. Consumer Credit Law in the European Union and Japan: A Comparative Study

      • Jarl Jacob
      Pages 173-198

    4. ‘Plan-Like Architectures’ for Mutual Trust in the Cloud

      • Marcelo Corrales
      Pages 199-225

  6. Back Matter

    Pages 227-229
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Keywords

About this book

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.

Editors and Affiliations

  • Faculty of Law, Kyushu University, Fukuoka, Japan

    Mark Fenwick, Stefan Wrbka

About the editors

Mark Fenwick Associate Professor, Faculty of Law, Kyushu University, Japan

Stefan Wrbka Associate Professor, Faculty of Law, Kyushu University, Japan

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