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The Flexibility of Law and Its Limits in Contemporary Business Regulation

  • Mark Fenwick
  • Stefan Wrbka
Chapter

Abstract

Over the last three decades, the rapid pace of technological change, transformations in the composition of markets and the emergence of global production capacities and service providers have created many new opportunities for business, as well as consumers. Globalization is the new and irreversible economic reality of our age. Clearly these economic changes have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of business, particularly cross-border business. Lawmakers and regulators have been compelled to respond to the new demands and challenges created by the emergence of a global economy. New expectations of law – in particular, that it be more agile or flexible in regulating the market economy – have prompted law-makers and regulators in multiple jurisdictions to adopt various novel regulatory techniques and legal forms to respond to this challenge.

Keywords

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Notes

Acknowledgements

The purpose of the book is to bring together, in one edited volume, research from a range of substantive areas of business law that shares a common interest in understanding the multi-layered challenges of contemporary business regulation. The book will be of interest both to lawyers interested in transnational business law, as well as other disciplines interested in understanding economic globalization and its effects.

The concept of this book emerged from the preparations for a seminar held in Kyushu University, Fukuoka, Japan on March 27, 2015. We are grateful to Prof. Tohiyuki Kono and the Graduate School of Law for providing the support necessary to organize this seminar.

References

  1. Ayres I, Braithwaite J (1992) Responsive regulation. Oxford University Press, OxfordGoogle Scholar
  2. Callies G-P, Zumbansen Z (2010) Rough consensus & running code. Hart, OxfordGoogle Scholar

Copyright information

© Springer Japan 2016

Authors and Affiliations

  1. 1.Faculty of LawKyushu UniversityFukuokaJapan

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