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Electronic Consumer Contracts in the Conflict of Laws
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers’ access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts. Volume 1 in the series Studies in Private International Law
eBook
The Harmonisation of European Contract Law
After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a ‘European contract law’ has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required.
eBook
Unfair Contract Terms in European Law
The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
eBook
The Harmonization of Civil and Commercial Law in Europe
The \"Europeanization\" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
eBook
Public Procurement Law
Public procurement represents more than 15% of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also fast-growing, not least in the area of remedies for breach of procurement rules. The European directive of December 11, 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent, and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The volume’s contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics, and practitioners.
eBook
UNION DENSITY AND VARIETIES OF COVERAGE: THE ANATOMY OF UNION WAGE EFFECTS IN GERMANY
Collective bargaining in Germany takes place at either industry or firm level, and bargaining coverage is much higher than union density. The share of a firm's employees covered can vary between 0% and 100%, suggesting that researchers should distinguish union density, coverage at the firm level, and coverage at the individual level. Using linked employer–employee data, the authors estimate OLS and quantile regressions of wages on these dimensions of union influence. They find that a higher share of employees in a firm covered by industrywide or firm-specific contracts is associated with higher wages but find no clear-cut effect on wage dispersion. Yet, holding coverage at the firm level constant, individual coverage is associated with lower wages and less wage dispersion. Higher union density reinforces the effects of coverage. But for employees in firms without coverage, density's effect is negative and thus compresses the wage distribution in firms without coverage.
Journal Article
EU Law and Private International Law
European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.
eBook
THE EFFECTS OF ORGANIZATIONAL CHANGE ON WORKER WELL-BEING AND THE MODERATING ROLE OF TRADE UNIONS
The authors explore the effects of organizational change on employee well-being using multivariate analyses of linked employer-employee data for Britain, with particular emphasis on whether unions moderate these effects. Nationally representative data consist of 13,500 employees in 1,238 workplaces. Organizational changes are associated with increased job-related anxiety and lower job satisfaction. The authors find that job-related anxiety is ameliorated when employees work in a unionized workplace and are involved in the introduction of the changes.
Journal Article