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In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
This book examines contemporary changes in labor market institutions in the United States, Germany, Denmark, Sweden, and the Netherlands, focusing on developments in three arenas - industrial relations, vocational education and training, and labor market policy. While confirming a broad, shared liberalizing trend, it finds that there are in fact distinct varieties of liberalization associated with very different distributive outcomes. Most scholarship equates liberal capitalism with inequality and coordinated capitalism with higher levels of social solidarity. However, this study explains why the institutions of coordinated capitalism and egalitarian capitalism coincided and complemented one another in the "Golden Era" of postwar development in the 1950s and 1960s, and why they no longer do so. Contrary to the conventional wisdom, this study reveals that the successful defense of the institutions traditionally associated with coordinated capitalism has often been a recipe for increased inequality due to declining coverage and dualization. Conversely, it argues that some forms of labor market liberalization are perfectly compatible with continued high levels of social solidarity and indeed may be necessary to sustain it.
Originally published in 1984, this study focuses on petroleum agreements between non-OPEC LDCs with oil-importing LDCs and how issues such as high oil prices affect each country. The information presented in this study was drawn from interviews with petroleum officials in petroleum companies, petroleum ministries and unpublished documents such as contracts and focussing on case studies of countries such as Peru, Guatemala and Malaysia. This title will be of interest to students of environmental studies and economics.
Abstract: May 1999 - Liberalization of services at the subregional level has followed two broad approaches-the GATS model and the NAFTA model-neither of which automatically guarantees the full liberalization of trade in services. The question that participants in integration efforts at both the subregional and the broader regional level must ask is what kind of approach to liberalizing services offers both maximum transparency and the greatest degree of nondiscrimination for service suppliers. Only since completion of the Uruguay Round have developing countries in East Asia and the Western Hemisphere shown interest in liberalizing services. Ambitious efforts are now being made to incorporate services in liberalization objectives of both subregional and regional integration efforts, including in the Asia-Pacific region under APEC and in the Western Hemisphere under the Free Trade Area of the Americas (FTAA) process. At the subregional level, member countries of both ASEAN (in East Asia) and MERCOSUR (in Latin America) have chosen to follow the liberalization model set forth in the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS), and to open their services markets gradually and piecemeal. In the Western Hemisphere, Mexico has successfully promoted the NAFTA model of a more comprehensive liberalization of services markets-and several Latin American countries have adopted the same approach. Regionally, APEC has chosen a concerted voluntary approach to liberalizing services markets. Within the Western Hemisphere, participants are defining which approach they will use in the negotiations on services launched as part of the FTAA in April 1998. In all these efforts, a stated desire to promote more efficient services markets is often hindered by reluctance to open services markets rapidly or comprehensively because of historically entrenched protectionism in the sector and ignorance of the regulatory measures that impede trade in services. Presumably it would be easier to liberalize services at the subregional level, among countries at similar stages of development (although liberalization's economic value there might be questioned). Liberalizing services at the broader regional level is a difficult and ambitious goal, given the diversity of countries involved in such efforts. Thus liberalization will probably move more slowly at the regional than at the subregional level-perhaps even more slowly than at the multilateral level. It is possible that the new round of multilateral talks on services scheduled to begin under the WTO in 2000 may well eclipse the recently begun regional efforts. This paper-a product of Trade, Development Research Group-is part of a larger effort in the group to assist developing countries in the multilateral trade negotiations. The author may be contacted at [email protected].
In this important book, notable European experts in the energy field provide valuable perspectives on the principal issues raised by the liberalisation of the electricity and natural gas markets in the EU. Lawyers, business people, regulators, and policymakers who deal with matters and issues in the energy, natural resources, and environmental fields will find the details and insights presented here of great value.
La 4e de couverture indique : "Along with aviation and telecommunications, the gas supply chain has proved to be one of the paradigmatic factors in the great transformation in regulated industry law that has characterized recent decades. The liberalization in the gas market has taken two primary legal forms: (i) removal of entry barriers in competitive sectors; and (ii) regulation of infrastructure sectors through unbundling (economic separation of competitive and infrastructure sectors), and open access (requiring gas infrastructure owners/operators to allow competitors to access their facilities on commercial terms comparable to those that would apply in a competitive market). This book will focus on the latter legal form. This is the first book to analyze, in a comparative way, the detailed development of the unbundling and open access regimes across three continents. It is the author's contention that these two legal forms should be more widely implemented than they are at present. In each of five substantial chapters - on the United States, Europe, Japan, South Korea, and Taiwan - the author first focuses on the proposed or current laws and industrial practices on service, account, functional, legal and ownership unbundling and independent system operator, and then on those of different open access regimes (mainly including regulated and negotiated third party access), insofar as they have been developed in each location. Using empirical evidence from Europe, the United States, and Japan that a well-formulated and comprehensive liberalization can bring about more advantages than disadvantages, he shows how well-designed unbundling and open access regimes may accomplish the following : inject much-needed competition into gas exploration, exploitation, import, production, and retailing ; reform and re-regulate non-competitive sectors such as transportation, distribution, and storage ; balance potential conflicts between energy security and competition ; and support interests such as environmental protection, energy rights, safety, and consumer protection. The author attends throughout to the contrasting market situations in countries that rely on importing natural gas by liquefied natural gas tankers (LNG countries), and countries with their natural gas mainly coming from production fields via direct pipelines (PNG countries). Identifying the key legal issues arising from the development of the various unbundling and open access regimes discussed, the book goes on to provide a detailed general legislative framework for gas liberalization that applies especially to LNG countries. The author finds, perhaps surprisingly, that both LNG countries and PNG countries can in fact learn from each other. This book will be a key reference for anyone interested in the legal issues of gas liberalization, and will also provide the international energy community with keen insight into the unbundling and open access regimes in the United States, Europe, Japan, South Korea and Taiwan. Policymakers around the world will discover an excellent framework for launching or improving a gas liberalization scheme."
Impact of liberalization on informality has been a subject of intense debate for many years and the major issue that has come up is whether liberalization helps to grow informal sector and informality in the economy or it is an obstruction for informal sector’s growth. Thus, in the light of the recent liberalization measure, this book sets to examine general presumptions of the development of informal sector in the context of the Indian economy. The book begins with a broad framework for analysis of output contribution and growth of the informal sector. Liberalization is measured by openness indices and inter-sectoral linkages. Impact of liberalization on growth contributions of informal sector is captured by openness indices (i.e. degree of openness to trade and principal component scores), technical efficiency (measured by Data Envelope Analysis and estimated by Tobit Censored Regression model) and components of productivity (computed by Malmquist total factor productivity index) of the informal enterprises by inter-sectoral linkages. The linkages are modeled theoretically in a neo-classical growth theory and empirically measured by sub-contracting arrangements between formal and informal enterprises. In addition, the book also provides implications on promotion of informal sector from the viewpoint of employment generation. The description and analyses of the book will help with policy implications and enlighten the readers on the development of informal sector.