Flexibility in Modern Business Law

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

3. The Perspective of the Lawmaker

   1. Front Matter

      Pages 13-13

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   2. The Potential and Limits of Teleological Reduction Shown with the Example of the Austrian Warranty Regime

      • Stefan Wrbka

      Pages 15-36

   3. The Austrian Civil Law Company as an Example of a Successful Company

      • Daniele Mattiangeli, Lisa Katharina Promok

      Pages 37-47

   4. From the Boardroom to the Corner Store: Globalization, Law and Economic Organization

      • Sean McGinty

      Pages 49-67

   5. The Novelist’s Artistic Freedom v. His Protagonist’s Rights of Personality: A Comparison Between German and U.S.-American Law

      • Christian Gomille

      Pages 69-87

4. The Perspective of the Regulator

   1. Front Matter

      Pages 89-89

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   2. Delayed Leniency Applications: The Unfortunate But Predictable Outcome of the Flexible Leniency Policies Under the Chinese Antimonopoly Law

      • Steven Van Uytsel, Ying Bi

      Pages 91-122

   3. Investor-State Arbitration: A Tale of Endless Obstacles?

      • Claudia Reith

      Pages 123-146

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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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.

• Business regulation
• Globalization and the law
• Legal certainty
• Reflexive law
• Transnational law

• Faculty of Law, Kyushu University, Fukuoka, Japan

  Mark Fenwick, Stefan Wrbka

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

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

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