Actions for Collective Actions : Enhancing Access to Justice and Reconciling Multilayer Interests?.

Email RIS file
Bookmark
Report an Issue

Collective Actions : Enhancing Access to Justice and Reconciling Multilayer Interests?.

Author
Wrbka, Stefan, 1976-
Published
Cambridge : Cambridge University Press, 2012.
Physical Description
1 online resource (458 pages)
Additional Creators
Van Uytsel, Steven, 1974- and Siems, Mathias M., 1974-
Access Online

Availability

I Want It
I Want It

Finding items...

Contents
Cover; COLLECTIVE ACTIONS; Title; Copyright; CONTENTS; FIGURES; TABLES; CONTRIBUTORS; PREFACE; ACKNOWLEDGMENT; ABBREVIATIONS; 1 Access to justice and collective actions; Introduction; The Florence Project and access to justice; From 'diffuse' to 'multilayer' interests; The role of collective actions in the context of multilayer interests; Structure of and contributions to this book; Conclusion; PART I Setting the stage; 2 European consumer protection law: Quo vadis?; Introduction; Multilayer interests; Access to justice; Redress tools; Green Paper on Collective Consumer Redress., The way(s) forwardConclusion; 3 Collective actions in a competition law context -- reconciling multilayer interests to enhance access to justice?; Introduction; Access to justice and collective actions; The justice concepts envisioned by law enforcement; Access to justice as redress for harm; Harm in a competition law context; Harm determined by the protective scope of competition law; The stakeholders in competition law infringements; Relationships among the stakeholders; Multilayer interests among the stakeholders; Tensions among the multilayer interests., Collective actions in a competition law contextReconciling tensions through collective actions; Alleviating tension through joinder procedures or test cases; Representative actions' influence on tension among individual interests; A tension too big for class actions; The tension between individual interests and the public interest; Compensatory justice and the impediment of legal standing; The stakeholders and legal standing; Competitors; Direct purchasers; Indirect purchasers; Umbrella customers; Deadweight loss customers; Creditors, shareholders, employees and suppliers., Collective actions and compensatory justiceWhat about deterrence?; Hybrid enforcement mechanisms; Conclusion; 4 Private enforcement of directors' duties; Introduction; The problem of enforcing directors' duties; Derivative actions in six countries; The United States, Japan and France: more similarities than differences?; The United Kingdom, China and Germany: do the new laws make a difference?; Discussion: convergence and legal families; Derivative actions in twenty-five countries; Methodology and dataset; The development of the law between 1995 and 2005., and Legal families, complements and substitutesConclusion; PART II Cross-continental perspectives on collective actions; 5 From peasant to shareholder; Introduction; Feudal origins: the cases of Martin and Usuha; The issues of group litigation; Martins case; The Usuha case; A common heritage?; New groups: joint stock companies and kabunakama; English joint stock companies; Kabunakama; Explaining the difference; The Tokugawa legal system; The nature of the kabunakama; Social and political context; The difference; Conclusion; 6 Reconciling multilayer interests in environmental law.
Summary
This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.
Subject(s)
ISBN
9781139422093
113942209X
9781139424134 (electronic bk.)
1139424130 (electronic bk.)
9781139109383 (electronic bk.)
1139109383 (electronic bk.)
9781107021549 (hardback)
1107021545 (hardback)
9781107536258 (paperback)
1107536251
9781139420044
Digital File Characteristics
data file
Note
Access to justice as a means to reconcile multilayer interests in the protection of the environment.
Bibliography Note
Includes bibliographical references and index.
View MARC record | catkey: 43612799