| Description |
1 online resource (458 pages) |
| 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 |
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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 |
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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 |
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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 |
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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 |
| Notes |
Access to justice as a means to reconcile multilayer interests in the protection of the environment |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Class actions (Civil procedure)
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Public interest law.
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Due process of law.
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Justice, Administration of.
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LAW -- Litigation.
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Class actions (Civil procedure)
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Due process of law
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Justice, Administration of
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Public interest law
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| Genre/Form |
Congressen (vorm)
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| Form |
Electronic book
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| Author |
Van Uytsel, Steven
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Siems, Mathias
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| ISBN |
9781139422093 |
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113942209X |
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9781139424134 |
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1139424130 |
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9781139109383 |
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1139109383 |
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9781107021549 |
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1107021545 |
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9781107536258 |
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1107536251 |
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