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  • H Collins, 'Regulating Employment for Competitiveness ' (2001) 30 Industrial Law Journal 17
    It is suggested that the dominant theme of labour law policy has become the enhancement of the competitiveness of business, which, at its core, requires the facilitation and stabilisation of flexible employment relations. Neither deregulation nor mandatory labour standards adequately achieve this goal. It requires instead different techniques of regulation of the employment relation, including a revision of the implied terms of contracts of employment, the creation of new legal institutions of workplace governance, and the enhancement of the ability of employers to make credible commitments in return for functional flexibility on the part of employees.
    ISBN: 0305-9332
  • JA Armour and S. Frisby, 'Rethinking Receivership' (2001) 21 Oxford Journal of Legal Studies 73
    DOI: 10.1093/ojls/21.1.73
    It is a popular perception that administrative receivers and their appointors hold «too much» power in relation to troubled companies. Many who hold this view have called for the reform of insolvency law in order to redress the balance of power. This issue is timely, because insolvency law is currently under review. This article argues that although the law's formal structure is imbalanced, it can nevertheless generate savings for parties, by allowing a concentrated creditor who has invested in information-gathering about the debtor to conduct a private insolvency procedure. It is suggested that this procedure is likely to be more efficient than one conducted by a state official, and that it is likely to reduce the costs of debt finance, a matter of particular importance for small and medium-sized businesses. Empirical data are presented from 26 interviews with practitioners, which shed further light on the operation of receivership. Finally, the current law is compared with possible alternatives. It is argued that the case for wide-ranging reform is not made out.
    ISBN: 1464-3820/0143-6503
  • G Dinwoodie, 'The Development and Incorporation of International Norms in the Formation of Copyright Law' (2001) 62 Ohio State Law Journal 733
    The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law afforded countries significant latitude to implement international standards in ways tailored to their own economic and cultural priorities. The lack of an effective method of enforcing international standards consolidated that deference to national autonomy. And international treaties tended merely to codify existing commonly accepted national standards. This model has undergone changes of late, most notably (but not exclusively) in the context of the TRIPS Agreement, which subsumed the principal international copyright obligations within the WTO Dispute Settlement system. This change to the classical model is potentially significant in many ways. Most directly, failure to fulfill international copyright obligations may be met by the imposition of trade sanctions. More broadly, however, the interpretation of international copyright obligations by WTO panels may alter the degree of national autonomy afforded member states and may make international copyright law more forward looking in nature. International copyright lawmaking by activist WTO panels thus may generate costs as well as gains. Professor Dinwoodie considers these issues through an analysis of the first (and, thus far, the only) report of a WTO dispute settlement panel regarding violation of a copyright provision contained in the TRIPS Agreement. This report, handed down in June 2000, found that an exemption introduced into section 11 (5) of the U.S. Copyright Act in 1998 violated the rights of owners of copyright in musical works guaranteed by the Berne Convention and incorporated within the TRIPS Agreement. Professor Dinwoodie concludes that the panel report is a good beginning to the new era of international copyright. The panel report is a strong and appropriate endorsement of the need to protect the rights of copyright owners and to hold WTO members to agreed-upon minimum standards. In addition, the report contains hints that WTO panels will accord some continuing respect to the value of national autonomy, will seek to interpret the TRIPS Agreement in a dynamic fashion responsive to changing social and economic conditions, will examine contentious issues of copyright law through other than a pure trade lens, will move cautiously before finding violations of international obligations, and will encourage the involvement of interested third parties in the resolution of WTO disputes. Despite this balanced beginning, the article concludes that private international lawmaking might further forwardlooking international copyright lawmaking in ways that do not incur the costs associated with activist WTO lawmaking. To facilitate this process, Professor Dinwoodie suggests that national courts consider resolving international copyright litigation by formulating substantive rules rather than localizing such disputes in a single country through traditional choice of law rules. Such a substantive law approach to choice of law fits well with the objectives of private international law. But this broader approach will also establish a means of incorporating international norms in the formation of copyright law without jeopardizing values appropriately furthered by the classical method of public international copyright lawmaking.
  • R Ekins, J Ip and A Killeen, 'Undermining the Grundnorm?' (2001) 308 New Zealand Law Journal 299
  • JA Armour, 'Capital Maintenance' (2000) ESRC Centre for Business Research Literature Survey on Factual, Empirical and Legal Issues for Company Law Review 166 [Review]
  • S Enchelmaier, 'Current Developments: EC Law' (2000) 49 International and Comparative Law Quarterly 209
  • S Fredman, 'Equality Law: Labour Law or an Autonomous Field' in A. Bogg (ed), The Autonomy of Labour Law (2000)
  • P P Craig and G de Burca , EU Law, Text, Cases and Materials (2nd edn Oxford University Press 2000)
  • P P Craig, 'European Union Act ' (2000) Select Committee of the House of Commons on the EU
    I was invited to give evidence on the content of what became the European Union Act 2011.
  • S Fredman, 'From Dialogue to Deliberation: Human Rights Adjudication and Prisoners’ Rights to Vote' in M. Hunt (ed), Parliaments and Human Rights (2000)
  • M R Freedland, Government by Contract Re-examined-- Some Functional Issues, paper presented at Oxford University Press
    A chapter on the law and practice of government contracting in 'Law and Administration in Europe - Essays in Honour of Carol Harlow, edited by P Craig and R Rawlings.
    ISBN: 0-19-926537-2
  • H Eidenmüller, 'Grenzüberschreitende Insolvenzen im Spannungsfeld von Territorialität und Ubiquität des Rechts' (2000) 18 Jahrbuch für Neue Politische Ökonomie Band 81
  • P P Craig, 'Member of Advisory Board' (2000) European Review of Public Law
    I was a founding member of the Group over twenty years ago
  • P P Craig, 'Member of Editorial Board' (2000) Public Law
    Active Member for over 10 years
  • P P Craig, 'Member of Editorial Board' (2000) Public Law Review
  • P P Craig, 'Member of Editorial Board' (2000) Diritto Pubblico
  • P P Craig, 'Member of Editorial Board' (2000) European Constitutional Law Review
    Member since it was founded
  • P P Craig, 'Member of Editorial Board' (2000) Journal of European Public Policy
  • TAO Endicott, 'Objectivity, Subjectivity, and Incomplete Agreements' in Jeremy Horder (ed), Oxford Essays in Jurisprudence, Fourth Series (OUP 2000)
    Abstract: It might seem that the court's role in resolving a contract dispute is just to hold the parties to the resolution that they intended. But the law uses objective tests for the existence and content of a contract. I argue that the content of an agreement is determined by the meaning of the conduct by which the parties agreed. Objective tests are not a departure from the law's central purpose of enforcing agreements. This objective view of agreement might seem to support a different view of contract adjudication: that the task of the court is only to enforce the terms of the agreement (as identified by the objective test). That view of the role of courts is too limited because the terms of agreements, understood on the objective view of agreement, are typically incomplete in significant respects. The conclusion is a view of the role of courts in which they must commonly give an outcome that was not intended by the parties, and that is not determined by their agreement. Courts must do so if they are to give effect to the intentions of the parties, and to their agreements.
  • H Eidenmüller, 'Prozeßrisikoanalyse' (2000) 113 Zeitschrift für Zivilprozeß (ZZP) 5
  • N. W. Barber, 'Recrafting the Rule of Law' (2000) 116 Law Quarterly Review 332 [Review]
    Please note that this was not included in the last RAE
    ISBN: 0023-933X