Página 4 dos resultados de 2462 itens digitais encontrados em 0.050 segundos

‣ A cláusula compromissória arbitral: uma perspectiva comparada do direito canadense e do direito brasileiro; The arbitration clause: a comparative perspective of the Brazilian and Canadian law

Almeida, Caroline Sampaio de
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 18/06/2013 Português
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Todos os sistemas jurídicos produzem leis e decisões judiciais, cuja diferença reside principalmente na predominância de uma dessas características. No sistema de civil law, preponderante no Brasil, prevalece a elaboração das normas, organizadas em códigos e leis. O sistema jurídico da common law, por sua vez, é baseado primordialmente em decisões judiciais, que inclusive condicionam a admissibilidade da intromissão normativa, vinculando a todos, independentemente de obrigatoriedade expressa ou sanções por descumprimento, como no Canadá. Apesar das diferenças, a rápida adesão do universo do civil law à economia de mercado e à globalização, por um lado, e o esforço de harmonização e unificação, por outro, têm contribuído para a diluição de fronteiras teóricas práticas entre os dois sistemas, além de suscitar um recrudescimento do interesse pela teoria do contrato. No Brasil, um dos exemplos dessa diluição, motivada principalmente pela morosidade processual ligada à tradição e cultura nacionais que nutrem certa simpatia pelos recursos, é a Lei de Arbitragem por meio da qual se conferiu aos tribunais arbitrais uma natureza quase judicial, iniciativa pioneira dos sistemas de common law. A difusão da arbitragem como meio alternativo de solução de controvérsias...

‣ What is Soft Paternalism, and the Best it has to Offer in the Battle to Quit Smoking

Lee, Edward J.
Fonte: Harvard University Publicador: Harvard University
Tipo: Paper (for course/seminar/workshop)
Português
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The behavioral law and economics concept of “soft paternalism†offers a way to satisfy both the American predilection to remain skeptical of paternalistic government regulation and the temptation to take advantage of well-established evidence that people often stray from the traditional assumption of rational behavior and decision-making in fairly predictable ways, by offering policymakers the possibility of crafting regulations and laws aimed towards steering people away from irrational, or boundedly rational, behavior so long as individuals can easily opt-out if they so choose. Of all the proposals introduced and outlined by various academics in the field of behavioral law and economics, a government-sponsored self-regulation regime using customizable cigarette ID cards offers the best of what soft paternalism has to offer. The plan is directed towards an activity that is universally accepted as a “bad†and that imposes great costs upon both society and the individual smokers. Smoking offers an example of when behavior and decisions stray from the rational actor model, as smokers display prominent symptoms of self-control and time-inconsistency problems, leading them to make choices that stray from their own personal assessment of what is in their best interest. Moreover...

‣ Contemporary Legal Transplants - Legal Families and the Diffusion of (Corporate) Law

Spamann, Holger
Fonte: Brigham Young University Law Review Publicador: Brigham Young University Law Review
Tipo: Artigo de Revista Científica
Português
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This paper empirically documents the continued importance of the legal families for the diffusion of formal legal materials from the core to the periphery in post-colonial times. This raises the possibility that substantive differences between countries of different families around the world, such as those documented in the legal origins literature, continue to be the result of separate diffusion processes rather than of intrinsic differences between common and civil law. Using the example of corporate and securities law, the paper documents the frequent and often exclusive use of legal materials and models from the respective legal family’s core countries in treatises and law reform projects in 32 peripheral and semi-peripheral countries. The paper also shows that most authors of these treatises and projects were trained in the respective core countries. Data on the activities of national legal development and cooperation organizations, trade and investment flows, and student migration confirm the close legal family ties and provide some evidence of possible channels through which materials may continue to diffuse within their legal families after decolonization. The diffusion of formal legal materials need not imply that the substantive development of law is affected by foreign influences...

‣ CORPORATE GOVERNANCE AND THE TIMELINESS OF FINANCIAL REPORTING: AN EMPIRICAL LEGAL STUDY OF RUSSIAN BANKS

McGee, Robert W; Yoon, Yeomin; Tarangelo, Thomas
Fonte: SelectedWorks Publicador: SelectedWorks
Tipo: Artigo de Revista Científica Formato: application/pdf
Português
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57.2987%
The timeliness of financial reporting has been an important topic in the accounting literature for decades. There is a tradeoff between the timeliness of reporting and the value of the information being reported. Prior to the advent of the internet, reporting had to be done using print media. However, now that many companies post their annual and quarterly reports on the internet it is possible to report in a more timely fashion than has previously been possible. The problem is that companies in some countries do not make full use of this disclosure tool. They sometimes take many months to make the information available to the general public. The present empirical legal study examines the timeliness of financial reporting in the Russian banking sector and compares it to the SEC benchmark.

‣ A Companion to Philosophy of Law and Legal Theory, 2nd ed.

Fonte: Wiley-Blackwell Publicador: Wiley-Blackwell
Tipo: Livro
Português
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The articles in this new edition of 'A Companion to Philosophy of Law and Legal Theory' have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. It represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy It now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars; Part I: Areas of Law 1. Property Law (Jeremy Waldron) 2. Contract (Peter Benson) 3. Tort Law (Stephen R. Perry) 4. Criminal law (Leo Katz) 5. Public international law (Philip Bobbitt) 6. Constitutional law and religion (Perry Dane) 7. Constitutional law and interpretation (Philip Bobbitt) 8. Constitutional law and privacy (Anita L. Allen) 9. Constitutional law and equality (Maimon Schwarzschild) 10. Evidence (John Jackson and Sean Doran) 11. Interpretation of statutes (William N. Eskridge...

‣ Law and governance in the institutional organisation of EU financial services: The Lamfalussy procedure and the single supervisor revisited

CHATZIMANOLI, Despina
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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57.19998%
Defence date: 9 March 2009; Examining Board: Prof. Gráinne De Búrca, EUI- Fordham Law School- Harvard Law School (Supervisor) Prof. Marise Cremona, EUI (Internal Advisor) Prof. Takis Tridimas, Financial Law Unit, Queen Mary, University of London Prof. Niamh Moloney, London School of Economics and Political Science- Financial Markets Group, University of London; Financial markets help allocate capital efficiently across the economy, thereby boosting economic growth- hence the salience of the creation of a single market in financial services within the EU single market project. Nevertheless, despite the EU's financial regulatory programme, it appears that a fully-fledged single European financial market is yet to be achieved. According to some, the substantive context of EU financial regulation is partially to account for this failure. More recently, though, both in policy and academic circles, the focus has been shifting towards the governance of EU financial law. Within this context, this thesis analyses the institutional arrangements for EU financial market regulation and supervision - crystallized in the so-called Lamfalussy framework- and explores the potential and problems of the prospect of institutional consolidation (in the form of one or more EU financial authorities) as an alternative to that framework. The debate...

‣ The Economics of Double Taxation; La economía de la doble imposición tributaria

Cofone, Ignacio; Universidad Austral
Fonte: Universidade La Sabana Publicador: Universidade La Sabana
Tipo: Artigo de Revista Científica
Português
Relevância na Pesquisa
57.2235%
The paper engages double taxation from an economic and a constitutionalperspective. It first explains double taxation and its consequences with abrief analysis about its efficiency. Then, it addresses the subject of theTragedy of the Commons and the Tragedy of the Anticommons, applyingit to double taxation. It later evaluates if there is a constitutional rule orprinciple that prohibits local double taxation and deals with tax coparticipationsystems as a mean to avoid it. Finally, it analyzes the relationshipbetween the alleged prohibition of double taxation and tax law principles,and applies the said economic considerations to this phenomenon.; El trabajo aborda la doble imposición tributaria interna desde las perspectivaseconómica y constitucional. En primer lugar, explica en qué consistela doble imposición y qué consecuencias trae, haciendo un breve análisisacerca de su eficiencia. Luego, trata el tema de la tragedia de los comunesy anticomunes, aplicándolo al caso bajo análisis. Más adelante analiza siexiste algún principio o regla constitucional que prohíba la doble imposicióna nivel interno y trata el tema de la ley de coparticipación federal deimpuestos como medio para evitarla. Finalmente, analiza la relación entrela supuesta prohibición de doble imposición y los principios del derechotributario...

‣ Essays in Law and Economics

Givati, Yehonatan
Fonte: Harvard University Publicador: Harvard University
Tipo: Thesis or Dissertation
Português
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Part I examines the consequences of an organizational reform in Israel that transferred the responsibility for housing arrestees from the police to the prison authority. Using the staggered introduction of the reform in different regions of the country, we show that the reform led to an increase in the number of arrests and to a decrease in the number of reported crimes, with effects concentrated in more minor crimes. The reform also led to a decrease in the quality of arrests, measured by the likelihood of indictment following an arrest. These findings are consistent with the idea that the reform externalized the cost of housing arrestees from the Police's perspective, and therefore led to an increase in police activity. Part II examines why some countries mandate a long maternity leave, while others mandate only a short one. We incorporate into a standard mandated-benefit model social tolerance of gender-based discrimination, showing that the less tolerant a society is of gender-based discrimination, the longer the maternity leave it will mandate. Relying on recent research in psychology and linguistics we collected new data on the number of gender-differentiated personal pronouns across languages to capture societies' attitudes toward gender-based discrimination. We first confirm...

‣ Essays in Institutional Economics

Lustig, Scott Jordan
Fonte: Universidade Duke Publicador: Universidade Duke
Tipo: Dissertação
Publicado em //2011 Português
Relevância na Pesquisa
57.232114%

This dissertation is a collection of three chapters all pertaining to institutional economics. In short, the eld of institutional economics is an outgrowth of public economics, in the sense that in many cases he key institutions that frame economic decisionmaking are the product of public policy. However this is not exclusive. Institutional economics' key contribution is the acknowledgement that cultural and social institutions --- often developed organically over the course of centuries --- can play as signicant a role in individuals' economic choices as governmental policy. In the pages that follow, we will address the economic impact of cultural and political institutions in three contexts: Judicial decisionmaking in Islamic courts, the effects

of negative health shocks on retirement savings, and the tradeoff between retirement savings and investment in durable goods.

; Dissertation

‣ Brand Loyalty, Entry, and Price Competition in Pharmaceuticals after the 1984 Drug Act

Grabowski, Henry; Vernon, John
Fonte: Journal of Law and Economics Publicador: Journal of Law and Economics
Tipo: Artigo de Revista Científica Formato: 2025130 bytes; application/pdf
Publicado em /10/1992 Português
Relevância na Pesquisa
57.30859%
IN 1984, Congress enacted a new law that greatly affected the economics of the pharmaceutical industry in the United States. It has been characterized as the most important legislation affecting competition in the pharmaceutical industry since the 1962 Kefauver-Harris Amendments to the Food and Drug Act. This 1984 law, known as the Drug Price Competition and Patent Term Restoration Act (hereinafter the 1984 Act), facilitated the entry of generic drug products after patent expiration while it also restored part of the patent life lost during the premarket regulatory process for new introductions.1 Market entry by generics was relatively limited prior to 1984 because of costly Food and Drug Administration (FDA) requirements that had to be met by the imitative products. That is, generic drugs often would have to duplicate many of the pioneer's tests to gain market approval after patent expiration. As a result of the 1984 law, generic products need only demonstrate bioequivalence to the pioneer's brand, and generic entry has increased significantly. This has provided a body of very interesting data to analyze the pattern of entry and the pricing strategies followed by the entrants and incumbents. In this article, we make use of data covering the sales and prices of the pioneer and generic products for eighteen drug products...

‣ The internal and external constraints of data protection on competition law in the EU

Costa-Cabral, Francisco; Lynskey, Orla
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2015 Português
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57.230034%
Personal data has both an economic and a dignitary value. This begs the question of whether competition law should respect the dual nature of personal data, given that the regulation of competition is chiefly dictated by economic concerns. This article addresses that question by mapping the potential intersections between EU data protection law and competition law. In particular, it argues that data protection law exercises an internal and an external constraint on competition law. On the one hand, competition law involves judgments about ‘normal competition’ and consumer welfare which may require a normative contribution by data protection law. Using data protection as a normative benchmark in this way does not depart from the logic of competition law as data protection still requires a competitive concern hook on which to hang. Data protection would thus act as an ‘internal constraint’ on competition law. On the other hand, regardless of such logic, competition authorities are bound to respect the fundamental right to data protection. This requires them to restrict the scope of competition law and to guarantee the effectiveness of that fundamental right. In this way, data protection acts as an ‘external constraint’ on competition law. Recognising these constraints would pave the way for a more coherent EU law approach to consumer concerns in a digital society.

‣ Rethinking the role of the law of corporate distress in the Twenty-First century

Paterson, Sarah
Fonte: The London School of Economics and Political Science, Department of Law Publicador: The London School of Economics and Political Science, Department of Law
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em //2014 Português
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57.19443%
Thomas Jackson famously described the role of all bankruptcy law as reducing the incentive for individual enforcement against the assets of a distressed company. Although scholars have debated other aspects of Jackson’s thesis, most have continued to identify with this as the central tenet of bankruptcy law. This paper proposes a new taxonomy: the law of corporate distress comprised of insolvency law and restructuring law. It argues that Thomas Jackson’s description remains apt for part of that taxonomy but draws a distinction between the constituent parts. It reframes the unifying aim of the law of corporate distress as the facilitation of the reallocation of resource in the economy to best use and draws a distinction between insolvency law’s role in reducing the incentive for individual enforcement and restructuring law’s role in providing a deadlock resolution procedure. Adopting a comparative Anglo-American approach it examines the implications of this distinction for insolvency law and restructuring law in the twenty-first century.

‣ The path of fiduciary law

Kershaw, David
Fonte: The London School of Economics and Political Science Publicador: The London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em 29/08/2011 Português
Relevância na Pesquisa
57.194478%
Contemporary accounts of corporate legal evolution view lawmakers as highly responsive to the economic interests of both pressure groups and markets. Through this lens law is understood to be the product of pressures exerted by managers, investors, institutional shareholders and the Federal Government, and the incentives of state lawmakers to accommodate the interests of these pressure groups. This lens dominates our current understanding of corporate legal evolution in the United States and is becoming highly influential in comparative accounts of corporate legal variation. This article sounds a note of objection. The article argues that the disciplinary pendulum has swung too far toward external accounts of legal evolution and too far away from internal accounts of legal change which view the path of law, at least in part, as the product of the internally generated constraints of the legal system – the relative autonomy of the law. To make this argument, the article considers the internal constraint of the conception of the corporation in 19th century US and UK corporate law and the evolution of self-dealing law in these two jurisdictions. It shows how two jurisdictions that started from the same legal proposition about self-dealing diverged rapidly as a result of the interaction of this proposition with profoundly different conceptions of the corporation. Contrary to the dominant account of the evolution of self-dealing law in the United States...

‣ Comparative constitutional law in the courts: reflections on the originalists’ objections

Murkens, Jo Eric Khushal
Fonte: Department of Law, London School of Economics and Political Science Publicador: Department of Law, London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /10/2008 Português
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The controversy surrounding the judicial use of comparative constitutional law is not new. However, the debate has recently been reignited by a number of US Supreme Court justices who have spoken out on the use of non-US law in the Court. Scalia opposes, and Breyer favours, references to ‘foreign law’. Their comments, made both within and outside of the Court, have led to a reaction by scholars. Arguably the debate is US-specific as it resembles the different views regarding constitutional interpretation, namely whether the Constitution’s original, or rather its current, meaning is determinative. Yet the debate also raises broader issues of constitutional theory and politics: formal vs substantive legitimacy, globalisation of the courts, judicial sleight of hand, the cultural foundations of constitutional law, and the citation of non-primary sources of law in litigation. The present article explores these issues. It rejects radical approaches (either against or in favour of comparative constitutional law) and instead argues for a more modest process which both identifies the national specificity of law and grasps the mediating potential of law as a self-reflexive discourse.

‣ Utility and rights in common law reasoning: rebalancing private law through constitutionalization

Collins, Hugh
Fonte: Department of Law, London School of Economics and Political Science Publicador: Department of Law, London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /09/2007 Português
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57.25237%
In the evolution of private law, legal reasoning has always confronted the fundamental problem of reconciling private interests with collective goods. Philosophers analyse this problem of justice in terms of protecting individual rights whilst at the same time maximizing utility or general welfare. The private law of tort, contract, and property rights that emerged in the nineteenth century provided a fortress of protections for individual rights, but the consequences for collective welfare were quickly found wanting. These consequences were addressed by the welfare state, regulation, and the separation of new spheres of private law such as consumer law and labour law from mainstream doctrine. By the second half of the twentieth century, however, these regulatory measures had triggered a marked shift in private law reasoning as a whole, which became more instrumental or policy oriented. It evolved into a hybrid of the old private interest reasoning and modern policy oriented regulatory reasoning. At extreme moments, common law reasoning was almost reduced to a variant of economic reasoning concerned with maximizing wealth. In reaction, what is happening now is the search for ways to rebalance the underlying values of utility and rights. The task is to construct a legal language through which private law can be reoriented in ways which both give full weight to a wide range of individual rights and at the same time serve collective interests. The increasingly popular method for achieving this task involves the constitutionalization of private law. By grounding the principles of private law in the general principles and abstract rights found in constitutions...

‣ Gibrat's Law and the British industrial revolution

Klein, Alexander; Leunig, Tim
Fonte: Spatial Economics Research Centre (SERC), London School of Economics and Political Science Publicador: Spatial Economics Research Centre (SERC), London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /09/2013 Português
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57.228267%
This paper examines Gibrat’s law in England and Wales between 1801 and 1911 using a unique data set covering the entire settlement size distribution. We find that Gibrat’s law broadly holds even in the face of population doubling every fifty years, an industrial and transport revolution, and the absence of zoning laws to constrain growth. The result is strongest for the later period, and in counties most affected by the industrial revolution. The exception were villages in areas bypassed by the industrial revolution. We argue that agglomeration externalities balanced urban disamenities such as commuting costs and poor living conditions to ensure steady growth of many places, rather than exceptional growth of few.

‣ Interpretations and coherence of the fair and equitable treatment standard in investment treaty arbitration

Pandya, Abhijit P.G.
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2011 Português
Relevância na Pesquisa
57.220186%
The fundamental aims of this thesis is to demonstrate problems regarding key forms of liability formulated under the Fair and Equitable Treatment Standard (‘FET’ hereinafter). These are problems that are likely to occur for developing countries who are attempting to prevent future breaches of the same type illustrated in the current jurisprudence, through developing appropriate responses. Principal Propositions: This thesis will propose the following regarding the FET standard: 1. The FET standard has been used to create rules. 2. The rules created under the FET standard operate on state institutions and state policy creating a framework of administrative liability that is unique as it operates without classic constitution constraints. 3. This form of unique administrative liability of FET confers a governance role on arbitrators, to control state institutions and policy sanctioned by liability, through transplantation of administrative law into the investment treaty framework. 4. This unique administrative liability is applied to developing countries through the investment treaty framework. 5. For reasons of lack of coherence of this unique administrative law and problems faced by developing countries accommodating legal transplants in the law and development movement; developing countries...

‣ Right to reparations in international law for victims of armed conflict: Convergence of law and practice?

Evans, E. Christine
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2010 Português
Relevância na Pesquisa
57.237407%
This thesis analyses the international legal standing of the right to reparations for victims of serious human rights and humanitarian law violations and assesses the degree of practical implementation of the right at the national level through post-conflict and transitional justice measures. The central objective of this study is to chart and evaluate developments in law and practice in order to substantiate arguments in favour of an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States. To this end, Part I explores the customary nature of human rights and humanitarian law provisions, outlines the basic premise of State responsibility in relation to violations and identifies the general international norms which establish the obligation of States to provide reparations. An examination of the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law as well as extensive human rights jurisprudence, international as well as regional...

‣ A normative theory of international law based on new natural law theory

Searl, Mark
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //2014 Português
Relevância na Pesquisa
57.26998%
This thesis articulates a normative theory of international law based on new natural law theory. New natural law theory is a theory of ethics, politics, and law that is based on the classical natural law doctrine of Thomas Aquinas. The primary reference point of the thesis in relation to new natural law theory is the work of John Finnis, who in Natural Law and Natural Rights and subsequent writings elaborates the theory in the consideration of fundamental concepts in political philosophy and legal theory. The thesis examines the tenets of new natural law theory regarding the common good, authority, law, justice, human rights, and legal obligation, and uses these to formulate normative claims regarding the moral purpose of international law and the moral standards that international law should satisfy in light of its purpose. The thesis posits the existence of an ‘international common good’, encompassing a set of supranational conditions that are instrumental to human welfare and that require international cooperation for their realisation. The thesis claims that the primary moral purpose of international authority and international law is to further the international common good through resolving the coordination problems of the international community of states. Identifying ‘principles of justice’ for international law...

‣ Food commodity speculation, hunger, and the global food crisis: whither regulation

Chadwick, Anna
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: text
Publicado em /08/2015 Português
Relevância na Pesquisa
57.18634%
This thesis takes as its starting point claims that practices of financial speculation in commodity derivative markets were instrumental in the causation of the global food crisis in 2007-08. Adopting an approach informed by critical legal studies, I seek to challenge dominant conceptions about the role that law has played in this context. Campaigners concerned about these practices place great faith in financial regulation as means of restraining ‘excessive’ speculation. Equally, those concerned with the vulnerability of poor communities to its effects — their condition of ‘food insecurity’, as it is designated in the prevailing discourse — turn to human rights, in particular, the right to adequate food, as a means of response. In both instances, law is positioned as the solution to fix malfunctioning markets. Examining the significance of law in the creation of the two global markets in question — one for a trade in financial instruments linked to food commodities, the other for tangible food commodities — I will consider whether this way of positioning law is accurate. I will explore the possibility that a preoccupation with regulatory solutions obscures other roles that law might play in global commodity markets. Focusing on the role law plays in enabling market behaviours...