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“Social Dumping Revisited: Some Lessons from Delaware?”

Barnard, Catherine. (1999) “Social Dumping Revisited: Some Lessons from Delaware?”. In: UNSPECIFIED, Pittsburgh, Pennsylvania. (Unpublished)

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    In this article I intend to examine the application of the competing theories of interjurisdictional competition to Delaware corporation law and consider the lessons that they may provide for the adoption of European Community legislation. I intend to take social policy as my case study, although similar arguments may apply in the context of monetary dumping (competitive devaluation), and fiscal dumping (distortionary subsidies to industry) [Padraig Flynn 1997]. Social policy is the area where concerns about race to the bottom have been most clearly articulated and there are inevitable overlaps between employment law and company law-as the worker participation debate in the context of the draft Fifth Company Directive and the European Company Statute makes clear. I intend to argue that despite the perception that a race to the bottom is occurring in the EU, there is little evidence of it in practice, although it does represent a useful bargaining tool for employers and Member States. I will then consider why a theory with such resonance in Delaware might not accurately represent the position in the EU.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > External relations > EU-US
    EU policies and themes > Policies & related activities > employment/labour market > employment/unemployment
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > social policy > general
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 1999 (6th), June 2-5, 1999
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 05 May 2006
    Page Range: p. 23
    Last Modified: 15 Feb 2011 17:21

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