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Faced with increased levels of international competition and
mounting budget deficits some developed, Western economies have
responded by introducing trade restrictions. This book uses a
comparative analysis of eight leading industrial nations (including
Japan, the United States, West Germany and Britain) to demonstrate
that such policies are mistaken. Alternatives to trade
restrictions, including subsidies for industries and labour-market
policy instruments are also shown to have their drawbacks, and the
book emphasises the need for countries to find and exploit policies
which fulfil their own political and social needs but which are
least injurious to their trading partners.
The last 20 years have seen a transformation in the level and
nature of international trade. Oil price shocks, world-wide
recessions and the globalization of capital markets have made the
conditions of international trading increasingly volatile. Some of
the most pressing problems for the developed economies of the West
have been caused by the impact of imports from the emergent Newly
Industrializing Countries (NICs), particularly where these have
been concentrated in established and important sectors of the
economy. The strain upon the global trading system which has been
apparent in recent years is evidenced in the growth of the "new
protectionism" - the adaptation of trade restrictions by some of
the world's leading trading nations. This book argues that these
are mistaken. Based on a comparative study of eight leading
industrial powers, including Japan, the US, West Germany and
Britain, it concludes that the policies adopted are economically
inefficient and do not fulfil the ends for which they were
designed. Instead the authors argue that countries need to try and
develop the policies which are least injurious to their trading
partners. Retaliatory protectionism is mutually da
In the mid 1980s, there was a crisis in the availability,
affordability, and adequacy of liability insurance in the United
States and Canada. Mass tort claims such as the asbestos, DES, and
Agent Orange litigation generated widespread public attention, and
the tort system came to assume a heightened prominence in American
life. While some scholars debate whether or not any such crisis
still exists, there has been an increasing political, judicial and
academic questioning of the goals and future of the tort system.
Exploring the Domain of Tort Law reviews the evidence on the
efficacy of the tort system and its alternatives. By looking at
empirical evidence in five major categories of
accidents--automobile, medical malpractice, product-related
accidents, environmental injuries, and workplace injuries--the
authors evaluate the degree to which the tort system conforms to
three normative goals: deterrence, corrective justice, and
distributive justice. In each case, the authors review the
deterrence and compensatory properties of the tort system, and then
review parallel bodies of evidence on regulatory, penal, and
compensatory alternatives.
Most of the academic literature on the tort system has
traditionally been doctrinal or, in recent years, highly
theoretical. Very little of this literature provides an in-depth
consideration of how the system works, and whether or not there are
any feasible alternatives. Exploring the Domain of TortLaw
contributes valuable new evidence to the tort law reform debate. It
will be of interest to academic lawyers and economists, policy
analysts, policy professionals in government and research
organizations, and all those affected by tort law reform.
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