Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?

Cambridge University Press, 4/30/2012
EAN 9781107021549, ISBN10: 1107021545

Hardcover, 449 pages, 22.8 x 15.2 x 2.6 cm
Language: English

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

1. Access to justice and collective actions
Florence and beyond Stefan Wrbka, Steven Van Uytsel and Mathias M. Siems
Part I. Setting the Stage
2. European consumer protection law
quo vadis? Thoughts on the compensatory collective redress debate Stefan Wrbka
3. Collective actions in a competition law context - reconciling multilayer interests to enhance access to justice? Steven Van Uytsel
4. Private enforcement of directors' duties
derivative actions as a global phenomenon Mathias M. Siems
Part II. Cross-Continental Perspectives on Collective Redress
5. From peasant to shareholder
divergent paths of group litigation in Tokugawa Japan and England Sean McGinty
6. Reconciling multilayer interests in environmental law
access to justice in environmental matters in the European Union and the United States Monika Hinteregger
Part III. A Need to Enhance Collective Redress in Japan?
7. Recent problems of group rights protection for consumers in Japan Kunihiro Nakata
8. Can collective action be a solution to improve access to justice in Japan? Examination of measures to enhance the private enforcement of competition law in Japan Akinori Uesugi
Part IV. Collective Enforcement of Company and Securities Law
9. Does more litigation mean more justice for shareholders? The case of derivative actions in Vietnam Quynh Thuy Quach
10. The United States Supreme Court and implied private cause of actions under Sec. Rule 10b-5
the politics of class actions Arthur R. Pinto
Part V. Indirect Purchasers and Collective Redress
11. Indirect purchaser suits after the class action fairness act
reconciling multilayer interests in antitrust litigation William Page
12. Collective actions by indirect purchasers
lessons from the Japanese Oil Cartel cases Simon Vande Walle
Part VI. Recent Developments of and Future Perspectives on Collective Redress
13. Collective enforcement
European prospects in light of Swedish experience Annina H. Persson
14. Transnational class settlements
lessons from Converium Benoît Allemeersch
15. The impetus for class actions reform in England arising from the competition law sector Rachael Mulheron.