The Faculty's commercial law research strength embraces both
civilian and common law perspectives, as well as the transnational nature
of commercial enterprise in the global economy. Research activities can
be distilled into the following broad themes, which
may give some flavour of the depth and breadth of our vision:
Theoretical Foundations of Commercial Law
Riz Mokal draws upon legal and moral philosophy to assess
the ends that are, and those that ought to be, pursued by laws governing
property and corporate insolvency, and upon economics to determine whether
those ends are pursued in a way that minimises the waste of social resources.
His research has led to the reconceptualisation of some of the most fundamental
aspects of these laws.
John Lowry's work in corporate law integrates corporate
theory, with particular reference to the law and economics school, into
the foundations of traditional company law.
His work with Philip Rawlings on insurance law develops
the idea of risk spreading/transfer by engaging with the wider socioeconomic,
political and quasi-legal underpinnings of insurance as a means of informing
the development of policy and reform.
A consistent theme of Valentine Korah's research concerns
the attempt to provide an underpinning economic theory for EU competition
law and policy.
Transnational and Comparative Commercial Law
Lucinda Miller focuses on a comparative analysis of
the non-performance of contractual obligations. She is one of the few
English contributors to debate concerning major reform of the French Law
of Obligations.
John Lowry adopts a comparative approach to the fiduciary
duties of company directors and shareholder rights. His work spans Anglo-Commonwealth
and USA jurisdictions. His analysis of the conceptual underpinnings of
the equitable obligations of directors has generated debate among scholars
in North America.
Ian Fletcher's research covers both corporate and personal
bankruptcy and he is recognised as a leading authority on the transnational
and comparative aspects of this jurisprudence. He has made key contributions
to the formulation of international instruments governing this aspect
of law, and to the translation of such instruments to municipal legal
systems.
Philip Rawlings’ work in international finance
brings historical and comparative insights to confront issues in contemporary
capital markets law.
Arad Reisberg is researching issues surrounding corporate
governance and financial markets in a global environment. Drawing on comparative
legal, economic and psychological analysis, his research encompasses the
interaction between different disciplines such as economics, law, finance
and management.
Florian Wagner-von Papp's work has focused on competition
law, especially exchange of information between competitors, and contract
including self-exclusion agreements.
Robert Sullivan's interest on legal responses to fraudulent
and corrupt conduct in commercial contexts and his research on the juridical
bases of corporate criminal liability will develop further the Faculty's
contribution on corporate governance and responsibility.
Robert Stevens has worked collaboratively with scholars
from across the European Union in producing comparative law work on insolvency,
security rights and private international law.
As the various aspects of work in this field mature further, the Faculty
aspires to revolutionise the way in which established areas of private
and public law are thought about, taught and practised within the UK and
beyond.
With the appointment of Arad Reisberg and the recent
arrival of Robert Sullivan, the Commercial Law Centre
is now positioned to broaden its leading-edge research in corporate governance
by exploring the realms of Corporate Social Responsibility, with a distinctive
emphasis upon conceptualising corporate manslaughter.
|
