Students in various disciplines-from law and government to business and health policy-need to understand several quantitative aspects of finance (such as the capital asset pricing model or financial options) and policy analysis (e.g., assessing the weight of probabilistic evidence) but often have little quantitative background. This book illustrates those phenomena and explains how to illustrate them using the powerful visuals that computing can produce. Of particular interest to graduate students and scholars in need of sharper quantitative methods, this book introduces the reader to Mathematica, enables readers to use Mathematica to produce their own illustrations, and places specific emphasis on finance and policy as well as the foundations of probability theory.

The current financial crisis is preoccupying business and politics like no prior crisis. The economic effects are being felt on global, European, and national levels and are forcing governments to take extreme counter-measures. The long-term goal is not merely stabilization but rather to stabilize the financial system. System stability requires a regulatory framework that can comprehensively prevent possible future crises. For the first time at a conference held at the Humboldt-University in Berlin, leading experts from the legal and economic academic fields discussed the common effects and impact of the financial crisis on the (future) economic system.

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

This book explains the theoretical and policy issues associated with the taxation of financial services and includes a jurisdictional overview that illustrates alternative policy choices and the legal consequences of those choices . The book addresses the question: how can financial services in an increasingly globalized market best be taxed through VAT while avoiding economic distortions? It supports the discussion of the key practical problems that have arisen from the particular complexity of the application of VAT to financial services, and allows for the evaluation of best practice by comparing the major current reform models now being implemented.

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive's regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.

The point of origin for this work is the question: to which extent the a oeuniversal succession by virtue of the transactiona can be made useful for the business transation. The organizational possibilities made possible by the German Reorganization of Companies Act 1994 - and on a legally comparative level, the Swiss Merger Act 2003 and the Austrian Companies Code 2007 - prompted this examination.

This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations. Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved. This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.

This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives - ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes - are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.

This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities' policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people's behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

This book, dedicated to Prof. Jacques Richard, is about the economic, political, social and even environmental consequences of setting accounting standards, with emphasis on those that are alleged to be precipitated by the adoption and implementation of IFRS. The authors offer their reasoned critiques of the effectiveness of IFRS in promoting genuine global comparability of financial reporting. The editors of this collection have invited authors from 17 countries, so that a great variety of accounting, auditing and regulatory cultures, and educational perspectives, is amply on display in their essays.

The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

Impulse fur eine europaische harmonisierung DES Urheberrechts Urheberrecht im deutsch-franzoesischen Dialog Die Harmonisierung des Urheberrechts in Europa wird auch in den kommenden Jahren eine Herausforderung bleiben. Die Rechtsordnungen der Mitgliedsstaaten weisen gerade in diesem Rechtsgebiet erhebliche Unterschiede auf. Will man eine moeglichst breite Beteiligung der Mitglieder an diesem Prozess erreichen, so mussen ihre verschiedenen Ansatze bei der Harmonisierung Berucksichtigung finden. Dazu bedarf es zunachst einer grundlichen Analyse der Besonderheiten der jeweiligen Regelungssysteme. Vor diesem Hintergrund erscheint ein Vergleich des deutschen und des franzoesischen Urheberrechts besonders lehrreich. Zudem zeigt die Erfahrung, dass die Punkte, in denen das "deutsch-franzoesische Tandem Einigkeit erzielen konnte, oftmals einen Sogeffekt auf die Gemeinschaft ausgeubt haben. Aus diesem Grund haben das Max-Planck-Institut fur Geistiges Eigentum und das Institut de Recherche en Propriete Intellectuelle Henri-Desbois beschlossen, gemeinsam von einem deutsch-franzoesischen Standpunkt aus die Perspektiven eines Urheberrechts auf europaischer Ebene auszuloten. Von September 2004 bis Januar 2006 fand eine Vortragsreihe im Wechsel in Munchen und Paris statt, in deren Rahmen namhafte Urheberrechtexperten beider Lander zentrale Fragen des Urheberrechts diskutierten. Ziel der gemeinsamen UEberlegungen war es, dem europaischen Gesetzgeber auf unabhangigem Wege Loesungsmoeglichkeiten fur eine Harmonisierung aufzuzeigen. Den Abschluss bildete ein Symposium, auf dem die gemeinsam erarbeiteten Thesen diskutiert wurden. Die ideenreichen Beitrage dieser Vortragsreihe sind im vorliegenden Band abgedruckt. PERSPECTIVES D'HARMONISATION DU DROIT D'AUTEUR EN EUROPE Rencontres franco-allemandes L'harmonisation europeenne du droit d'auteur reste un enjeu majeur pour les prochaines annees, tant different dans ce domaine les traditions juridiques des differents Etats membres. Afin d'entrainer une large adhesion de la part de ces pays, ces differentes conceptions doivent etre prises en compte dans le processus d'harmonisation, ce qui necessite qu'une analyse de ces particularites soit conduite au prealable. Dans cette perspective, la comparaison des systemes francais et allemand du droit d'auteur est tres riche d'enseignements. De plus, l'experience passee a demontre que les points communs degages par le fameux " axe franco-allemand " ont souvent eu un grand effet d'entrainement au sein de l'Union europeenne. C'est pour cette raison que l'Institut Max-Planck pour le droit de la propriete intellectuelle et l'Institut de Recherche en Propriete Intellectuelle Henri-Desbois ont decide ensemble de conduire une reflexion sur l'avenir du droit d'auteur a l'echelle europeenne, dans une perspective franco-allemande. Avec pour ambition de proposer, de maniere independante, des pistes a suivre au legislateur communautaire, une serie de conferences traitant des principales questions du droit d'auteur et reunissant de prestigieux experts francais et allemands a ete organise de septembre 2004 a janvier 2006 successivement a Munich et a Paris, cloture par une conference finale durant laquelle ont ete discutees les differentes idees degagees lors des rencontres precedentes. C'est ces riches contributions qui ont ete reproduites dans le present ouvrage.

Der Band untersucht die Auswirkungen des Bilanzrechtsmodernisierungsgesetzes (BilMoG) auf den gesellschaftsrechtlichen Kapital- und Glaubigerschutz. Das BilMoG verfolgt das Ziel, den Informationswert von Jahresabschlussen unter Beibehaltung des Glaubigerschutzniveaus zu steigern. Der Gesetzgeber fuhrte eine ausserbilanzielle Ausschuttungssperre ein, die unsichere Vermoegensgegenstande bei der Ermittlung des ausschuttungsfahigen Vermoegens eliminiert. Trotz dieser minimal-invasiv wirkenden Massnahme wurde ein Paradigmenwechsel eingelautet: Der ausschuttungsfahige Gewinn ist fortan nicht mehr aus der Bilanz ersichtlich, sondern nur noch in Zusammenschau mit Angaben im Anhang ermittelbar. Das Vorsichtsprinzip hat zulasten der Informationsfunktion eine Schwachung erfahren.

This second edition provides a systematic introduction to the work and views of the emerging patent-search research and innovation communities as well as an overview of what has been achieved and, perhaps even more importantly, of what remains to be achieved. It revises many of the contributions of the first edition and adds a significant number of new ones. The first part "Introduction to Patent Searching" includes two overview chapters on the peculiarities of patent searching and on contemporary search technology respectively, and thus sets the scene for the subsequent parts. The second part on "Evaluating Patent Retrieval" then begins with two chapters dedicated to patent evaluation campaigns, followed by two chapters discussing complementary issues from the perspective of patent searchers and from the perspective of related domains, notably legal search. "High Recall Search" includes four completely new chapters dealing with the issue of finding only the relevant documents in a reasonable time span. The last (and with six papers the largest) part on "Special Topics in Patent Information Retrieval" covers a large spectrum of research in the patent field, from classification and image processing to translation. Lastly, the book is completed by an outlook on open issues and future research. Several of the chapters have been jointly written by intellectual property and information retrieval experts. However, members of both communities with a background different to that of the primary author have reviewed the chapters, making the book accessible to both the patent search community and to the information retrieval research community. It also not only offers the latest findings for academic researchers, but is also a valuable resource for IP professionals wanting to learn about current IR approaches in the patent domain.

This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers' grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.

This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO's, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law - in particular, that it be more agile or "flexible" in regulating the economy - have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region - inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

This book explores the future of cyber technologies and cyber operations which will influence advances in social media, cyber security, cyber physical systems, ethics, law, media, economics, infrastructure, military operations and other elements of societal interaction in the upcoming decades. It provides a review of future disruptive technologies and innovations in cyber security. It also serves as a resource for wargame planning and provides a strategic vision of the future direction of cyber operations. It informs military strategist about the future of cyber warfare. Written by leading experts in the field, chapters explore how future technical innovations vastly increase the interconnectivity of our physical and social systems and the growing need for resiliency in this vast and dynamic cyber infrastructure. The future of social media, autonomy, stateless finance, quantum information systems, the internet of things, the dark web, space satellite operations, and global network connectivity is explored along with the transformation of the legal and ethical considerations which surround them. The international challenges of cyber alliances, capabilities, and interoperability is challenged with the growing need for new laws, international oversight, and regulation which informs cybersecurity studies. The authors have a multi-disciplinary scope arranged in a big-picture framework, allowing both deep exploration of important topics and high level understanding of the topic. Evolution of Cyber Technologies and Operations to 2035 is as an excellent reference for professionals and researchers working in the security field, or as government and military workers, economics, law and more. Students will also find this book useful as a reference guide or secondary text book.

This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day. Beginning with the pivotal year of 1756, Rob Merkin QC organises his analysis era by era, situating the leading cases and emerging fundamentals of the marine insurance industry in the context of external events such as war, the growth of free international trade, and the expansion of empire. Offering insight into the origins of familiar legal principles in the field, the book provides a deeper understanding of the legal framework within which historical events took place and how this shaped both the development of marine insurance law and the political and economic circumstances surrounding it. Key features include: In-depth research by one of the leading experts in marine insurance law Context for and therefore deeper understanding of legal principles in the field An authoritative account of the development of modern law of marine insurance through its historical roots. Legal historians interested in marine insurance and international maritime law more broadly as well as other historians of the period will find the depth of research and breadth of coverage in this book invaluable. Its grounding of important principles in their historical context will also be useful to practising lawyers in the field grappling with current marine insurance issues.

This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

Die Edition "Nachschlagewerk der Reichsgerichts" bringt in Band 11 die Rechtsprechungsnachweise zu den 1025-1048 ZPO, zu weiteren Verfahrensgesetzen (Gerichtsverfassungsgesetz, Arbeitsgerichtsgesetz, Grundbuchordnung, Zwangsversteigerungesetz) sowie zum Verfahren der freiwilligen Gerichtsbarkeit, zum Konkurs- und Anfechtungsrecht und zur Rechtsanwaltsordnung.