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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
This is the new edition of the leading work on the law and practice
of auctions. The book looks at every aspect of auction practice
from the economics of auction sales and restrictions on trading to
criminal and other liabilities of the auctioneer. There is also a
chapter on VAT. There have been important recent developments in
the field of consumer protection and the book has been
substantially revised to reflect these. In addition to general
updating the new edition considers the practice of online auctions
for the first time. There is also a section on looted art . The
book continues to draw on case law from other common law
jurisdictions.
This monograph addresses two problems surrounding the
interpretation and application of Article 81 of the EC Treaty -
what is competition and how does Article 81 ensure that competition
is protected. After over 40 years of application and a period of
modernisation, decentralisation, and reflection, it is possible to
understand Article 81 and what it seeks to achieve. The monograph's
aim is to reveal the intellectual order and rational structure
underlying the law so as to enable the reader to understand Article
81 in a clear and rigorous manner. This is done by breaking Article
81 down into its constituent elements and examining the function
that each element serves. Arguing that jurisdiction rests on a
public/private distinction, both the substantive and the
justificatory rules are cast to generate obligations appropriate
for private actors to perform. Actors and activities falling within
the scope of Article 81 are subject to the substantive element
prohibiting contrived reductions in output. Since output reduction
can co-exist with cost reduction/innovation, and that these latter
features are desirable, cost reduction and innovation operate to
justify infringement of the substantive obligation. Thus this
monograph argues that output, cost and innovation are the only
legitimate issues in an Article 81 analysis. It is in this sense
that the monograph is concerned with the boundaries of Article 81
EC.
"A fascinating book about how platform internet companies (Amazon,
Facebook, and so on) are changing the norms of economic
competition." -Fast Company Shoppers with a bargain-hunting impulse
and internet access can find a universe of products at their
fingertips. But is there a dark side to internet commerce? This
thought-provoking expose invites us to explore how sophisticated
algorithms and data-crunching are changing the nature of market
competition, and not always for the better. Introducing into the
policy lexicon terms such as algorithmic collusion, behavioral
discrimination, and super-platforms, Ariel Ezrachi and Maurice E.
Stucke explore the resulting impact on competition, our democratic
ideals, our wallets, and our well-being. "We owe the authors our
deep gratitude for anticipating and explaining the consequences of
living in a world in which black boxes collude and leave no trails
behind. They make it clear that in a world of big data and
algorithmic pricing, consumers are outgunned and antitrust laws are
outdated, especially in the United States." -Science "A convincing
argument that there can be a darker side to the growth of digital
commerce. The replacement of the invisible hand of competition by
the digitized hand of internet commerce can give rise to
anticompetitive behavior that the competition authorities are ill
equipped to deal with." -Burton G. Malkiel, Wall Street Journal "A
convincing case for the need to rethink competition law to cope
with algorithmic capitalism's potential for malfeasance." -John
Naughton, The Observer
Intellectual Property Branding in the Developing World identifies
success stories in the areas of intellectual property (IP) and
branding for non-technological innovation in the developing world.
The author examines the relationship between IP, branding and
innovation to demonstrate that innovation, in general, and
non-technological innovation, in particular, must go hand in hand
with branding. Branding of non-technological innovations should be
a good strategic tool to be used by countries in the developing
world mainly in the areas where they have competitive advantages.
This book will assist scholars and academics dealing with
innovation, branding, and IP issues, providing context and guidance
to policymakers from the developing world. It is also relevant to
researchers and students in the fields of intellectual property
law, commercial law, international law, management, and innovation.
This book sets out in a clear and concise manner the central
principles of insurance law in the Caribbean, guiding students
through the complexities of the subject. This book features, among
several other key themes, extensive coverage of: insurance
regulation; life insurance; property insurance; contract formation;
intermediaries; the claims procedure; and analysis of the
substantive laws of several jurisdictions. Commonwealth Caribbean
Insurance Law is essential reading for LLB students in Caribbean
universities, students in CAPE Law courses, and practitioners.
Der moderne Staat reguliert die gesamte Volkswirtschaft; seine
standig anwachsende Aufgabenfulle hat zu einer kaum mehr
ubersehbaren Vermehrung des Rechtsstoffes gefuhrt. Die
Rechtsproduktion nicht nur der nationalen, sondern auch der
supranationalen (Europaischen Union) und internationalen (Vereinte
Nationen) Normschopfer kann daher nur durch eine systematische und
dogmatische Durchdringung des offentlichen Wirtschaftsrechts
bewaltigt werden. In Erganzung zum allgemeinen Teil sind im
vorliegenden Band die Spezialmaterien herausgearbeitet. Die
Autoren, uberwiegend aus dem universitaren Bereich, aber auch aus
der Praxis, gelten als ausgewiesene Kenner ihres Sachbereichs.
Hervorgehoben werden neben hochster Aktualitat das dogmatische
Grundverstandnis sowie die jeweiligen europa- und
internationalrechtlichen Bezuge."
This book presents the challenging field of maritime trade law in a
manner which is highly structured and understandable. This
examination focuses mainly on the complicated legal institutions of
private maritime trade law and their integration into international
law; however, the essential principles of the related fields of
public maritime law, maritime insurance law, and maritime
procedural law are also described. This book provides a solid
introduction to this field.
- A unique guide, based on several decades' successful experience
pursuing claims for fresh produce importers and exporters. -
Provides lawyers with detailed insight into what they need from
their clients in order to progress their claims. - Enables
underwriters to better envisage their clients' risks when drafting
policy cover and considering subsequent recoveries following claim
settlements. - A detailed guide for shippers and Importers to
enable them to both best protect their Interests when suffering
losses and to best position themselves for successful claims.
Dieses Buch enthalt Untersuchungen zur oekonomischen Analyse der
Unternehmung und ihrer rechtswissenschaftlichen Umsetzung im
Unternehmensrecht. Zum einen sind Beitrage enthalten, die sich mit
der Theorie der Unternehmung, dem Stand der Diskussion, der
Fruchtbarkeit fur rechtswissenschaftliche Fragestellungen und den
weiteren interdisziplinaren Forschungsperspektiven befassen. Zum
anderen finden sich Beitrage zu Problemen der Unternehmenskontrolle
und -organisation sowie der Unternehmenshaftung. Mehrere Beitrage,
darunter auch die der amerikanischen Teilnehmer diskutieren die
Tendenzen zur Herausbildung eines einheitlichen Unternehmensrechts.
Das Buch richtet sich an die Leser, die sich mit dem Unternehmen im
Schnittbereich von Recht- und OEkonomie befassen.
Introduction to Trade Policy provides a comprehensive overview of
the rules and regulations that govern trade flow. It discusses the
trade policy formulation process of major international economic
players, and analyzes existing trade policy tools that countries
may resort to in order to take advantage of the benefits of
international trade and to protect themselves against its dangers,
as well as their implications for trade policy, law and
negotiations. In Section I, the book explores the ways in which
interest groups interact with government and legislators to shape
trade policies. By developing an analytical view of trade policy
formulation systems in the U.S., European Union, the BRICS
countries (Brazil, Russia, India, China and South Africa), Canada,
Mexico and Australia, the book will help the reader to gain a
better understanding of these countries' trade policy developments
and also to apply such learning to the analysis of the trade policy
formulation of any other countries. Section II goes on to explain
how trade policy tools are used by governments to achieve trade and
other policy objectives, while Section III analyses trade in
services and the multilateral trade rules on Intellectual Property.
Finally, Section IV uses hypothetical case studies in simulation
exercises to illustrate trade policy decision-making and trade
agreement negotiations in a bilateral, plurilateral and
multilateral setting. This is the ideal introduction to
international trade policy formulation for students and
professionals in the areas of law, politics, economics and public
policy who are seeking to develop a global view of international
trade, gain insights into trade negotiations and understand the
motivations behind the policies and actions of governments
regarding international trade issues. This book is also the ideal
companion to any traditional legal casebook on international trade
or on international economic law.
"Gerald Berk's Alternative Tracks is a lean but provocative,
timely, insightful, and forcefully written challenge to the
conventional wisdom about industrial America's political economy".
-- Review of Politics At the heart of Alternative Tracks is the
historical relationship between democracy. and the modern
corporation. Gerald Berk uses the case of the railroad industry to
show that industrial centralization and corporate hierarchy did not
follow a course solely determined by the efficiency imperatives of
modern technology. Rather, collective choice and the state had
lasting influence on the development of corporate capitalism.
Moreover, the role of government depended less on the exercise of
interest-group or class power than it did on the protracted
struggle over constitutional norms of fairness and justice relating
to corporation and the market. Mediated through the court,
Congress, and the bureaucracy, this struggle had profound effects
on the organization of railroads, the pattern of urbanization, and
the practice of business regulation. "A very impressive work
...Offers the reader real insight into the technical factors and
financial arrangements involved in the development of American
railroads". -- Perspectives on Political Science "Berk has offered
some powerful questions for future scholars to keep in mind, and no
student of railroad history or the history of business can afford
to overlook this book". -- American Historical Review "An ambitious
effort to make sense of how the modern American state was
fashioned". -- American Political Science Review
Written with the busy practitioner in mind, this concise and
insightful book sets out the principles that guide the courts in
interpreting contracts. Each principle is covered in its own
dedicated chapter, supported by case law which illustrates how the
principle works in practice and in its wider context. In addition
to interpretation of contracts, the book also considers the
implication of terms, rectification, and estoppel by convention.
This new edition considers the implications of key decisions of the
Supreme Court in Arnold v Britton and Marks & Spencer v BNP
Paribas, and BNY Mellon v LBG Capital. Other writing, including
from judges writing extra-judicially, is also analysed. This book
provides an invaluable reference for lawyers drafting, interpreting
and litigating on contracts.
Illegality in Marine Insurance Law is the first book to deal
specifically with illegality in the context of marine insurance
law. Previously, this issue has only ever been partially covered
within analysis and criticism of Section 41 of the Marine Insurance
Act 1906 and warranties. However, Dr Wang Feng goes much further
than this by considering its impact on the common law relevant to
marine insurance in many jurisdictions worldwide. The book
addresses whether the existing law represents an accurate
codification of the former authorities and whether Section 41 truly
reflects existing legal principles. As well as this, the book
examines how correctly to approach illegality within the context of
marine insurance, considering the fundamental changes to the rule
of breach of warranty introduced by the Insurance Act 2015. Of
interest to academic researchers and practitioners in common law
and civil law jurisdictions, this book provides rigorous analysis
of the illegality issue and a conceptual approach for various
approaches to reform marine insurance law. It is a unique and
comprehensive guide to illegality in marine insurance law.
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