Multinational enterprises are becoming a dominant force in international business but surprisingly little has been written on the vital question of the legal issues surrounding their global operations.

Newly updated in paperback, Multinational Enterprises and the Law represents the only complete contemporary and interdisciplinary account of the various techniques used to regulate MNE's at national, regional and international levels. The coverage is comprehensive, authoritative and accessible using numerous case studies from both developed and developing stages to unite theory and current practice.

Split into three major sections the book deals with:

Part I - the conceptual background to MNE regulation.

Part II - a complete examination of the limits of national and regional jurisdiction in regulating MNEs, restrictions on entry and establishment, investment promotion, the impact of the WTO post-entry controls in the fields of tax, company law, antitrust and labour law.

Part III - the contribution of international law and organizations to the regulation of MNEs, including renegotiations and expropriation, ICSID, MIGA and bilateral investment treaties.

The author has skilfully identified the contributions that economics, politics and sociology can add to a full understanding of the legal environment in which the MNE operates.

There can be no doubt that the breadth and depth of the coverage in this book will make it the definitive reference for students, researchers and practitioners in international law, business law, development studies, international politics and international business.

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

This is the first book to present a sustained analysis and critique of arm's length based transfer pricing rules following the G20 / OECD Base Erosion and Profit Shifting (BEPS) project. The book considers the nature and scope of transfer pricing rules based on the arm's length principle starting with an explanation of how the rules were created and how they evolved over time. It provides how internationally accepted transfer pricing rules were applied immediately prior to the BEPS project, and describes the principal problems that had arisen with those rules. The issues highlighted include problems relating to the complexity of the rules, the use and availability of comparables, and, in particular, problems permitting avoidance and income shifting, including problems related to low tax entities with 'excessive capital'. Having described the pre-BEPS rules and inherent problems, the book goes on to examine the extent to which the work undertaken by the BEPs project provides a solid foundation for future transfer pricing determinations and the problems that remain after BEPS. It identifies those issues on which the BEPS output has been positive, and also those issues which BEPS has not successfully addressed and which remain problematic. This book is the most detailed and up-to-date publication on this highly topical and often controversial topic.

Die Erderwarmung schreitet stetig voran. Dennoch setzen die regierenden Politiker die langst erforderlichen Massnahmen nicht konsequent um. Daran haben auch millionenfache Proteste aus der Mitte der Gesellschaft nichts geandert. Doch ist die Zivilgesellschaft wirklich machtlos? Jochen Theurer erforscht in diesem essential eine interessante neue Handlungsoption fur die schnelle Einfuhrung effektiver Klimaschutzmassnahmen. Charmant, informativ und realistisch.

The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.

This is the second edition of the leading authority on the law of proprietary estoppel, which has been cited by courts across the common law world. It is a comprehensive and practically structured resource which offers guidance on managing proprietary estoppel cases. Relevant authorities are set out in a clear and accessible way, helping readers to make sense of a complex and rapidly developing area of law. Recent case-law discussed in the second edition, from England but also with updated reference to other common law jurisdictions, including new decisions of the top courts in each of Australia, Canada, and Singapore. Proprietary estoppel has come to particular prominence in recent years: it is frequently pleaded by litigants wishing to show that they have informally acquired an interest in land. As a result of its vigorous development by the courts, there is no comprehensive and uncontroversial definition of the doctrine. There is also much debate as to the relationship between proprietary estoppel and other doctrines, such as constructive trusts and unjust enrichment. A problem faced by anyone seeking to make, or respond to, a proprietary estoppel claim is that the law is to be found almost entirely in cases. This new edition of The Law of Proprietary Estoppel sets out a clear structure with which to understand the law and thus assists practitioners, academics, and others in navigating their way through the complex case-law on proprietary estoppel, and also in understanding its relationship with related doctrines, particularly other forms of estoppel. It has been fully updated with analysis of key recent cases in the farming and family context (eg Davies v Davies [2016] EWCA Civ 463, Moore v Moore [2018] EWCA Civ 2669, Habberfield v Habberfield [2019] EWCA Civ 890 and Guest v Guest [2020] EWCA Civ 387) and in the commercial context (eg Hoyl Group Ltd v Cromer Town Council [2015] EWCA Civ 782 and Farrar v Miller [2018] EWCA Civ 172), considering issues such as the requirements of a proprietary estoppel claim, the role of formalities, and the satisfaction of an estoppel equity.

The most complete, credible, and authentic business law text available, the Sixteenth Edition of SMITH & ROBERSON'S BUSINESS LAW by Richard A. Mann and Barry S. Roberts continues a long tradition of accuracy, thoroughness, and consistent coverage of the latest issues and emerging trends. This updated classic delivers a comprehensive, detailed presentation of business law that covers all topics included in the business law section of the certified public accountant (CPA) exam. In addition, this text covers the legal responsibilities and liabilities of accountants section and the corporate governance portion of business environment and concepts section of the CPA Exam. The cases--located at the end of each chapter--offer an excellent mix of landmark and current decisions and are edited to preserve a large portion of the language of the court. Proven, comprehensive, and completely up-to-date, this trusted and thorough text will challenge and engage your students--and ensure they leave your class with a solid understanding of modern business law.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.

This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all considered. The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.

From a technological standpoint, geography is largely irrelevant. Data flows through the internet without regard for political borders or territories. Services, communication, and interaction can occur online between persons who may be in different countries. Illegal activities, like hacking, cyberespionage, propagating terrorist propaganda, defamation, revenge porn, and illegal marketplaces may all be remotely targeted and accessed from various countries. As such, the internet has created an interesting and complex set of challenges for the concept of jurisdiction and conflicts of law. This title takes a comparative approach covering the EU, UK, US, Germany, and China. Broken into four parts, this book delves into the notion of jurisdiction as it relates to the internet. Part I focuses on the different meanings of the concept of jurisdiction, from a legal and historical perspective, and distinguishing between the different branches of government. It will highlight the challenges created by the internet, including social media and cloud computing. Part II analyses criminal jurisdiction, in regards to both jurisdictions in cybercrime cases and jurisdictional issues relating to criminal investigations (access to the cloud) and enforcement. Part III examines jurisdiction and applicable law in civil and commercial matters, such as e-commerce B2B and B2C contracts, torts typically occurring online, and online defamation and privacy infringement. Finally, Part IV looks at regulatory jurisdiction, examining the power of the executive (whether an arm of government or independent regulator) to apply and enforce national law. It will look at aspects like the provision of online audio-visual media services and online gambling services, both of which are heavily regulated, but which can be easily provided remotely from different jurisdictions. The book concludes by analysing how the concept of jurisdiction should be adapted to ensure the rule of law by nation states and prevent international conflicts between states. This title gives a comprehensive look at the complicated subject of internet jurisdiction, essential for all dealing with jurisdictions in the modern age.

Praise for previous edition: '... very comprehensive; very competent; and, what I think will be seen as its chief virtue ... very clear' - David Campbell, Law Quarterly Review 'I enjoyed...every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' - Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

Providing a scholarly analysis of how to govern and make the right kinds of laws for cyberspace, in this work, Professor Reed investigates the vast majority of cyberspace users who wish to act lawfully and asks whether the current state of law in cyberspace makes it possible for them to do so. If not, why not, and what is the cure?
In this book, Professor Reed puts forward a new model for cyberspace laws which focuses on human actions rather than the technology used. Arguing that, in cyberspace, law works primarily through voluntary obedience rather than fear of enforcement, Professor Reed explains his thoughtful and controversial new viewpoint as to how cyberspace laws should be devised and re-opens the debate as to the value of law for regulating cyberspace and how best to influence the behaviour of cyberspace actors. The only text to comprehensively analyse European cyberspace lawmaking, this book provides a new perspective to the debate about the proper shape and scope of internet laws.

The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.

By providing a private international law analysis of a field in which international conventions coexist with national law and regional law, this book offers different theoretical and methodological insights into the conflict of laws and the conflict of jurisdictions, aiming ultimately at the juridical continuity of legal relations across national borders. Central to the book is the jurisdictional function of arrest of ships. Forum arresti-the paradigmatic forum selection criterion in English and Scots law-has survived so far as a specific jurisdictional basis for maritime claims in the process of Europeanization of private international law. One of the main purposes of this book is to provide a theoretical framework within which forum arresti in the case of the arrest of ships gains legitimacy. It proposes a positive approach to jurisdictional issues through the lenses of international judicial co-operation and provides a theoretical justification for the triumph of forum arresti in the international maritime context where traditionally this has been justified by historical and practical reasons. Considering the the topic in the context of the Europeanization of private international law and the Brussels I Regulation, this book includes valuable insight into theories of characterisation as applied to uniform provisions such as the International Arrest Conventions, and challenges the indistinctive characterisation of the arrest of ships as an inherent part of the action in rem in English law. This is a scholarly analysis offering an expert perspective on the arrest of ships in the international commercial sphere to draw conclusions on the advancement of further harmonisation in this field. Through its focus on English and Scots law in the light of international conventions, this book provides a framework which will give practical answers to the many complex private international law issues that arise in relation to the arrest of ships.

This book examines tax incentives for investors in start-up companies through a critical analysis of Australia's early-stage investors (ESI) program, and a comparison of that program with the United Kingdom's Seed Enterprise Investment Scheme (SEIS) upon which it is loosely modelled. It discusses the importance of innovation and the special role that venture capital plays in supporting start-ups, and explains the policy rationale for introducing the ESI program as well as dissecting its technical requirements in detail. Special attention is devoted to the program's 'early stage' and 'innovation' requirements, which are crucial for determining whether a start-up qualifies for the tax incentives. The book is the first in-depth scholarly legal analysis of the ESI program and the first occasion it has been compared and contrasted with a foreign program. The comparative discussion of the ESI program with the SEIS program enables the authors to make suggestions for reforms to the ESI program so that it can better achieve its policy objectives. The fact that the book includes reform suggestions makes it particularly interesting for policy makers. It is also of broad relevance to legal and finance scholars and students as well as entrepreneurs, angels, venture capitalists and their advisors.

Taglich muss jeder von uns verhandeln. Dabei macht es einen Unterschied, ob Manner oder Frauen dies tun. So neigen Frauen dazu, sich mit schlechteren Ergebnissen zufrieden zu geben als Manner. Nach der Forschung lasst sich das mit dem gesellschaftlichen Rollenbild erklaren. Wenn Frauen in Konflikten "tough" auftreten, furchten sie, ihrem Rollenbild nicht zu entsprechen und negative Gegenreaktionen - zum Beispiel in Form von Sympathieverlust - hervorzurufen (so genannter Backlash-Effekt). Welchen Ausweg gibt es? Dieser Frage geht die genderspezifische Verhandlungsforschung nach. Die Forschungsergebnisse werden in dem vorliegenden essential so vorgestellt, dass sie von jeder Leserin in einer Verhandlungssituation genutzt werden koennen. Die Autorin Dr. Julia Sophia Habbe ist spezialisiert auf Konfliktloesung, Prozessfuhrung sowie interne Untersuchungen. Sie ist Partnerin einer internationalen Wirtschaftskanzlei in Frankfurt am Main und Lehrbeauftragte der Johann Wolfgang Goethe-Universitat im Bereich genderspezifische Verhandlungsfuhrung.

This rich compendium brings together selected key essays on the fundamental concepts and policy issues of English domestic commercial law by Professor Sir Roy Goode QC. Professor Goode is one of the most influential commercial law scholars of the last half-century and his works, which include deep analysis of previously unexplored issues, are characterized by an ability to express the most complex ideas in language of crystal clarity. The essays are grouped thematically into sections, each accompanied by an introduction from the author which sets the essays in their historical and modern context. This valuable authorial insight illuminates the way the law has developed since, and often as a result of, the publication of the papers. Further new material, written especially for this volume, includes a new essay 'Res Cogitans: Food for Thought'. Spanning a career of over fifty years, these innovative and forward-thinking essays broke new ground at the time of their orginal publication and continue to influence decisions and legal thinking to this day, both in the UK and abroad.

This work gives a practical overview of the legal aspects of the Free Movement of Goods and the working of the Customs Union within the European Union and their interpretation and application by the Court of Justice of the European Communities. The essential purpose of the free movement of goods and customs provisions of the EC Treaty is to contribute to the establishment of a common market that will ensure, among other things, free trade in goods between member states. The free movement of goods is the primary pillar on which the internal market within the European Community - the heart of the EU - is based.
This book analyzes the operation of the customs union, with detailed treatment of the Community Customs Code and its implementing and associated measures. It also discusses the elimination of customs duties and charges having equivalent effect, and the elimination of quantitative restrictions and measures having equivalent effect in trade between Member States. It concludes with coverage of state monopolies of a commercial character, and the nuclear common market.
It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who do not subscribe to the looseleaf.

Die Eigenverwaltung stellt einen Modus des Insolvenzverfahrens dar, bei dem der Schuldner berechtigt ist, die Insolvenzmasse unter der Aufsicht eines Sachwalters selbstandig zu verwalten. Dieses Buch untersucht die Dogmatik der Eigenverwaltung anhand der Begrundung und Durchsetzung von Masseverbindlichkeiten. Dazu stellt der Autor zunachst die Eckpunkte der Eigenverwaltung dar, um anschliessend die Funktionen des Schuldners, seiner geschaftsleitenden Organe und des Sachwalters einzuordnen. Auf dieser Grundlage werden im weiteren Verlauf des Buches zahlreiche praxisrelevante Rechtsfragen eroertert. Insbesondere geht der Autor auf das Urteil des Bundesgerichtshofs vom 26.4.2018 - Az. IX ZR 238/17 - zur Haftung der geschaftsleitenden Organe des Schuldners ein.