This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''

Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

From our daily practice as scholars, consultants and entrepreneurs we know how critical it is to make the right decisions that can shape the future of a company. One of the earliest of such decisions is surely the selection of the appropriate legal form as it is hardly reversible and has major implications on the running business. Accordingly, we can nd a wealth of information about the pros and cons of speci c legal forms. However, so far there is only scarce information available once you decide to enter a foreign market. There are offerings, e.g. from the Chambers of Commerce and you can search the Internet. When information is provided in the local language, comprehension becomes dif cult. Furthermore, the material that is available today only seldom allows for a structured analysis and comparison of legal forms in different countries. From discussions with entrepreneurs we know that this situation has not only been cumbersome for us, but actually everybody who is thinking about starting up a business or widening the operations across country borders is faced with the complex task of deciding on a legal form.

This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

Sie sind Konstrukteur, Entwicklungsingenieur oder Erfinder? Sie beherrschen die Technik, haben aber keine Zeit, sich m hsam wichtige, aktuelle Informationen zu erarbeiten? Dann lesen Sie in dieser "ballastfreien" Anleitung nach: ganzheitlich und systematisch - von der Aufgabenstellung bis hin zur Patentverwertung. Mit wertvollen Tipps und Tricks aus der Praxis. Plus: Fachtexte; die Nutzung elektronischer Informationssysteme mit konkretem Anwendungsbeispiel. Neu in der 3. aktualisierten, erweiterten Auflage: Innovationsstrategien und beratung, Patentverwertung. Im deutlich erweiterten Anhang: n tzliche Adressen, Links, Literaturverzeichnis.

In Blockchain Regulation and Governance in Europe, Michele Finck examines the relationship between blockchain technology and EU law and introduces the theme of blockchain governance. The book provides a general introduction to blockchains as both a regulatable and a regulatory technology and outlines the interaction between distributed ledger technology and specific areas of EU law, such as the General Data Protection Regulation. It should be read by anyone interested in EU law, the relationship between law, innovation and technology, and technology governance.

Transfer Pricing and Valuation in Corporate Taxation analyzes the disparities between both federal statutes and regulations, and r- ulations and administrative practice, in a highly controversial area of corporate tax policy: intra-company transfer pricing for tax p- poses. It addresses issues that often mean millions of dollars to in- vidual corporations, and a significant fraction of the federal gove- ment's revenue base. These disparities between law, regulations, and administrative practice are concerning on a number of grounds. First, they - pose considerable economic costs by inducing corporations to engage in a variety of "rent-seeking" activities designed to reduce their - pected tax liabilities, and by requiring the IRS to devote still more to enforcement efforts that are very often futile. Second, they are in- ; herently undemocratic. Administrative practice is currently ad hoc by relying on dispute resolution procedures that can and do yield very different settlements on disputed tax issues from one case to another, the IRS often ends up treating similarly situated cor- rations very differently. Moreover, to the extent that the disp- ity between statute and implementation reflects the IRS's failure to carry out Congress' will, the laws passed by duly elected officials are effectively being superseded by administrative procedure, developed incrementally by individuals who are not answerable to an electorate.

This book presents a novel framework to reconceptualize Internet governance and better manage cyber attacks. Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

Das Buch stellt die Moeglichkeiten der Sanierung geschlossener Publikumsfondsgesellschaften im Einklang mit der bisherigen Rechtsprechung auf ein gesichertes rechtliches Fundament und berucksichtigt dabei auch das 2013 in Kraft getretene Kapitalanlagegesetzbuch (KAGB). Der Autor analysiert die wirtschaftlichen Besonderheiten geschlossener Fonds und merkt an, dass die Zufuhr von frischem Eigenkapital durch neue Einlagen oder Ruckforderung von Ausschuttungen von zentraler Bedeutung sind. Entscheidend ist dabei die Frage nach den Moeglichkeiten und Grenzen von Mehrheitsbeschlussen in der Fondsgesellschaft. Der Autor uberpruft daruber hinaus neue Werkzeuge - insb. das Insolvenzplanverfahren (seit ESUG) sowie die sog. Sanierungsplattformen - auf ihre Tauglichkeit fur geschlossene Fonds.

This book examines the legal nature and requirements of compliance in letter of credit transactions in Anglo-American jurisdictions, as well as the associated contract choice of law issues. It gives an authoritative exposition of the mechanics of the law on the problem of compliance in the field, and is the first to afford a comprehensive, highly analytical critique of the topic from the point of view of modern international banking practice. In a user-friendly style, it provides an in-depth elucidation of the context of the key roles of individual parties during the course of the transactions, aiding a thorough understanding of the legal problems covered. Structured in four parts, it covers the opening of a complying letter of credit; the regularity of performance under a properly opened letter of credit; ways in which an unreimbursed bank may recover money it mistakenly paid against a faulty presentation; and the conflict of laws problems involved in the context of a beneficiary claiming entitlement to the sum on the credit against an allegedly complying tender of documents. In the conflict of laws section substantial attention is given to the many difficult hurdles that the potential claimant often confronts, and explores the various methods and techniques available. An important aspect of the analysis in this part is ascertainment of the legal system which the courts at common law and under Rome I Regulation would apply to resolve a claim.

In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.

Die Autorin deckt Mangel des 89b HGB (Billigkeitsregelung) im europaischen Blickfeld auf und sucht nach Alternativen, die zu mehr Rechtssicherheit beitragen koennen. Hintergrund sind die uneinheitlichen rechtlichen Rahmenbedingungen auf europaischer und nationaler Ebene, die Auslegungsprobleme nach sich ziehen. Bei Vertragsbeendigung steht dem Handelsvertreter nach 89b HGB ein Anspruch auf angemessenen Ausgleich zu. Der Ausgleichsanspruch ist eine nicht durch Provisionszahlungen abgegoltene Vergutung fur Vorteile, die der Unternehmer aus den vermittelten Kundenbeziehungen nach Vertragsende zieht. Die Auslegung des 89b HGB wird massgeblich beeinflusst durch die EG-Richtlinie 86/653/EWG. Wahrend die 84 ff. HGB jedoch alle Vertreterarten erfassen, gilt die EG-Richtlinie nur fur Warenvertreter.

Arbitration clauses in international commercial contracts are often reused from existing contracts. By so doing, the parties choose to apply, for example, either ad hoc or institutional arbitration and the UNCITRAL, ICC, LCIA, SCC, Swiss or other arbitration rules without necessarily being aware of the consequences. Moreover, parties often assume that an arbitration clause has the effect of excluding any kind of interference from a court of law and of rendering any but the chosen law redundant. This book highlights the specific features of various forms of arbitration and enables lawyers to make informed choices when drafting arbitration clauses. Chapters explain the framework for arbitration, its relationship with national law, and the features of the main arbitration institutions in Europe. The book also highlights new trends in other parts of the world that may have repercussions on the theory of international arbitration.

Die Frage nach der Kontinuitat der Rechtsverhaltnisse beim Wechsel des Unternehmenstragers stellt das deutsche Handels- und Gesellschaftsrecht vor grosse Herausforderungen. Anknupfungspunkt hierfur ist die umstrittene ratio legis der 25 und 28 HGB. Die Diskussion zur sachgerechten Verteilung der Haftungsrisiken beim Unternehmenskauf verlauft hierzulande inzwischen in weitgehend ausgetretenen Pfaden, wobei der Grenzverlauf zwischen streng juristischer und rechtspolitischer Argumentation immer undeutlicher zu werden droht. Durch eine Beleuchtung der successor corporation liability im US-amerikanischen Recht lassen sich Impulse und Denkanstoesse fur die in Deutschland festgefahrene Diskussion finden. Die Darstellung des amerikanischen Rechts steht daher im Zentrum der Arbeit. Die hierbei gewonnenen Erkenntnisse sprechen gegen die Einfuhrung eines Konzepts der Haftungskontinuitat in Deutschland.

Theory and Practice of Corporate Governance explains how the real world of corporate governance works. It offers new definitions of governance and new conceptual models for investigating governance and corporate behaviour, based on both practical experience and academic investigation. In examining the historical development of corporate governance, it integrates issues of company law, regulatory practice and company administration with contemporary corporate governance policies and structures. An extensive range of international examples, both recent and historical, is used to compare theoretical explanations of governance behaviour with practical outcomes. This book will be particularly suitable for students taking an ICSA-accredited course - giving a necessary critical view on governance, law and regulation - and will also be suitable for accountancy courses. Through utilising new conceptual models, it will stimulate debate among both theorists and practitioners looking to develop their expertise.

Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.

This book brings together the 2010 output of the American Law Institute (ALI) project on World Trade Organization law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well-known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view and, if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law.

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

This innovative textbook examines commercial law and the social and political context in which it develops. Topical examples, such as funding for terrorism, demonstrate this fast-moving field's relevance to today's concerns. This wide-ranging subject is set within a clear structure, with part and chapter introductions setting out the student's course of study. Recommendations for further reading at the end of every chapter point the reader to important sources for advanced study and revision questions encourage understanding. The extensive coverage and detailed commentary has been extensively market tested to ensure that the contents are aligned with the needs of university courses in commercial law.

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.

Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society." Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.

Heinrich Caro (1834-1910) was the inventor of new chemical processes that in the two decades commencing in 1869 enabled BASF of Ludwigshafen, Germany, to take first place among manufacturers of synthetic dyestuffs. The cornerstones of Caro's success were his early training as calico (cotton) printer in Germany, and his employment at a chemical firm in Manchester, England. Caro was a creative research chemist, a highly knowledgeable patent specialist and expert witness, and a brilliant manager of science-based chemical technology. This first full-length scientific biography of Heinrich Caro delineates his role in the emergence of the industrial research laboratory, the forging of links between academic and industrial chemistry, and the development of modern patent law. Major chemical topics include the rise of classical organic chemistry, collaboration with Adolf Baeyer, artificial alizarin and indigo, aniline dyes, and other coal-tar products, particularly intermediates.