To date, there have been few theoretical inquiries into the relationship between the basic objectives of consumer protection laws and technological innovation. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets; contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.

The Law Express series is designed to help you revise effectively. This book is your guide to understanding essential concepts, remembering and applying key legislation and making your answers stand out!

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

This is the first comprehensive review of the extent of remedies and impact of contractual agreements on restitution claims for void, unenforceable, and discharged contracts.

This text reviews and analyzes how all parties to the construction process, from specialist sub-contractors and main contractors, to developers and funders and their respective lawyers, have adapted to the changes in the construction industry. There is advice on claims practice and tactics, how to minimize the finacial risks of pursuing a claim and what the courts or arbitrators expect both parties to have done to resolve the dispute.

For the benefits offered by outsourcing and offshoring, organisations outsourcing to India must however recognise that there are real risks involved, and allocating such risk through a well constructed contract is a crucial step in minimizing such risk. As is the case with respect to any material agreement, the structure of an outsourcing agreement is important because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties' relationship.

When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law.

Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.

This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law. Specific to this book: * Explains the ICSID practice clearly and concisely * Useful in practical terms Excerpts from a review: 'Fair and Equitable Treatment and the Fabric of General Principles' is an original and well researched book, in which the author challenges a number of conventional wisdoms on FET.Among the strengths of the book one can mention the solid discussion of public international law principles relevant to FET and the interesting incursions into domestic law legal systems which play an important role in the understanding of FET components such as due process, legitimate expectations or proportionality. In particular the section on promises provides a convincing analysis of the issues that arise when the administration makes an assurance or representation to an investor. Against the backdrop of the examination of unilateral acts under public international law, Palombino's analysis sheds new light on what ought to be the proper scope of protection under the legitimate expectations doctrine in case of governmental promises, clarifying a number of points which have received insufficient attention by arbitral tribunals thus far. - Michele Potesta, Attorney with Levy Kaufmann-Kohler, Geneva; Senior Researcher, Geneva Center for International Dispute Settlement (CIDS) book review in International and Comparative Law Quarterly, (2018) 67(4), 1036-1037. For the full review, see: https://doi.org/10.1017/S0020589318000246

This book presents an evaluation of recent legislative initiatives against unsolicited commercial e-mail (spam) in the European Union. The authors provide an analysis of the meaning and interpretation of the relevant new regulatory regime in the EU. They address international aspects of the fight against spam (intra-European activities and supranational policies), the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. Their conclusions and recommendations provide directions, both in terms of further research as well as in terms of practical policy measures. This book is therefore highly recommended for academics as well as policy-makers and practitioners in the field of IT and law. Lodewijk F. Asscher is a researcher at the Institute for Information Law, University of Amsterdam and a local authority councillor for the City of Amsterdam. He prepared the present book in co-operation with Sjo Anne Hoogcarspel, Attorney at Law with Freshfields Bruckhaus Deringer, Amsterdam, The Netherlands. This is Volume 10 in the Information Technology and Law (IT&Law) Series

This book consists of a careful analysis of the comparative advertising directive, giving background both to the regulation of comparative advertising in the United Kingdom and Germany and to the passing of the directive. It will bring to a UK reader the latest in thinking on comparative advertising from Germany, where the directive has been the subject of very extensive recent debate. The book also has four appendices in which UK, German and European material is given (all in English). The directive applies to any advertisement (or indeed any representation of any kind made to promote goods or services) that explicitly or implicitly identifies a competitor. It therefore has the potential to regulate such claims as "the best bookseller in Oxford" and could have a dramatic effect on UK advertising practice. It is an important first step in the Commission's programme of unfair competition harmonisation.

The book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.

A simple, practical guide to help not-for-profit organizations lobby local, state, and federal legislative bodies

Only a fraction of not-for-profit organizations take advantage of the legislative process in representing their members and their organization’s goals. Yet lobbying is an important way to gain visibility, attract members, and find new sources of funding. This book is designed to help the modern not-for-profit develop and implement an effective lobbying program without jeopardizing its tax-exempt status. Dr. Pidgeon and the contributers he has assembled provide in-depth analysis of all the major issues of the lobbying process, including:

• The basics of lobbying
• The structure of local, state, and federal government
• Using the mass media to spread the message
• Political action committees (PACs)
• Marketing and communication strategies
• Strategic partnerships
• The legal aspects of government affairs and lobbying
• When and how to use outside consultants
• A strategic, step-by-step plan for success

A CD-ROM with a wide-ranging array of tables, forms, and checklists as well as a complete model strategic plan is included. When used in conjunction with the CD-ROM, The Legislative Labyrinth is a comprehensive guide that explains and simplifies the process of developing and maintaining an effective, efficient government affairs program. This wealth of wise and insightful advice will help executive directors, board members, consultants, and lobbyists find creative, effective ways to earn the attention their organizations deserve.

Are U.S. advertising laws ruining competition? Are they helping or hurting consumers? These questions are answered in the first book ever published to present a comprehensive public policy analysis of advertising law. Using insights from communications theory and economic analysis, Professor Petty analyzes all of the recent reported cases under the principal advertising laws. He examines their tendency to discourage beneficial advertising such as explicit comparisons, and analyzes their potential for protecting consumers from significant injury caused by deceptive advertising.

The book begins with an innovative analysis of the Constitutional protection afforded advertising under the First Amendment. Petty proposes a simple test for determining whether particular advertising is fully or partially protected by the First Amendment. This novel analysis continues with an overview of advertising law from an evolutionary perspective and social science perspectives on how advertising works. The bulk of the book examines cases under the Lanham and Federal Trade Commission acts, as well as advertising as regulated by the antitrust laws and the U.S. International Trade Commission.

This book looks at the question of extending the reach of the Brussels Ia Regulation. The Regulation, the centerpiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation and its extension has long been anticipated. This examination looks at its extending to apply to defendants not domiciled in a Member State. It asks whether that extension can be justified when compared to the domestic rules of each Member State. It critically assesses the question, based on the findings of national reports. It then looks at the question from the EU perspective, the perspective of signatories to the Lugano Convention (for eg EFTA) and the wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

How does the 'on-line' world relate to the 'off-line' world? Is it different, separate, or even unique compared to the off-line world, or just a part thereof? And when do we need to regulate it, and how? These have become important, but complex questions for legislators, policy-makers, regulators, and politicians who design regulatory frameworks to address fast-moving technologies that change society in intricate ways. Over the course of time, governments and international organizations have developed regulatory 'starting points', in order to consistently and effectively deal with ICT and Internet regulation. These offer policy one-liners such as 'what holds off-line, must hold on-line' and 'regulation should be technology-neutral'. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation. It digs deeper than existing literature in trying to find out in which cases the starting points merit attention, and how we should really use them. This volume is the product of close collaboration and debate between scholars working at the Tilburg Institute for Law, Technology, and Society (TILT), to which international colleagues have added valuable reactions and reflections. The contributions in this volume have been written by TILT researchers Simone van der Hof, Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins, Maurice Schellekens. and Kees Stuurman, and by guest authors Dan Burk (University of Minnesota), Herbert Burkert (University of St. Gallen), and Yves Poullet (Facultes universitaires Notre-Dame de la Paix, Namur). This is Volume 9 in the Information Technology and Law (IT&Law) Series

Winner of the 2016-2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

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.

In recent years there have been many changes in business p ractices, technology, legislation, and international trade, particularly within Europe. These changes have had an im pact on both the legal principles and the practices of the business community. Consequently these changes have been reflected in the syllabuses of the major professional bodi es and degree courses. This book examines these legal dev elopments and offers an accessible and comprehensive text for both professional students and undergraduates studying business law.

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.

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation, while part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France, and Switzerland, as representative of the common law system on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitral tribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.