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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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.
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.
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.
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.
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.
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.
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.
Questions of agency regularly arise in the work of commercial practitioners. Agency: Law and Principles addresses these questions by offering clear and accessible analysis of the principles of agency law, as well as detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Forensic analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. Areas discussed include actual and apparent authority of an agent, agency of necessity, want of authority and ratification looking at the legal relations between principal and agent, and between third party as well as the relations between agent and third party, sub-agency and termination of agency. This fourth edition has been updated to include all significant new case law and legislation, while also considering the impact on the principles of agency law. The implications of the European Withdrawal Act (2018) regarding English Couts' interpretation of the Commercial Agents (Council Directive) Regulations 1993 are considered. Case law on the Regulations is covered as part of this analysis including Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd (2019). The disputed decision in East Asia Company Ltd V PT Satria Tirtatama Energinde (2019) is analysed in the coverage of agents' apparent authority. The distinction between agents, employees and independent contractors with regards to vicarious liability, as exemplified in three Supreme Court decisions, Various Claimants v Catholic Child Welfare Society (2012), WM Morrison Supermarkets Plc v Various Claimants (2020) and Barclays Bank v Various Claimants (2020), is fully explained.
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?
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.
In recent years, financial engineering has developed new ways of financing deals based primarily on the capacity of the operations to generate sufficient cash for the repayment of loans or bonds. The business of structured finance has then become an interesting business area for non-financial companies, investment and commercial banks and consultants. In terms of volumes, it shows figures easily comparable to other, more traditional, sources of funding. This book provides the reader with an analysis of the characteristics of structured finance deals asset-backed securitization, project finance, structured leasing and leveraged acquisitions together with updated data on the current state of the international financial markets for these operations."
Das aktienrechtliche Beschlussmangelrecht ist seit Jahren heftiger Kritik ausgesetzt. Die Autorin greift diese Kritik auf und befasst sich mit der Frage, ob und wie die Nichtigkeitsgrunde des 241 AktG reformiert werden sollten. Der Untersuchungsansatz der Autorin basiert auf einer Beleuchtung der Nichtigkeitsgrunde aus drei Perspektiven. Neben der Historie der Nichtigkeitsgrunde eruiert die Autorin die Nichtigkeitsgrunde de lege lata auf ihre Funktion und Konsistenz und stellt die Konsequenzen einer Abschaffung der Nichtigkeitskategorie dar. Mit dem klaren Verdikt einer Daseinsberechtigung der ex lege eintretenden Nichtigkeit befasst sich die Autorin mit bestehenden Reformansatzen und prasentiert anschliessend basierend auf den gewonnenen Erkenntnissen einen eigenen Reformvorschlag zur kunftigen Ausgestaltung der Nichtigkeitsgrunde im Aktienrecht.
A freshly provocative look at the nexus linking EU security, trans-Turkey energy supply routes to Europe and Turkey's EU membership negotiations, this book argues that Europe's collective energy security prospects have become increasingly tied to Turkey's progress towards joining the EU.
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Risk behaviour and risk management in business life influence a wide range of fields in which only a very limited amount of research has been undertaken. These topics have often been treated as if they were theoretically and practically isolated from other fields, the so called risk archipelago problem. What is actually needed is another focus, in which the problem of risk is treated as a central theme. The demand for interdisciplinary research means that there is a need for crossing scientific boundaries. In approaching risk problems from a holistic perspective there is also a parallel need for linking the scientific and the business worlds. Researchers must work closely together in concrete multidisciplinary research projects and in co-operation with the industrial world in seeking out and solving research problems of importance. This book contains selected and re-written papers, and key-note speeches presented in a risk-seminar that Stockholm University organised in June 1997. The seminar, in which 200 researchers and practitioners from 26 countries participated, was divided into four main topic areas: Risk Assessment and Credit Management, Psychology in Business Life, Risk Management in Small Firms and Law and Business Risk. In writing this book, the editor invited eight professors from four continents to assist him in introducing the reader to the different and scientific disciplines and in explaining the need for interdisciplinary, multidisciplinary and cross-disciplinary risk research projects. The book consists of eight chapters and the target groups are researchers, doctoral and master students at universities and business people working in the risk management area.
A practical guide to best and worst practices for family businesses - from drawing up incorporation documents to succession planning to selling the business. The book also includes examples from actual court cases and presents these lessons in an accessible manner. Sample legal agreements are included which help to avoid some of the major risks to the family business.
The typical British publicly traded company has widely dispersed
share ownership and is run by professionally trained managers who
collectively own an insufficiently large percentage of shares to
dictate the outcome when shareholders vote. This separation of
ownership and control has not only dictated the tenor of corporate
governance debate in Britain but serves to distinguish the UK from
most other countries. Existing theories fail to account adequately
for arrangements in the UK. Corporate Ownership and Control
accordingly seeks to explain why ownership became divorced from
control in major British companies.
This updating supplement brings the Main Work The Rome II Regulation up to date and incorporates substantive developments since publication of the book in December 2008. In particular it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009. It is an essential purchase for all who already own the Main Work, and maintains its currency.
Assets of community value are buildings or other land nominated under the Localism Act 2011 by a voluntary or community body with a local connection and listed by the local authority because their use is considered to further the social wellbeing or social interests of the local community. They are given a number of different forms of protection. This book provides guidance on the interpretation and application of the relevant provisions. It sets out both legal and practical guidance, drawing together in one place the relevant principles from the Act, the accompanying Regulations, other primary and secondary legislation, Government guidance, the case law and elsewhere. It provides assistance to a number of different groups: to those who wish to nominate a building or other land for listing as an asset of community value, to landowners who may wish to resist the listing of their property, to local authorities who have to determine the nomination and resolve any disputes, and to the professionals who advise them. The first book to deal in detail with this area, Assets of Community Value: Law and Practice: * offers in-depth guidance, saving much time-consuming research * deals rigorously with the relevant legal principles, drawing on other areas of law to offer suggested answers to many unresolved questions * provides practical guidance, firmly rooted in legal principle, for how to deal with many of the issues which arise, some of which involve difficult points of law and interpretation * addresses in detail the ever-increasing case law of the First-tier Tribunal and Upper Tribunal in this area. |
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