This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

International Space Law and Space Laws of the United States provides helpful practice tips for representing clients and doing business in today's commercial space industry, as well as important coverage of the essentials for students of Space Law. Each chapter explores a nuanced space law issue and concludes with review questions. Written by two Georgetown Space Law professors who are also Space Law practitioners, with more than 50 years of combined expertise having worked as legal counsel for NASA, in the halls of Congress and in the Executive Branch, this book explains complex regulations in approachable language and is thoroughly annotated. This work is valuable for students of Space Law as well as practitioners. It will serve as a handy desk reference for years to come.

This thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of "in/formalisation" and "glocalisation". Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context. Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration. This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.

This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

This discerning book examines good governance developments in the US and the UK, with a focus on anti-bribery efforts, recognising that with each new major case of corporate malfeasance the parameters of directors' duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O'Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores the systemic expectations that directors, executive officers and compliance personnel in public and private companies are subject to, as well as key accountability mechanisms and enforcement actions. Analysing the effectiveness of current law and best practice recommendations, the author's key finding is that directors need to add value to the business while also upholding higher societal, and ethical, values if they wish to meet today's ever evolving standards of corporate stewardship. Highlighting the role of directors and boards as corporate monitors, this thought-provoking book will be a key resource for international lawyers and practitioners working in corporate law and business law, in-house corporate counsel, corporate decision makers within the US, UK and globally, as well as for international investors.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive practical and theoretical knowledge of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe. With contributions from more than 40 insolvency law experts, this book provides extensive coverage of executory contracts, encompassing both developed and developing countries, and drawing on not only so-called common and civil law systems, but also, countries with hybrid systems of law. The book explores ipso facto clauses, improvements that could be made, as well as casting light on procedural and tactical issues and considerations when attempting to address executory contracts in the different jurisdictions. Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross border perspective on the subject, as well as for academics and researchers pursuing a study of the topic. It will also benefit policy makers and institutions seeking to introduce insolvency law reforms in their home countries. Contributors include: S. Abel, V. Buttafuoco, J. Carles Delgado, C. Chamorro-Courtland, J. Chuah, J. Chun, C. Cuesta, R. de Weijs, I. Dube, J. Garasic, K. Gasparke, G. Georgiev, E. Ghio, R. Guidotti, F. Heemann, C. Kacar, P. Keinert, F. Kernbichler, B.U. Khan, D. Konstantinov, L.H. Langkjaer, J.M. Lezcano Navarro, Y. Long, M. Mannan, C. Marumoagae, H.J. Miguens, A. Nocilla, L. Panestos, S. Petrovic, A. Plevri, M. Rahman, R. Righi, M.E. Saavedra, M.I. Saez, G. Shkurtaj, S.L. Steele, E. Streten, J. Tuomisto, E. Vaccari, M. Verdonk, B. Wang, J. Winters, C.H. Zattera, K. Zdolsek

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority. Key features include: a unique contextualisation of the Directive, situating it against the backdrop of earlier European initiatives identification of important parallels with the UK scheme of arrangement and the new UK restructuring plan procedure embodied in the Corporate Insolvency and Governance Act 2020 a comparison of the Directive with Chapter 11 of the US Bankruptcy Code, the United Nations Commission on International Trade Law legislative guide on insolvency, and the World Bank's Insolvency and Creditor Rights and Doing Business projects. This important new book provides a detailed and practical analysis of the Directive and the implications for its transposition into national laws, making it an essential work for insolvency lawyers and practitioners, as well as EU policy makers. It will also be critical reading for academics and students of law, particularly those interested in commercial, insolvency, corporate and European law.

This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world. Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area. Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.

Now in its 9th Edition this proven textbook provides a comprehensive yet concise introduction to Business Law, including Contract Law, Tort Law, Commercial Law and Employment Law. The aim is to explain Business Law in a straightforward and accessible way. Business Law 9e is fully up to date and includes coverage of the most recent legislation concerning corporate manslaughter, compensation, equality, flexible working and misleading marketing. The Companies Act 2006 is given full and comprehensive coverage. Recent European legislation on unfair business practices, equal treatment and consumer protection is included. Current case law is thoroughly reviewed and throughout the text hundreds of cases are referenced and described. Business Law 9e is ideal for use on undergraduate Business Law modules taken by business studies, accounting, marketing, design and technology, health studies and food science and other non-law students. It covers the business law syllabus requirements of many professional and examination bodies such as the Chartered Institute of Management Accountants, the Association of Chartered Certified Accountants, the Institute of Chartered Secretaries and Administrators and the Institute of Personnel Development. It is also suitable for the GNVQ Business Law option.

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by leading scholar Paul Todd, this Advanced Introduction draws on the author's decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law. Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.

Acclaim for the first edition:'Recommended to everyone, for students because of the clear and self-explanatory text and for experienced lawyers because of the sharp focus on the main principles of contract law.' - Eric Tjong Tjin Tai, Tilburg University, the Netherlands 'A crystal clear expose of a difficult topic.' - Ewoud Hondius, Utrecht University, the Netherlands Reflecting the most recent changes in the law, the second edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits approaches contract law on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include consideration of the 2016 reform of the law of obligations in France and the 2015 UK Consumer Rights Act, as well as substantial new coverage of work on contracts and third parties. Key features: introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law focuses on legal method as well as substantive law attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information With its innovative approach and engaging design this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions throughout Europe and beyond.

This indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage. Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime. Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.

Presenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whist also protecting society's right to safe and effective medication. Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in depth political and legal analysis of the industry. James Hou suggests methods by which the Chinese legal system can seek to improve its governance of pharmaceutical patents and balance the conflicts of interest arising between new drug developers, established drug manufacturers and the end users. Featuring comprehensive coverage of patents in the Chinese pharmaceutical industry, this book will be a key resource for scholars and students of commercial, pharmaceutical and intellectual property law, whilst also being of interest to industry talents discovering the potential of their own innovations.

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests. Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests. Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.

This introductory-level textbook provides a clear and concise overview of commercial law for undergraduate law students. Covering all the key areas of law that may be included in a commercial law module, including agency, sale of goods, bailments, carriage of goods, commercial financing, and conflict of laws, it also introduces relevant elements of related fields such as banking and insolvency law and touches on emerging issues such as cryptocurrencies. Key Features: Accessible and conversational prose A tight focus on core knowledge with manageable levels of detail Important concepts, cases and legislation are highlighted for ease of reference Student-friendly layout with key lessons and learning objectives clearly identified Principles of Commercial Law is perfectly suited to law students studying undergraduate commercial law modules in their second or third years. It will also be beneficial as an accessible introductory text on higher level courses for students who are newer to the topic.

The Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.

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The financial crisis, which spanned 2007 and 2008, may have occurred ten years ago but the resulting regulatory implications are yet to be implemented. This book isolates the occurrences of the derivatives market, which were implied as the core accelerator and enabler of the global financial crisis. Offering a holistic approach to post-crisis derivatives regulation, this book provides insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the effects that post-crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. Alexandra G. Balmer offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post-crisis reforms. Comprehensive and astute, this book will provide legal and financial scholars, academics and lawyers with much food for thought. National supervisors and regulators will also benefit from an understanding of general market risks and factors affecting exposure to such risks.