Drafted in plain language, the International Trade Terms (Intraterms) are a set of standard terms for the sale of goods. They are divided into five chapters dealing with contracts in general, international sale of goods, transportation of sold goods, abbreviated terms, and resolution of disputes. In

Traditionally, tapping into the power of competitive intelligence (CI) meant investing in the development of an internal CI unit or hiring outside consultants who specialized in CI. "Proactive Intelligence: The Successful Executive's Guide to Intelligence" offers an alternative: learn how to do it yourself and how to effectively manage the parts you cannot. The tools and techniques that will enable you to produce your own CI for your consumption are out there, and have been honed by decades of work. But, you cannot just adopt them - you have to adapt them.

Why? Because, when you finish reading this book, you will be the data collector, the analyst, and the end-user. Traditional CI is premised on a reactive, two part relationship - a CI professional responding to what an end-user identifies as a need; by doing this yourself you can turn CI from being reactive to being proactive. As the decision-maker, you can get what CI you need, when you need it, and then use it almost seamlessly. Written by two of the foremost experts on CI, Proactive "Intelligence: The Successful Executive's Guide to Intelligence"

shows where and how CI can help you and your firm,

provides practical guidance on how to identify what CI you need, how to find the data you need, and how to analyze it, and

discusses how to apply CI to develop competitive- and career- advantages.

Each chapter is supported by important references as well as by an additional list of resources to support and supplement your knowledge. "Proactive Intelligence: The Successful Executive's Guide to Intelligence" teaches you how to generate proactive intelligence and use it to advance your business and your career- making it an essential resource for managers and executives, as well as everyonewho wishes to integrate CI into their daily work routine."

Lawyer, arbitrator, negotiator, educator, drafter, rapporteur - for 60 years Pieter Sanders has been in the eye of the storm as during this period arbitration grew into the world's preferred method for the resolution of commercial disputes. Drawing on his experiences, this book presents arguments and recommendations for: the main issues which may arise in any arbitration; a revision of the UNCITRAL model law; a harmonization of Rules on Conciliation and drafting a Model Law on Conciliation; and refining Codes of Ethics and Codes of Taking Evidence to strengthen bridges between cultural differences.

This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term. This Second Edition has been fully revised and updated to cover recent developments in the law. Key features include: full analytical treatment of featured cases and evaluation of recent case law in relation to use of implied terms analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 useful synoptic tables showing how these changes map across the different categories within the CRA and between the CRA and pre-existing legislation extended discussion of statutory implied terms in services contracts detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer. This book will be an invaluable resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law.

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

Development in an Era of Capital Control investigates Corporate Social Responsibility (CSR), a 21st century buzz word. Centred around the responsibility of business to give back to society, this idea is a departure from the traditional view that the responsibility of business is to make a profit. Instead, it supposes that business, society and government can unite to enhance the quality of life in the community in which the business operates. This book works from the premise that whereas CSR could assist in developing communities, the quality and value of this contribution is constrained by pre-existing inequalities in the global system, which themselves can be traced to states' histories and furthered by globalisation. Ciara Hackett shows that while the concept of CSR was designed for an environment where all states are equal, this does not ring true in the real world and consequently the potential for CSR to contribute to development is restricted, most profoundly in those states that would benefit the most.

The focus of this study is the supervisory and regulatory framework for bank supervision in Thailand and the Thai authorities' efforts to modernize and restructure the Thai banking system. It examines the obstacles to this restructuring, which include economic difficulties in Thailand and the East Asia region in the 1990s as well as more fundamental historical, cultural and socio-economic factors that underpin Thai society. The book looks at the numerous banking statutes put in place in Thailand since the early 20th century, including legislation of the 1980s in response to problems involving fraud, insider dealing and solvency concerns. It examines how historically ambiguous structures of governmental responsibility and power, and a heavy emphasis on government discretion in regulation, have so far inhibited the effectiveness of this extensive body of legislation in developing a sound modern banking system. There follows an analysis of the 1997-1998 Thai Banking Crisis and ways in which lessons can be learned to avoid similar crises in future. The author argues for a greater degree of transparency in the regulatory process to bring it into line with internationally accepted standards, for increased supervisory implementation and enforcement by Thai governmental authorities, and for the ultimate depoliticization of the bank regulatory and supervisory processes.

This text is a second, revised edition of the original 1986 publication. Since that time, the issue of contract change has increasingly challenged the business community and legal practitioners. This edition studies the investor-host country relationship, on which successful investment is most dependent. In particular, the book studies the pressure by host countries for contract change and its counterpart - the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties - either a transnational corporation or a host country government.

The Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highly regarded and leading scholars and practitioners in the Commercial Space Law field, and the inclusion of salient documents, regulatory and contractual documents, the Routledge Handbook of Commercial Space Law is an essential resource for students, scholars, and practitioners who are interested in the field of Commercial Space Law.

There are many indications that the 20th century will be the "Asian century" with several countries there approaching rapid and sustained economic development to be fuelled by neighbouring investor countries. This book provides a manual for investors interested in setting up joint ventures in the Far East and presents the legal nuts and bolts of that process with respect to Japan, South Korea, Taiwan, China, Indonesia, the Philippines and Thailand. A final item argues for alternatives to traditional dispute resolution methods, and should assist drafters of such contracts. Matters addressed systematically are: the selection of a joint venture vehicle, control of a joint venture company, tax incentives, acquisition of real property, government authorizations, legal procedures for termination and legal status of dispute resolution methods. This book presents the work of the International Bar Associations's Committee on Business Organizationa, convened in Hong Kong in 1991.

Business crime with a corresponding recourse to criminal law and procedure to redress socially unacceptable business conduct continues to rise in many Western countries. In Italy this trend has taken the form of a vast and chaotic collection of special laws, many of them proposed and passed ad hoc in response to specific crimes, and without reference to the Italian Criminal Code or any other systematic body of law. As a result, business activity in Italy is particularly fraught with risk and uncertainty. "Italian Law on Business Crime" is the first book to sort out and organize this mass of legislative material into a coherent and useful body of law. It offers the business person clear assurance that his or her conduct in the course of entrepreneurial or other business activity in Italy will not fall foul of the law. It also provides guidance in identifying and combating the illegal conduct of others that can arise in such areas as taxation and bankruptcy proceedings. Beginning with a detailed background in the elements of Italian criminal law and business crime in general, Professor Di Amato goes on to analyze the particular crimes that can arise in corporate activity, bankruptcy proceedings, matters of taxation and customs duties, transfer of goods, compliance with environmental standards, competition and other market issues, finance, banking, insurance, securities, financial services, and use of negotiable instruments. The book concludes with a concise and valuable description of Italian criminal procedure.

For one- or two-semester undergraduate courses in Business Law Take students beyond rote memorization and into true understanding of the concepts and their implications. This motivating, up-to-date text presents business law, ethics, and the legal environment in a way that intrigues students, spurs them to ask questions, and takes them beyond rote memorization as they learn the issues and concepts. With its emphasis on covering online law and e-commerce as key parts of the legal environment-as well as today's social, ethical, and international issues that are important to the study of business law-it's the ideal text for your one- or two-semester undergraduate course in Business Law. This text provides a better teaching and learning experience-for you and your students. Here's how: *Tailor the material to your specific course with the Custom Database option. *Draw students into the material with a rich selection of cases. *Address issues critical to the field of business law today.

Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international "incidents" and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations. This centenary publication provides a resource for international lawyers and arbitrators. It provides: detailed summaries of all the awards, decisions and reports rendered by both arbitral tribunals and conciliation commissions, as well as by fact-finding commissions of inquiry, appointed by the Court throughout its 100-year history; a penetrating analysis of the signal contributions of the Permanent Court of Arbitration to international law and dispute resolution; and expert commentary on some of the procedural challenges faced and resolved by the Iran-United States Claims Tribunal, arguably the most important arbitral tribunal of the 20th century, whose inception at the PCA preceded a 20-year history of achievement. The book reveals the surprising modernity of this venerable institution. The record contained in these pages is sure to provide guidance to practitioners engaged in international dispute resolution as we move into the next millennium.

Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.

This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by upper-division and graduate students.

"Choice"

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, the book will in addition be useful to directors, government officials and academics.

The objective of this book is to present a number of related chapters on the subject of gender issues in the workplace of the aviation industry. More specifically, the chapters address the continuing shortfall in the number of women pilots in both civilian and military aviation. Considerable research has been carried out on gender issues in the workplace and, for example, women represent about 10% of employees in engineering. This example is often used to show that the consequences of gender discrimination are embedded and difficult to overcome in masculine-dominated occupations. However, women represent only 5-6% of the profession of pilot. Clearly there are many factors which mitigate women seeking to become pilots. The chapters within this volume raise both theoretical and practical issues, endeavouring to address the imbalance of women pilots in this occupation. Absent Aviators consolidates a diverse range of issues from a number of authors from Australia, Austria, the United States, Canada, South Africa and the United Kingdom. Each of the chapters is research-based and aims to present a broad picture of gender issues in aviation, gendered workplaces and sociology, underpinned by sound theoretical perspectives and methodologies. One chapter additionally raises issues on the historical exclusion of race from an airline. The book will prove to be a valuable contribution to the debates on women in masculine-oriented occupations and a practical guide for the aviation industry to help overcome the looming shortfall of pilots. It is also hoped it will directly encourage young women to identify and overcome the barriers to becoming a civilian or military pilot.

This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees.
It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument.
As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

For courses in business law and the legal environment of business This comprehensive textbook not only helps students develop a thorough understanding of the legal environment of business, but also enhances their ability to engage in critical thinking and ethical analysis, and ultimately survive in an increasingly competitive global environment. The following features of this text are designed to ensure that the authors' goal-to develop critically thinking students who understand the important concepts of business law and the legal environment of business-is attained.

This "Liber Amicorum" celebrates the 60th birthday of Thomas Bar and Robert Karrer, who set up their international law practice more than 28 years ago. Contributions in the book are from practitioners and scholars in the field of international law. The "Liber Amicorum comprises 16 articles on topics ranging from business law to arbitration and from a global perspective.

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.

It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators.

This book, dedicated to Prof. Jacques Richard, is about the economic, political, social and even environmental consequences of setting accounting standards, with emphasis on those that are alleged to be precipitated by the adoption and implementation of IFRS. The authors offer their reasoned critiques of the effectiveness of IFRS in promoting genuine global comparability of financial reporting. The editors of this collection have invited authors from 17 countries, so that a great variety of accounting, auditing and regulatory cultures, and educational perspectives, is amply on display in their essays.