The 2003 volume of the Comparative Law Yearbook of International Business deals with a variety of topics in the field of commercial law. These range from mergers in Nigeria and joint ventures in Thailand and Hungary to the fight against corruption on an international level, as well as corporate fraud in the United States, with attention being focused upon the new Sarbanes-Oxley Act of 2002. Some authors have dealt with subjects that involve finance, such as foreign investment in e-commerce in China, employees' stock purchases and option plans in the United States, pension funds in Nigeria and preferential tax regimes in Madeira. There is also a review of the Agreement on Trade-Related Investment Measures. Other popular areas of commercial law that are covered in this volume include consumer protection in Bulgaria and alternative dispute resolution. Arbitration in Paraguay is discussed, along with the conducting of mediation by legal professionals. In addition, European Union law arises in relation to the likelihood of association, with another chapter detailing the economic association between Mexico and the European Union. The Commentators in this book are leading professionals in their respective fields and the interesting mix of topics should be of value to those involved in business in the international arena and their legal advisers.

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations. Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies. The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

Now in its sixth edition, Introduction to Information Technology Law (formerly Introduction to Computer Law), provides a comprehensive and accessible introduction to the law as it relates to computers. Adopting a practical approach that places the law in the context of computer use, this book is highly suitable for undergraduate law students, non-specialist students and computer professionals.

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.

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Hacker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

International Arbitration in Latin America features:
- a comprehensive and thorough overview of commercial arbitration in Latin America;
- a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela;
- a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, whose eventual ratification and coming into force is contemplated;
- an examination of the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region;
- the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and,
- a description of the increasing use of alternative dispute resolution in Latin America and how it might be bes used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

Aviation noise remains the primary hindrance to expansion of airport and airspace capacity in the United States. This book describes the development and practice of U.S. aircraft noise regulation, as well as the practical consequences of regulatory policy. Starting in the pre-jet transport era, the book traces the development of the modern framework for characterizing, standardizing, predicting, disclosing, and mitigating aircraft noise and its effects on airport-vicinity communities. Among other matters, the book treats noise-related consequences of the 1978 deregulation of the airline industry; prediction and mitigation of community reaction to airport noise; land use compatibility planning; recent research and industry trends; and some suggestions for potential improvements to current policy. Initial chapters describe the assumptions underlying aircraft noise regulation, and lay out the chronology of U.S. aircraft noise regulatory practice. Later chapters provide overviews of population-level effects of aviation noise, including health effects, speech and sleep interference, and annoyance. Readers will learn why predictions of the prevalence of aircraft noise-induced annoyance have systematically underestimated adverse community response to aircraft noise, and how such underestimation has complicated approval and funding of airport and airspace improvement projects. They will also learn why attempts at noise-compatible land use planning are seldom fully successful.

Smith and Keenan's Law for Business is an established and respected textbook. It is suitable for undergraduate non-law students who have a business law component in their degree. It also satisfies the business law requirements for a number of professional bodies such as the Association of Charted Certified Accountants and the Chartered Institute of Marketing. The book has been updated to include new statutory and case law developments, in particular the impact of new laws in the sphere of employment law, discrimination, and company law.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

'Essential Law for Marketers' offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations, providing expert guidance on crucial issues for the busy practitioner.Each chapter in the book offers, in simple English, full analysis of the law on each subject, and illuminates it with numerous examples and cases taken from current industry practice. It also offers helpful tips and suggestions for 'keeping it legal' without losing sight of the overall commercial objectives. Uniquely written from the practitioner's point of view, the text is structured to offer a complete and accessible picture of how the law can impinge on the job: < LI> 'Point of law' offers clear legal definitions or shows the generic application of a legal point in a real life context< LI> 'Law in action' outlines actual legal cases and their outcomes, with full referencing for the case available on the companion site< LI> 'Insight' offers background information, providing a broader practical or commercial context for a legal topic< LI> 'Checklist' at end of each chapter itemises the key issues to bear in mindEssential Law for Marketers covers all the key issues facing those working in the media. From making claims and statements, copyright, defamation, promotion and advertising, through to lobbying, cybermarketing and ambush marketing, it is an invaluable reference guide for anyone working within the sector. It also functions as an excellent learning resource for all marketing students who need to appreciate the legal implications of industry practice.SOME LEADING ENDORSEMENTS: "Few marketers have a full grasp of the law andlegal matters rarely feature in marketing training. They will be grateful to Ardi Kolah for bringing English law into the marketing context in such a straightforward manner. An admirable introduction." - Professor Tim Ambler, London Business School"Essential Law for Marketers is a seminal work on the subject. Agencies and clients can more effectively manage their marketing and communication activities by taking on board the information and lessons contained in this excellent book." - Raoul Pinnell, VP Global Brands & Communications, Shell International Petroleum Company"This book really is essential reading for all marketers and indeed for all general managers. It fills a major gap in the market and its many examples give a very practical guide to the intricacies of legal rights and responsibilities." - Sir Paul Judge, Judge Institute of Management, Cambridge University"Comprehensive, well written and easy to read. All the marketer ever needed to know about the legal and regulatory frameworks. A truly essential guide which I would recommend unreservedly." - Claire Watson, Director General, The Marketing Society"A clear and easy to use approach to marketing law ... As a small business it gives me the courage to make certain decisions without the immediate advice of a lawyer." -Cameron Leslie, Managing Director, Fabric"If you want to know the essentials of marketing law, then you'll find them here - an immensely valuable read..." - Commodore Richard Leaman OBE, Director of Communications, Royal Navy "Essential Law for Marketers is essential reading for all students and professionals of marketing. Packed with examples and written specifically for a marketing audience, it is the mostcomprehensive work on the subject and we're delighted to recommend it as an approved CIM text book to all our members." - Mike Detsiny, Chartered Institute of Marketing"Essential Law for Marketers is a timely and thorough guide to the current legislation that affects the practice of marketing ... Clear and concise, the book provides essential references and real-life examples to cover every marketing situation." - Tess Harris, Worshipful Company of Marketors"Ardi Kolah's legal knowledge and his insight into marketing strategy combine to set the industry standard. This book will appeal not just to marketers but to everyone involved in brand marketing and communication." - Ian Wright, Group Communications Director, Diageo Plc"Understanding the law has become strategically important to the practice of modern communication . Ardi Kolah presents the authoritative work on the subject, providing practical advice on how to integrate the communications power of the law into marketing and PR campaigns." - Chris Genasi, Director of Strategy, Weber Shandwick "This is an extremely useful book . Students of CIM and CAM will find this a painless overview of a topic which could bring them grief. Thanks to this book, they are less likely to be caught out in a legal difficulty over marketing." - Jeremy Baker MBA (Harvard), London Guildhall University"Essential Law for Marketers is required reading for anyone involved in sponsorship management and practice." - Stephen Proctor, Founder, Sports Marketing Surveys "It's a very good read. It's clear, simple and straightforward and you don't have to be a lawyer to understand it. The title sums it up - it's essential reading!" - Richard Forbes-Robertson, CEO,Phosphorus"Ardi Kolah is one of the industry's most accomplished public relations and marketing practitioners and has produced a well written and easy to understand guide to the law ... I've no doubt the book will become the standard reference work on the subject." - Colin Farrington, Director General, Institute of Public Relations"Ignorance is no excuse - its every marketer's responsibility to understand how the law affects them. Covering everything from cookies to copyright; data protection to defamation and lobbying to libel, Essential Law for Marketers is a unique and comprehensive reference of all these areas. If you want to avoid visits from trading standards, brushes with the Advertising Standards Authority, litigation or worse...you must read this book." - Ian Hunter, Marketing Director, Fujitsu Services"If you want an intelligent overview of the application of the law for marketers, then this is it. It should have been around years ago ..." - Andrew Marsden, Category Director, Britvic Soft Drinks"This book is a definitive guide, for busy marketers, of the potential minefield of legal issues that they must navigate during the course of performing their job." - Paul van Barthold, Managing Director, BLM Media"Ardi Kolah's Essential Law for Marketers has been written with the legal virgin in mind ... This book is full of practical tips and suggestions that will also be relevant to the seasoned campaign director and is sure to prove essential reading for anyone in the advertising industry who needs to get up to speed with this complex area." - Claire Beale, Deputy Editor, Campaign"When building a business the last distraction you want is the legal implications of managing andpromoting your brands. Few agencies are always on top of the type of detail you need to know about to stay on the right side of the law and ensure you don't damage the brand ... This book is an essential guide to law, written for the marketer and is both interesting to read (amazingly) and has the right level of detail." - Charles Fallon, Partner, Strategy & Investment Partners LLP and former Director, Saatchi & Saatchi Advertising UK"With its readable style and lively use of business examples, Essential Law for Marketers should find a home in the bookcase of all practitioners of the black arts of business communications." - Andy Smith MCIJ MIPR, President, Chartered Institute of Journalists"Ardi Kolah has captured many of the substantial legal issues that marketers could face as regulation and compliance standards increase. This book offers clear explanations of relevant law, with examples and practical advice for maintaining marketing momentum.....' - Professor Merlin Stone and Bryan Foss, IBM Financial Services Sector

The topic chosen for this special volume of the Comparative Law Yearbook of International Business is unfair trading practices, the use of such practices being a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies obtaining monopolies and then ruthlessly exercising their market dominance. The ability of other companies to freely compete with such entities is, therefore, necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must also be tempered in order to avoid its abuse by traders using unscrupulous methods to sell their products or services. The use of such methods may, again, impede the businesses of others and breach the principle of free competition. This subject is particularly relevant in today's society where new technology such as the Internet provides more and more scope for competition. When faced with unfair trading practices, the most immediate course of action must be to put a stop to such behaviour as soon as possible. If this is not done, a company may find itself suffering heavy losses and may even lose its business altogether. A temporary injunction is, therefore, a very important shield against the attack of a competitor. Once this is in place, a company may initiate proceedings in order to finalize the order and obtain damage for any losses suffered. This book gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide, each being provided by a practitioner in the area of competition law. It will therefore be a useful tool for anyone having to deal with unfair acts in the course of trading.

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.

For the last twenty years the European Union has been extremely active in the field of e-commerce. This important new book addresses the key pieces of EU legislation in the field of e-commerce, including the E-commerce Directive, the Services Directive, the Consumer Directive, the General Data Protection Regulation, and the eID Regulation. The latest in the Elgar Commentaries series, EU Regulation of E-Commerce is the first book to apply this well-established format to a dynamic and increasingly significant area of law. Key features include: thoroughly up-to-date analysis of decisions of the Court of Justice and the Commission article-by-article commentary on the latest directives and regulations in the field of e-commerce a unique structure featuring detailed tables of cases and legislation and paragraph references, enabling easy access to all substantive legal provisions specially commissioned chapters from leading scholars and practitioners from across the EU This unique work will provide the definitive account of the essential pieces of EU legislation on e-commerce. Legal practitioners will benefit from the clear structure and close examination of key provisions. The book will also appeal to legal scholars and advanced students, who will appreciate the concise overview and thoughtful analysis on future developments in the field. Contributors include: P. Cortes, G. De Minico, J. Dumortier, Y. Harn Lee, M. Jozwiak, S. Jozwiak, A.R. Lodder, C. Markou, D. Mendis, A.D. Murray, C. Riefa, T. Synodinou, M. Viggiano, T. Wisman

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.

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is perhaps the most widely-used standard in the area of international sales law. Yet commercial lawyers often struggle to understand its uniformity across different legal systems, and as a result often fail to apply the Convention to its full potential. Here at last is a clear, focused exposition of CISG cases and scholarship, highlighting what has been done and what can be done with this remarkable and versatile legal instrument. With in-depth analysis of CISG case law and scholarship reflecting a variety of legal systems - as well as detailed commentary on the text of the Convention itself - the author demonstrates the considerable value of the global use of CISG precedents. Among the many factors she analyses are the following: the idea of the "jurisconsultorium" as the heart of a new discipline of uniform law; interpretational challenges; parallels of precedents between the UCC and the CISG; availability and weighting of precedent sources; congruency issues in the scholarly jurisconsultorium; multilingual issues; undue influence of domestic law; and, legal classification of various types of "goods." The book concludes with a careful study of CISG case law in the significant areas of examination and notification, provisions of crucial importance in disputes involving allegation of defective goods. All commercial lawyers, judges, and arbitrators, regardless of their legal training and the legal system of their origin, are bound to benefit from the wider base of judgements to which the idea of the jurisconsultorium leads. Judges and arbitrators in particular will find in this book greatly enhanced guidance enabling them to make and support difficult decisions.

The risk-based approach to capital markets regulation is in crisis. Climate change, shifting demographics, geopolitical conflicts and other environmental discontinuities threaten established business models and shorten the life spans of listed companies. The current rules for periodic disclosure in the EU fail to inform market participants adequately. Unlike risks, uncertainties are unquantifiable or may only be quantified at great cost, causing them to be insufficiently reflected in periodic reports. This is unfortunate, given the pivotal role capital markets must play in the economy's adaptation to environmental discontinuities. It is only with a reformed framework for periodic disclosure, that gradual and orderly adaptation to these discontinuities appears feasible. To ensure orderly market adaptation, a new reporting format is required: scenario analysis should be integrated into the European framework for periodic disclosure.

In this thorough and enlightening book, the authors examine the role of law in developing the large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets. The book begins with an historical analysis of the law's development, reviewing the legal governance of corporate finance with an emphasis on the development of US securities law in the twentieth century. Also provided is an extensive empirical analysis of the law's effect. A unique benefit of the book is its integration of all the relevant aspects, rather than examining them in isolation. Chapters cover the role of law in corporate finance, behavioral and empirical analyses, as well as current controversies in law and corporate finance. Ultimately, the book is a defense of the economic value of the law in the United States and throughout the world. Students and scholars of business and law will find much of interest in the authors' comprehensive study of the rule of law in today's financial markets.

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

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

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

When a dispute arises between a European or American firm and a Chinese business partner, this matchless source of expert guidance is exactly what a practitioner needs. It provides a lucid understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. "Resolving Business Disputes in China" explores and discusses such issues and topics as the following: pertinent legislation and the commentary it has elicited; relevant jurisdictional rules covering arbitration, mediation, and other alternative dispute resolution (ADR) methods; drafting arbitration agreements; arbitration/mediation procedure; labour/employment arbitration; intellectual property infringement protection measures; anti-dumping measures, anti-subsidy and countervailing measures, and safeguard measures; structure of the court system; and judicial procedural standards and evidentiary rules. The book summarises cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included. Western practitioners who deal with China, whatever the size of the enterprise they represent, need look no further than this incomparable book for the expert guidance they require. This title forms part of the "Asia Business Law Series". "The Asia Business Law Series" is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.