The renowned authors of this ECFR special volume systematically develop legal standards and regulatory frameworks for closed corporations in Europe (including of course the Societas Privata Europaea), putting a strong focus on the economic practice and efficiency. The profound, in-depth analysis of the objectives and strategies comes to groundbreaking insights and also offers specific solutions for a multitude of practical aspects.

Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

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

An examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, 'virtual mergers' and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.

This edited volume presents fresh empirical research on the emerging outcomes of China's law reforms. The chapters examine China's 'going out' policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China's civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms. The contributors ask probing questions about doing business with China and highlight the astonishing escalation of China's outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People's Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China's law reforms into new areas. Given the forecast for the growth of China's domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.

Keenan & Riches' Business Law is well known and highly regarded as a reliable and practical guide to the law as it applies to the world of business. The text combines a solid academic reputation with clear language and practical features designed to assist the non-specialist, making it a favourite choice of students and professionals. The eleventh edition has been thoroughly updated to incorporate recent legal changes including the European Union Act 2011, the Parliamentary Voting System and Constituencies Act 2011, the Fixed Term Parliaments Act 2011, the Equality Act 2010 and changes in financial regulation as it affects companies. References to treaty articles have been renumbered to reflect changes made by the Consolidated Version of the Treaty on European Union and the Treaty on the Functioning of the Union. The new edition also presents current proposals for reform in areas of business law such as aspects of the Unfair Terms in Consumer Contracts Regulations, competition law, consumer rights and defamation.

Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.

The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.

Commercial law is the label applied to the collection of rules and principles which cover dealings between parties acting in the course of business. Commercial law is as diverse as commercial life. Nonetheless, there are key ideas which underpin all types of commercial dealings. This book focuses on those key ideas and considers how modern commercial law implements them. This book argues that commercial law has three main concerns: - Agency. The extent to which multiple parties can act on behalf of a single commercial enterprise. Without agency rules, there could be no modern commercial economy. - Risk. Commercial parties run two main types of risk: performance risk (the risk that the provision of goods or services or credit is inadequate) and credit risk (the risk that money due for performance rendered is not paid). - Dealings. The ability of, and limits on, parties dealing with property, including transferring title and creating security interests. In the process of exploring this trilogy, the book considers pervasive themes in commercial law including sources for commercial law, freedom of contract and its limits, the need for certainty and predictability, and the appropriate role for obligations of good faith and fair dealing.

In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution.

Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

This book, first published in 1982, focuses on a specific area of commercial law: the Sale of Goods Act. The book contains key cases and statutes relating to the sale of goods, each prefaced by a contextualising introduction. Notes and questions are also included, as are the full texts of the Sale of Goods Act 1979 and the relevant parts of the Unfair Contract Terms Act 1977.

Corporate scandals due to bad accounting happen far too frequently for a system of corporate governance to be deemed effective. This book tells why the safeguards designed to prevent bad accounting so often fail. By studying why the auditors and members of a board of directors regularly fail to deliver the truth about a company's financial state of affairs, this provocative book explores a serious problem in the system of reporting financial information.
This book is unique in that it draws together various strands of the literature on corporate governance, accounting, law, cognitive research, psychology, behavioural economics and conventional economics to shed light on questions regarding the feasibility of independence and impartiality of boards of directors and external auditors as monitors and gatekeepers in corporate governance. The book is essential reading for professional accountants and auditors, directors, regulators, law makers, corporate lawyers, and investment bankers. It will appeal to all those interested in behavioural economics and corporate governance.

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.

The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017-2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as 'fuzzy logic' in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

Since the beginnings of international law, the law of the sea has been of paramount importance for international trade. Yet this area of law and international trade regulations have developed as two distinct areas with little interface with each other. As the GATT/WTO emerged in parallel to the LOS Convention since the 1970s, both bodies have made extensive efforts in international treaty making. However, the relationship between trade regulations and the law of the sea has hardly been explored. The author examines some key aspects of this relationship, in particular port entry, access to cargo in coastal shipping (cabotage) and access to cargo in international shipping. The inclusion of services in WTO law will render this relationship of great importance in the future as the agreement extensively covers maritime transport. It is just a matter of time until the current exclusion of maritime transport under special exemptions will be reviewed in future negotiations. The book provides the background and a normative basis for approaching some of the problems which members of the WTO will have to address in coming years. It also deals briefly with the problem of choice of law and competing jurisdictions between trade law and maritime law.

This book represents the fruit of a conference held in Oxford on March 3, 2006 under the auspices of the Institute of European and Comparative Law in the Oxford University Law Faculty. Directive 2005/29 is an important new measure in the construction of a legal framework apt to promote an integrated economic space in the European Union. It establishes a harmonised regime governing the control of unfair commercial practices. As such it represents an important exercise in the use of new rules and new techniques, and therefore poses new challenges to EU lawyers. The purpose of this book is to inform and to explore the issues raised by the Directive, issues which are of academic and practical interest, in helping to understand the evolution of European consumer law within the broader programme of European market regulation. The intense practical significance of this Directive, which heralds a new regime, is likely to provoke commercial operators to seek to exploit opportunities to pursue practices previously suppressed.

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution.

Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.

Maritime Safety, Security and Piracy discusses safety, security, and piracy from the standpoint of ships and ports and is written so that it may be read by both practitioners and academics. Contents include: ship safety and the International Maritime Organization formal ship safety assessment European ship safety ship accidents ship security and shipping piracy in shipping (ship type, flag and a case studies of pirates' behaviors) port safety and workers (regulation and accidents) port state control inspections port ship accidents and risks port security in the US port and maritime security in the EU port security in Asia port theft.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.