This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.

Courts have the right to compel non-parties to give evidence or produce documents in aid of litigation and arbitration proceedings. As well as providing a clear statement of the law relating to witness summonses, letters of request and the European Taking of Evidence Regulation, this book gives practical guidance with use of checklists, for example on the issues arising in drafting and defending letters of request and conducting or advising at a hearing of a deposition under a letter of request. The book considers how regulation from outside England and Wales affects compelled evidence, explaining the European Taking of Evidence Regulation and its similarities and differences to the Hague Convention. As well as giving guidance on compelling evidence from abroad in aid of English proceedings, with reference to the different procedures applicable in relation to different countries, the book also addresses cases where evidence is compelled in England for use in foreign proceedings and where evidence is compelled within England and Wales for use in domestic cases; identifying the common principles which underpin the different areas and key differences to consider. Finally, the book addresses related jurisdictions including CPR 31.17 (third party disclosure), Bankers' Books Evidence Act, and evidence in aid of arbitrations and CPR 71 (cross examination of judgment debtor). Clearly structured to contain the law, procedure, and relevant source materials, this book provides an invaluable and single point of reference to bring clarity and detail to a previously obscure and under-resourced area of the law. With a Foreword by Mr Justice Andrew Smith.

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies. Contributors: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M.B. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.H. Lande, J. Langenfeld, S. Martin, K.J.L. O'Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A.E. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B.E. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. Zahid

This essential handbook on international arbitration has been updated to include a new chapter on investment treaty arbitration, detailing the kind of investments which are covered by investment treaties, persons to whom investment treaties apply, the rights commonly provided under investment treaties, ICSID arbitration and commonly encountered issues and practical considerations. Other additions to the latest edition include: multi-tiered arbitration clauses, confidentiality, interim measures and consumer arbitration.

The organisation and design of maritime regulation is a critical question for the many trade oriented economies. The Research Handbook on Maritime Law and Regulation addresses the key concepts and issues facing the regulation of maritime affairs, questioning the legal structures through an analysis of current legal and regulatory frameworks. These unique contributions interrogate the current system of maritime law and regulation, challenging its traditional perceptions as being either convention law based or national law oriented. The contributors cover a range of crucial demands for maritime law and regulation, from shipping contracts to maritime conventions and linkages, embracing an integrated approach to maritime law. Emphasising the link between theory, practice and policy, this Research Handbook focuses on real world developments and their impact on law and regulation. Comprehensive and enlightening, this Research Handbook is vital reading for researchers and students of maritime law and regulation, providing fascinating insight into the minutiae of its structure and design. Policy makers working in the maritime industry will benefit from the broad and integrated approach to legal frameworks. Legal practitioners, scholars and judicial figures will also enjoy this Research Handbook's comprehensive engagement with contemporary legal developments in maritime law.

Corporate governance initiatives have been developing at a rapid pace in the Commonwealth Caribbean through legislation, case law and codes. Commonwealth Caribbean Corporate Governance offers an overview of current practice and legal developments in corporate governance, highlighting the interpretation of the legislation through case law and the codes of corporate governance which have now been implemented. It also considers the challenges which emerging markets face in an attempt to adopt the corporate governance initiatives of developed markets. This text explores the emergence and development of corporate governance in the region from a range of angles, including the protection and empowerment of shareholders, the impact on government agencies, and the role and responsibilities of directors and officers in companies and in government agencies. Written by a panel of academics, legal practitioners and experts working in business, this book will be an invaluable resource for judges, lawyers, corporate executives and students of business, corporate law and corporate management.

Corporate governance initiatives have been developing at a rapid pace in the Commonwealth Caribbean through legislation, case law and codes. Commonwealth Caribbean Corporate Governance offers an overview of current practice and legal developments in corporate governance, highlighting the interpretation of the legislation through case law and the codes of corporate governance which have now been implemented. It also considers the challenges which emerging markets face in an attempt to adopt the corporate governance initiatives of developed markets. This text explores the emergence and development of corporate governance in the region from a range of angles, including the protection and empowerment of shareholders, the impact on government agencies, and the role and responsibilities of directors and officers in companies and in government agencies. Written by a panel of academics, legal practitioners and experts working in business, this book will be an invaluable resource for judges, lawyers, corporate executives and students of business, corporate law and corporate management.

Trade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. Legal Aspects of Trade Finance provides a comprehensive approach to the issues relating to export trade and the methods of raising finance for such trade. The obstacles that traders may encounter in providing trade across national boundaries are clearly identified, as are the risks parties to a trade contract should take into account. It explains the various methods of payment and types of finance, such as: - Letters of credit; barter; bills of exchange - Factoring; forfeiting; export credit guarantees It also examines the role of international organizations and statutes, such as: - ICC Uniform Rules for Collection - UNIDROIT Conventions of International Factoring This title is illustrated with examples from case law relevant to both developed and developing countries. This book is suitable for both undergraduates and graduate students studying the interaction between law and commerce, and for transnational trade practitioners.

Online auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers' economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.

Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.

The ISM Code has been mandatory for almost every commercial vessel in the world for more than a decade, and yet there is very little case law in this area. Consequently, there remains a great deal of confusion about the potential legal and insurance implications of the Code.

This third edition deals with the significant amendments that were made to the ISM Code on 1st July 2010.

This book provides practitioners with a practical overview of, and much needed guidance on the potential implications of failing to implement the code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and claims staff.

Dr. Phillip Anderson is a specialist marine consultant, is widely considered one of the world's leading authorities on the ISM Code, and has been involved in hundreds of ISM Code cases.

This volume presents a new approach to today's tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other's essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.

Business law is a vast, challenging and often complex subject incorporating legal jurisdictions including company law; contract law; the English legal system and its interaction with the European Union; employment relations; and tortious liability. The very nature of having to quickly understand these jurisdictions, at least to a standard to pass assessments let alone applying these in business scenarios, can prove daunting to any student.

It is essential that students view these separate areas of law as interrelated and understand how they may affect each of the trading structures in which a business operates. "Beginning Business Law" provides an introduction to the relevant laws in a straight-forward, no-nonsense way. It presents the main areas of law, setting them out with clarity and identifying the salient points that may then be applied in a business context. This enables the relevance of the law to future business-related careers to be highlighted and reinforced.

Features to aid learning and understanding are used throughout. The textbook incorporates various pedagogic features such as diagrams, flow-charts, and on the spot questions to facilitate learning.

Business law is a vast, challenging and often complex subject incorporating legal jurisdictions including company law; contract law; the English legal system and its interaction with the European Union; employment relations; and tortious liability. The very nature of having to quickly understand these jurisdictions, at least to a standard to pass assessments let alone applying these in business scenarios, can prove daunting to any student.

It is essential that students view these separate areas of law as interrelated and understand how they may affect each of the trading structures in which a business operates. "Beginning Business Law" provides an introduction to the relevant laws in a straight-forward, no-nonsense way. It presents the main areas of law, setting them out with clarity and identifying the salient points that may then be applied in a business context. This enables the relevance of the law to future business-related careers to be highlighted and reinforced.

Features to aid learning and understanding are used throughout. The textbook incorporates various pedagogic features such as diagrams, flow-charts, and on the spot questions to facilitate learning.

In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

The Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice's journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.

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.

Invaluable guidance on the most important legal issues facing nonprofits today Internet communication is the lifeblood of countless nonprofit organizations, yet there exists no specific law to provide for its regulation. Without solid legal guidance, nonprofits risk not only missing out on the unlimited opportunities that the Internet has to offer, but also jeopardizing their tax-exempt status. The Nonprofits' Guide to Internet Communications Law analyzes and explains the laws applicable to Internet communications by nonprofit organizations. Nonprofit law expert Bruce Hopkins writes that with Congress and government agencies reluctant to create new law, it will ultimately be up to the courts to determine the future of Internet law affecting nonprofit organizations. Extrapolating from the underlying principles of existing law, Hopkins addresses the legal ramifications of Internet business activities, charitable-giving administration, fundraising programs, lobbying, political campaign activities, and more. The Nonprofits' Guide to Internet Communications Law proves an unparalleled resource for this emerging field.

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.

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.

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.

One of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This essential book provides a law and economics analysis of the challenges arising from these shifts in authority.The process of harmonization is investigated from a normative point of view, in order to examine whether a uniform legal framework should be promoted. On the positive side, the goal is to assess the efficiency of this process and its impact on public policies. The authors then turn to applied issues and propose an agenda for future research. The book comprehensively covers both private and public law, as well as applied and theoretical issues. The authors analyse the legal debate from a new political economy perspective, offering diverse and sometimes contrasting views. The Economics of Harmonizing European Law highlights the debate between competition and harmonization which will be sure to shape the future of Europe. It should be read by students and scholars of law and economics, and European policymakers. It will also provide a valuable reference in the field of law harmonization for law practitioners.

This book examines trademarks and brands, and their historical role in national competitive and comparative advantage and in overall economic growth. The contributors provide an historical account of the contribution of brands in consumer goods to economic growth; examine the development of trademark law, its influence on brand strategy, and reciprocally the influence of strategy on the law; and look at the building and repositioning of individual brands as example of the interplay of law and strategy. Brands and trademarks are usually discussed from the perspective of marketing. This book draws together scholars and practitioners not only from marketing, but also from business history, law, economics, and economic history to provide a richer understanding of trade marks and competitiveness than has hitherto been available.

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.

A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.