With the advance of an increasingly globalized market, the opportunities for, and scale of, corruption is growing. The size of corporations and their wealth relative to nations provides the resources for corrupt practices. The liberalization of international financial markets makes transferring and hiding the proceeds of corruption easier. Moves towards privatization in East and West are providing once-only incentives for corruption on an unprecedented scale, as officials not only deal with the income of the state, but with its assets as well. In this book, Transparency International's (TI) world-renowned 'Corruption Perception Index' (CPI) and 'Bribery Perception Index' (BPI) are explained and examined by a group of experts. They set out to establish to what extent they are reliable measures of corruption and whether a series of surveys can measure changes in corruption and the effectiveness of anti-corruption strategies. The book contains a variety of expert contributions which deal with the complexity, difficulty and potential for measuring corruption as the key to developing effective strategies for combating it.

'Internet law' and 'electronic commerce law' are new entities and as such there is some difficulty in defining this rapidly changing area of the law. Scholars are divided as to whether it is a subject in its own right or part of a broader area and there is also debate concerning its status as a new law or as old law which needs interpreting in a new way. This text helps the student to unravel this complicated area of law and provides guidance through the wealth of literature available on the topic. The text is for law students coming towards the end of their first degree, or taking a Masters. The first half focuses on the principles of electronic commerce law and includes an introduction to the law of the Internet, basic concepts in intellectual property law, privacy law and data protection. The second part deals with rights and duties in the online world including, liabilities, ownership and contracts. Technical operations are explained in the text as necessary and a glossary provides a guide to the more commonly encountered computer technicalities. With a supporting website providing links to online further reading, this textbook is ideal for students of e-commerce law and will provide those studying information technology law or practising commercial law with an indispensable introduction to Internet issues.

Commerce has become an area of central importance to the South Pacific region. Although the countries are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. This new textbook is the first to examine the main areas of commercial law in the common law jurisdictions of the South Pacific region. These jurisdictions include the Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, (Western) Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The text is divided into six parts each with its own introduction to aid the reader through each particular area. Utilising both a structural and transactional approach it examines: the establishment and termination of commercial organizations the internal and external relations within and between organizations the legal principles applicable to various kinds of commercial dealings eg. insurance, sale of goods, bills of exchange aspects of foreign trade and international commerce relevant to the region. Knowledge of the legal principles that regulate commercial activity within the South Pacific Region is essential for the communities themselves and for those from outside interested in doing business in the area. Students studying commercial law in the region will find this textbook essential reading as will those involved, or seeking to become involved, in commercial activity there

The book International Mergers and Acquisitions is an anthology that combines scientifically substantiated articles and practical experiences to a synthesis. Different points of view based on scientific research, business administration and corporate law provide the reader a holistic perception - continuative to the existing standard literature. Selected articles from and for scientific research and economy focus on topics, which are only addressed marginally in existing books. International experts were invited to highlight new perspectives and perceptions in international M&A processes. Therefore the articles deal with M&A activities in the new EU member states, Eastern Europe and Asia, legal aspects, break-up fees and corporate lock-ups as well as brands in M&A and IT aspects.

This book describes and assesses an emerging threat to states' territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends - the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state's public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

Many governments across the world have responded to the need for greater efficiency in the delivery of government services by the reorganization of these bureaucracies along the lines of for-profit business corporations. In doing so, governments have relied on the capacity for governance practices to overcome the weaker incentives created by the attenuated 'property rights' that are created in public enterprise. This study of the corporate governance of these corporations examines the history of government corporations, the problems associated with mating the corporation to a public use, the possibilities for rent-seeking associated with government corporations, a new body of empirical evidence on governance practices and some of the potential areas for reform in government corporations. It will attract a broad academic audience and will also be of value and interest to a wide range of professional constituencies. It is the only book of its kind to evaluate the corporate governance issues in government corporations.

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 book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country's legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-a-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015. This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law. The annual publishes leading articles, casenotes and comments, as well as book reviews dealing with international trade and business law issues. The text is supervised by an international board of editors consisting of leading international trade law practitioners and academics from the European Community, the United States, Asia and Australia.

"This book brings together leading construction industry and legal experts to discuss key elements of the partnering process, reflecting the collaborative approach that is essential to the success of partnering, this book is split into two broad sections covering industry and legal perspective."

'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 Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured's pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the 'shopping' activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a 'safe' shopping environment to the e-consumer.

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.

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers' interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible. Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU. The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.

Commercial Law has established itself in the market as the leading text for undergraduate and postgraduate students of commercial law topics, with a reputation for considerable accuracy and detail. The new edition continues the emphasis on aspects of 'good faith' and the protection of reasonable expectations as key emerging themes but also focuses on the emergent theme of internationalisation, with particular reference to the moves to develop a "European" contract law. Online Resource Centre The book is complemented by a website providing updates to ensure students are kept aware of legal developments, as well as web links to useful resources.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

This is one of the first volumes that uses economic tools to analyse and evaluate law and policy in India. Applying economic theories such as incentive analysis, cost benefit studies, and game theory, the essays in the volume negotiate contentious issues in law including property, contracts, torts, nuclear liability regime, bankruptcy law, criminal

A practical and user-friendly guide to the collision regulations, with full interpretations of the rules and clear diagrams. A thorough understanding of the International Regulations for the Prevention of Collisions at Sea (ColRegs) is essential for a wide range of professionals as well as amateur mariners. Written in legal text rather than easy to understand terminology, it is not a surprise that the Colregs are subject to gross misunderstanding and confusion. This makes this a difficult area for the thousands of mariners who need to learn, understand and remember them. This handbook is the answer. Expert marine training director Simon Jinks provides straightforward explanations of the complex situations that the Regulations discuss. He gives simple and comprehensive interpretation of the ColRegs rule by rule, giving students and professionals the clarity they need for exam prep and dealing with real-life situations. Colour illustrations of all lights and shapes, and clear diagrams provide additional support for students. The handbook also includes chapters on bridge watch-keeping, radar plotting and techniques for answering ColRegs questions in MCA exam conditions. It shows you where other maritime regulations work hand-in-hand with ColRegs. Simon Jinks is an experienced teacher of ColRegs to students who are studying for MCA Masters, OOW, Boat master and Chief Mates exams, plus those who are studying for RYA Yachtmasters and IYT Master of Yacht Qualifications and want to have an in-depth knowledge. The book adapts the author's teaching notes, developed over many years, with added extras around the subject to help in greater understanding.