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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law

The Law of Wreck (Paperback): Nicholas Gaskell, Craig Forrest The Law of Wreck (Paperback)
Nicholas Gaskell, Craig Forrest
R7,717 Discovery Miles 77 170 Ships in 12 - 19 working days

This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO's Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019. The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.

Global Pandemic, Technology and Business - Comparative Explorations of COVID-19 and the Law (Hardcover): Luo Li, Carlos Espaliu... Global Pandemic, Technology and Business - Comparative Explorations of COVID-19 and the Law (Hardcover)
Luo Li, Carlos Espaliu Berdud, Steve Foster, Ben Stanford
R4,474 Discovery Miles 44 740 Ships in 12 - 19 working days

This book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19. The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market arena; and Part III discusses issues pertaining to corporate governance and employment rights. The book explores the unprecedented challenges posed by the pandemic crisis from a global perspective. It will provide invaluable information and guidance in this area to those in the fields of law, politics and economics whose interests are related to information, business and the creative industry, as well as providing indispensable reading to business practitioners and public servants.

Code of Federal Regulations, Title 16 Commercial Practices 1000-End, Revised as of January 1, 2020 (Paperback): Office of the... Code of Federal Regulations, Title 16 Commercial Practices 1000-End, Revised as of January 1, 2020 (Paperback)
Office of the Federal Register (U S )
R1,548 Discovery Miles 15 480 Ships in 12 - 19 working days

Title 16 presents regulations governing commercial practices and covers product-specific bans, standards, and requirements; policy on imported products, importers, and foreign manufacturers; export of non-complying, misbranded, or banned products; and commission notification of foreign government. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Corporate Takeover Law and Management Discipline (Paperback): Francis Okanigbuan Jnr Corporate Takeover Law and Management Discipline (Paperback)
Francis Okanigbuan Jnr
R1,372 Discovery Miles 13 720 Ships in 12 - 19 working days

The book examines corporate takeovers

Law, Technology and Cognition - The Human Element in Online Copyright Infringement (Paperback): Hayleigh Bosher Law, Technology and Cognition - The Human Element in Online Copyright Infringement (Paperback)
Hayleigh Bosher
R1,371 Discovery Miles 13 710 Ships in 12 - 19 working days

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.

Internet Intermediaries and Trade Mark Rights (Paperback): Althaf Marsoof Internet Intermediaries and Trade Mark Rights (Paperback)
Althaf Marsoof
R1,379 Discovery Miles 13 790 Ships in 12 - 19 working days

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.

Local Content Oil and Gas Law in Africa - Lessons from Nigeria and Beyond (Paperback): Pereowei Subai Local Content Oil and Gas Law in Africa - Lessons from Nigeria and Beyond (Paperback)
Pereowei Subai
R1,372 Discovery Miles 13 720 Ships in 12 - 19 working days

Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.

Collective Redress and EU Competition Law (Paperback): Eda Sahin Collective Redress and EU Competition Law (Paperback)
Eda Sahin
R1,377 Discovery Miles 13 770 Ships in 12 - 19 working days

Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.

Commercial Expectations and Cooperation in Symbiotic Contracts - A Legal and Empirical Analysis (Paperback): Charles Haward... Commercial Expectations and Cooperation in Symbiotic Contracts - A Legal and Empirical Analysis (Paperback)
Charles Haward Soper
R1,386 Discovery Miles 13 860 Ships in 12 - 19 working days

Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts.

The Development of Iran's Upstream Oil and Gas Industry - The Potential Role of New Concession Contracts (Paperback):... The Development of Iran's Upstream Oil and Gas Industry - The Potential Role of New Concession Contracts (Paperback)
Mahmoud Fard Kardel
R1,372 Discovery Miles 13 720 Ships in 12 - 19 working days

The book ties together much of the existing work on the history of oil and gas regulation in Iran and builds on that foundation to propose a coherent and balanced approach within the framework of the NCC.

Credit and Creed - A Critical Legal Theory of Money (Paperback): Andreas Rahmatian Credit and Creed - A Critical Legal Theory of Money (Paperback)
Andreas Rahmatian
R1,381 Discovery Miles 13 810 Ships in 12 - 19 working days

Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit - if viewed from the creditor's perspective - or, from the debtor's viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed. Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

Foreign Currency - Claims, Judgments and Damages (Paperback): Michael Howard, John Knott, John Kimbell Foreign Currency - Claims, Judgments and Damages (Paperback)
Michael Howard, John Knott, John Kimbell
R7,943 Discovery Miles 79 430 Ships in 12 - 19 working days

Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012

International Contractual and Statutory Adjudication (Paperback): Andrew Burr International Contractual and Statutory Adjudication (Paperback)
Andrew Burr; Contributions by Murray Armes, Tony Canham, David Carrick, Michael Cover, …
R7,653 Discovery Miles 76 530 Ships in 12 - 19 working days

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

Patent Law and Women - Tackling Gender Bias in Knowledge Governance (Hardcover): Jessica Lai Patent Law and Women - Tackling Gender Bias in Knowledge Governance (Hardcover)
Jessica Lai
R4,476 Discovery Miles 44 760 Ships in 12 - 19 working days

This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.

Foundations of International Commercial Law (Hardcover): Christian Twigg-Flesner Foundations of International Commercial Law (Hardcover)
Christian Twigg-Flesner
R4,488 Discovery Miles 44 880 Ships in 12 - 19 working days

Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.

Foundations of International Commercial Law (Paperback): Christian Twigg-Flesner Foundations of International Commercial Law (Paperback)
Christian Twigg-Flesner
R1,282 Discovery Miles 12 820 Ships in 12 - 19 working days

Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.

International Trade Law Statutes and Conventions 2019-2021 (Paperback, 2nd edition): Indira Carr, Jae Sundaram International Trade Law Statutes and Conventions 2019-2021 (Paperback, 2nd edition)
Indira Carr, Jae Sundaram
R1,620 Discovery Miles 16 200 Ships in 12 - 19 working days

International Trade Law Statutes and Conventions 2019-2021 presents all the key legislation for international trade law in one student-friendly volume. Developed in response to feedback from both lecturers and students, the book: provides an up-to-date, fully comprehensive collection of current legislation is curated to align with international trade law courses is an un-annotated text, conforming to regulations so that it can be used during exams features a clear and attractive text design, detailed table of contents, and multiple indices to provide ease of reference and navigation. Ideal for coursework, exam use, and general reference work, this is the perfect companion for anyone studying this important and fast-moving area of law.

Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Hardcover): Leila... Adjudicating Global Business in and with India - International Commercial and Investment Disputes Settlement (Hardcover)
Leila Choukroune, Rahul Donde
R4,486 Discovery Miles 44 860 Ships in 12 - 19 working days

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession's response to these developments, and civil society's comments. In addition, it addresses contemporary problems of key importance and at the centre of today's discussions, from the legitimacy and relevance of Investor-State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

SEPs, SSOs and FRAND - Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Paperback): Kung-Chung Liu,... SEPs, SSOs and FRAND - Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Paperback)
Kung-Chung Liu, Reto M. Hilty
R1,386 Discovery Miles 13 860 Ships in 12 - 19 working days

This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

Annotated Leading Trademark Cases in Major Asian Jurisdictions (Paperback): Kung-Chung Liu Annotated Leading Trademark Cases in Major Asian Jurisdictions (Paperback)
Kung-Chung Liu
R1,409 Discovery Miles 14 090 Ships in 12 - 19 working days

There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

Land Law and the Extractive Industries - Challenges and Opportunities in Africa (Hardcover): Victoria R. Nalule Land Law and the Extractive Industries - Challenges and Opportunities in Africa (Hardcover)
Victoria R. Nalule
R3,207 Discovery Miles 32 070 Ships in 12 - 19 working days

This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

International Trade Law Statutes and Conventions 2019-2021 (Hardcover, 2nd edition): Indira Carr, Jae Sundaram International Trade Law Statutes and Conventions 2019-2021 (Hardcover, 2nd edition)
Indira Carr, Jae Sundaram
R4,544 Discovery Miles 45 440 Ships in 12 - 19 working days

International Trade Law Statutes and Conventions 2019-2021 presents all the key legislation for international trade law in one student-friendly volume. Developed in response to feedback from both lecturers and students, the book: provides an up-to-date, fully comprehensive collection of current legislation is curated to align with international trade law courses is an un-annotated text, conforming to regulations so that it can be used during exams features a clear and attractive text design, detailed table of contents, and multiple indices to provide ease of reference and navigation. Ideal for coursework, exam use, and general reference work, this is the perfect companion for anyone studying this important and fast-moving area of law.

Aviation Security Law (Hardcover, 2010 ed.): Ruwantissa Abeyratne Aviation Security Law (Hardcover, 2010 ed.)
Ruwantissa Abeyratne
R3,044 Discovery Miles 30 440 Ships in 10 - 15 working days

Aviation is an important global business and a signi?cant driver of the global economy. Itisvital,therefore,thatstringentmeasuresaretakentocounteractsof unlawfulinterferencewithcivilaviation. TheConventiononInternationalCivil AviationsignedatChicagoon7December1944,statesinitsPreamblethatwhereas thedevelopmentofcivilaviationmayhelppreservefriendshipandunderstanding amongthepeopleoftheworld,yet,itsabusecouldbecomeathreattogeneral security. Thegenealogyoftheterm"Terrorism"liesinLatinterminologymeaning"to causetotremble"(terrere). Sincethecatastrophiceventsof11September2001, we have seen stringent legal measures taken by the United States to attack terrorism,notjustcurbit. Thefamousphrase"waronterror"denotespre-emptive andpreventivestrikescarriedoutthroughapplicableprovisionsoflegitimately adoptedprovisionsoflegislation. TheearliestexampleistheAirTransportation Safety and System Stabilization Act (ATSAA)enactedbyPresidentBushless thantwomonthsafterthe9/11attacks. Then,twomonthsaftertheattacks,in November2001,CongresspassedtheAviationandTransportationSecurityAct (ATSA)withaviewtoimprovingsecurityandclosingthesecurityloopholes whichexistedonthatfatefuldayinSeptember2001. Thelegislationpavedthe wayforahugefederalbodycalledtheTransportationSecurityAdministration (TSA) which was established within the Department of Transportation. The HomelandSecurityActof2002whichfollowedeffectedasigni?cantreorga- zationoftheFederalGovernment. Allthisgoestoshowthatthelawplaysasigni?cantroleinensuringaviation security. Thisbookaddressesnewandemergingthreatstocivilaviation;evaluates securitytoolsnowinusesuchasthePublicKeyDirectory,AdvancePassenger Information,PassengerNameRecordandMachineReadabletraveldocumentsin the context of their legal and regulatory background; and discusses applicable securitytreatieswhileprovidinganinsightintotheprocessofthesecurityaudits conductedbytheInternationalCivilAviationOrganization(ICAO). v vi Preface ThebookalsoexaminesissuesoflegalresponsibilityofStatesandindividuals forterroristactsofthirdpartiesagainstcivilaviationanddiscussesfromalegal perspectivethelatestliabilityConventionsadoptedatICAO. TheConclusionof thebookprovidesaninsightintotheapplicationoflegalprinciplesthroughrisk management. Sincethewritingofthisbook,theauthor publishedthreefeature articles entitled, The NW Flight 253 and the Global Framework of Aviation Security(AirandSpaceLaw,Volume35Issue2April2010167-Aviation is an important global business and a signi?cant driver of the global economy. Itisvital,therefore,thatstringentmeasuresaretakentocounteractsof unlawfulinterferencewithcivilaviation. TheConventiononInternationalCivil AviationsignedatChicagoon7December1944,statesinitsPreamblethatwhereas thedevelopmentofcivilaviationmayhelppreservefriendshipandunderstanding amongthepeopleoftheworld,yet,itsabusecouldbecomeathreattogeneral security. Thegenealogyoftheterm"Terrorism"liesinLatinterminologymeaning"to causetotremble"(terrere). Sincethecatastrophiceventsof11September2001, we have seen stringent legal measures taken by the United States to attack terrorism,notjustcurbit. Thefamousphrase"waronterror"denotespre-emptive andpreventivestrikescarriedoutthroughapplicableprovisionsoflegitimately adoptedprovisionsoflegislation. TheearliestexampleistheAirTransportation Safety and System Stabilization Act (ATSAA)enactedbyPresidentBushless thantwomonthsafterthe9/11attacks. Then,twomonthsaftertheattacks,in November2001,CongresspassedtheAviationandTransportationSecurityAct (ATSA)withaviewtoimprovingsecurityandclosingthesecurityloopholes whichexistedonthatfatefuldayinSeptember2001. Thelegislationpavedthe wayforahugefederalbodycalledtheTransportationSecurityAdministration (TSA) which was established within the Department of Transportation. The HomelandSecurityActof2002whichfollowedeffectedasigni?cantreorga- zationoftheFederalGovernment. Allthisgoestoshowthatthelawplaysasigni?cantroleinensuringaviation security. Thisbookaddressesnewandemergingthreatstocivilaviation;evaluates securitytoolsnowinusesuchasthePublicKeyDirectory,AdvancePassenger Information,PassengerNameRecordandMachineReadabletraveldocumentsin the context of their legal and regulatory background; and discusses applicable securitytreatieswhileprovidinganinsightintotheprocessofthesecurityaudits conductedbytheInternationalCivilAviationOrganization(ICAO). v vi Preface ThebookalsoexaminesissuesoflegalresponsibilityofStatesandindividuals forterroristactsofthirdpartiesagainstcivilaviationanddiscussesfromalegal perspectivethelatestliabilityConventionsadoptedatICAO. TheConclusionof thebookprovidesaninsightintotheapplicationoflegalprinciplesthroughrisk management. Sincethewritingofthisbook,theauthor publishedthreefeature articles entitled, The NW Flight 253 and the Global Framework of Aviation Security(AirandSpaceLaw,Volume35Issue2April2010167-182);TheUse of Full Body Scanners and Their Legal Implications; and The Use of Forged PassportsforActsofCriminality(bothofwhichcouldbeaccessedthroughthe webpageoftheJournalofTransportationSecurity(Springer). Thesethreearticles formausefuladjuncttothisbook. Montreal,CA RuwantissaAbeyratne Contents 1 ASecurityCulture ...1 A. ARisk-BasedApproach ...1 B. TheICAOResponse ...2 I. TheICAOHigh-LevelMinisterialConference ...2 II. PostConferenceWork ...7 C. EmergingThreats ...9 I. Probability ...9 II. ReactingtoProbability ...10 III. Deterrence ...13 IV. ProblemsofDeterrence ...14 V. ThreatAssessmentinICAO ...16 VI. TheAVSECPanel ...19 VII. Bioterrorism ...21 VIII. Cyber-Terrorism ...24 IX. MANPADS ...25 X. TheDiverseNatureofMissileAttacks ...29 XI. InstallationofanAnti-missileSystem ...32 XII. ThePerimeterGuard ...32 XIII. InternationalAccord ...33 XIV. OtherCurrentThreats ...36 References ...3 6 2 PrinciplesofResponsibility ...39 A. StateResponsibility ...39 I. PrinciplesofStateResponsibility ...42 II. TheTheoryofComplicity ...42 III. MechanismsforExtraditionofOffenders: TheLockerbieCase ...43 IV. TheCondonationTheory ...48 V. TheRoleofKnowledge ...51 vii viii Contents VI. Pro?lingofPassengers ...54 VII. AirportPro?ling ...55 VIII. Pro?lingandtheRightofPrivacy ...58 B. OtherAspectsofResponsibility ...61 I. PreludetotheRomeConventionof1952 ...61 II. TheRomeConventionof1952 ...66 C. TheRomeConventionof1952 ...70 I. Background ...70 II. Insurance ...71 III. ProvisionsoftheConvention ...

The Transformation of EU Geographical Indications Law - The Present, Past and Future of the Origin Link (Hardcover): Andrea... The Transformation of EU Geographical Indications Law - The Present, Past and Future of the Origin Link (Hardcover)
Andrea Zappalaglio
R4,479 Discovery Miles 44 790 Ships in 12 - 19 working days

Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

International Corporate Personhood - Business and the Bodyless in International Law (Hardcover): Kevin Crow International Corporate Personhood - Business and the Bodyless in International Law (Hardcover)
Kevin Crow
R4,485 Discovery Miles 44 850 Ships in 12 - 19 working days

This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into 'active' and 'passive' rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that - unlike existing attempts to place the corporation in international legal theory - does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on 'human problems' and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have 'passive' or procedural rights that cater to problems that can be characterized as 'universal' but that international law should avoid universalizing 'active' or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.

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