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.

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.

Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the developing economies and a lack of expertise and general lack of awareness surrounding copyright law in the developing world. Highlighting the need to reform international copyright law to promote the needs and interests of developing countries such as Sri Lanka, the book points to a possible way forward for developing countries to achieve this and to address the problem of striking a proper and delicate balance in their copyright laws between the protection of translation rights and the ability of people to access translations of copyright protected scientific and technical learning materials.

The ISM Code has been mandatory for almost every commercial vessel in the world for more than a decade and nearly two decades for high risk vessels, 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 represents a major re-write and addresses significant amendments that were made to the ISM Code on 1st July 2010 and 1st January 2015. This book provides practitioners with a practical overview of, and much needed guidance on, the potential implications of failing to implement the requirements of the Code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and insurance claims staff.

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy's deductible but not piercing its cover limit. Accordingly, a policy's quantitative scope of cover is significantly affected by the parties' agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the 'sharing' economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public-private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.

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

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 ...

Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

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

The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises - which reveals interesting patterns - and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.

Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation - security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest - are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.

The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state's monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement - from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain - brings the ethics of law's coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.

This open access book constitutes an ethnographic mosaic which depicts the contextual complexities of the life and work of seafarers who are employed in the international merchant cargo fleet. The collection is based upon the observations and interviews of researchers in multiple disciplines. It is woven together to offer a richly detailed insight into the ways in which a complex global industry operates internationally. The book covers issues to do with career decisions and recruitment, gender, life and work on board multinational vessels, health and safety issues, the regulation of the industry, shipboard roles and role conflict, and the representation of workers. It will be of considerable interest to all students globally who are studying for professional seafaring qualifications, to graduate students studying for masters courses in ship and port management, and to welfare professionals and policy makers. It is of special interest to those connected to the shipping industry who specialize in issues relating to 'the human element' and will serve as a paradigm defining text in this area.

This book examines a largely unexplored dimension of the European agencies, namely their role in EU external relations and on the international plane. International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of their international dimension, the nature and effects of their international cooperation instruments, their status within the EU and on the global level, and leading potentially to tensions between EU law and international law. This book fills the existing knowledge gap by scrutinizing the international cooperation legal framework and practice of EU agencies, including their mandate, tasks and instruments, together with their legal status as actors with a global dimension. It sets out a general legal-analytical framework which combines legal parameters from EU and international law to assess EU agencies as global actors, and examines in detail three case studies on carefully selected agencies to shed light on the complexities of EU agencies' daily international cooperation.

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China's inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU's approach to occupied territories and the extent to which this approach comports with the EU's obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Annually, the government commits significant expenditure to a type of public contracts which are known as Public-Private Partnerships (PPPs) or the Private Finance Initiative (PFI). These contracts bind the public purse for decades in sectors such as Health, Defence and Detention, and involve the assignment of a significant role to the private sector in the provision of public services. This book explores the controversial subject of the public accountability of these contracts, and the corresponding large sums of public money involved. It explains how public accountability works for PPPs and the PFI, and it argues that it should be provided as part of the Economic Constitution. Drawing comparative understandings from the UK and the USA constitutional legal traditions, the book investigates public accountability from the perspective of the Economic Constitution, focusing on three accountability criteria - legal, accounting and administrative. In doing so, it provides an analysis which informs both from the perspective of academic research and from that of legal and consulting practice.

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world's key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People's Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.

The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.