The financial crisis, which spanned 2007 and 2008, may have occurred ten years ago but the resulting regulatory implications are yet to be implemented. This book isolates the occurrences of the derivatives market, which were implied as the core accelerator and enabler of the global financial crisis. Offering a holistic approach to post-crisis derivatives regulation, this book provides insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the effects that post-crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. Alexandra G. Balmer offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post-crisis reforms. Comprehensive and astute, this book will provide legal and financial scholars, academics and lawyers with much food for thought. National supervisors and regulators will also benefit from an understanding of general market risks and factors affecting exposure to such risks.

No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this EE Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn't), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari ah places on use of security devices, and reasons for Russia's meandering path to modernization.' - Peter Winship, SMU Dedman School of Law, USThis cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies. The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shari'ah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania. The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms. Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R. Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O. Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen, A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari, J.-H. Roever, M. Uttamchandani, K. van Zwieten, P.R. Wood

This comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.

This review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area.

'This is the best industry-focussed legal textbook I've seen. Rosie covers a lot of ground and navigates complex areas of law in plain English. The book is accessible, well-structured and highly relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A refreshingly insightful overview of the legal challenges and opportunities facing fashion businesses operating today in Europe. It condenses vast realms of information into digestible and practical summaries, all written in a modern and commercial voice that enthuses passion for this fabulous industry.' - Head of Legal, Online Fashion Business, UK European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. Readers will benefit from: The logical and easy-to-follow structure which highlights relevant legal considerations at each stage in the development of a fashion business First-hand, practical guidance on commercial issues associated with the fashion industry, including: how to avoid costly legal disputes, launching a website and working with third parties Advice on how to protect a company's intellectual property at each stage of business development: from registering designs to combating counterfeits A concise overview of relevant EU legislation and case law as it applies in practice. This inherently practical book will be a helpful go-to guide for those running a fashion business and for their in-house legal teams. For lawyers in practice the book will be useful point of reference when advising fashion and retail clients. For students of fashion, design, retail, or intellectual property, this book will provide a practical grounding to accompany academic studies.

This book is a thoroughly updated and augmented second edition of Certification Marks, first published in 2002, and remains the only complete volume devoted to these increasingly significant types of trademarks. A comprehensive, wide-ranging and insightful inquiry, this new edition compares the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers' liability, legal and commercial significance, and use in regulatory and technical standardization frameworks. This book is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products. Key features include: the only complete volume devoted to the law of certification and collective marks discussion of leading cases analysis of liability exposure of product certifiers comparison of certification and collective mark protection of geographical indications with the EU sui generis system examination of emergent forms of certification marks, namely ecolabels and electronic authentication marks in digital content. This book will be of primary interest to trademark practitioners who require a thorough explanation of the statutory protection, registration, and legal and commercial significance of certification and collective marks. It will also provide a helpful reference resource and a platform for further research and policy recommendations to academics in intellectual property and commercial law.

Important new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights. Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals. Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials. Contributors include: B.S. Claeson, E. Conlon, C. Emberson, P. Goethberg, O. Martin-Ortega, A. Marx, C. Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-Elegbe

Atiyah and Adams' Sale of Goods, 14th Edition, by Twigg-Flesner and Canavan is a highly readable and comprehensive account of the law governing the sale of goods. It is essential reading for undergraduate and postgraduate students, and a valuable point of first reference for practitioners of commercial law. This book addresses the increasing split of the law on the sale of goods between commercial and consumer contracts, which is reflected in the separate treatment of consumer law aspects.

Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law. Key features include: analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU law fresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widely consideration of contract modifications both from practical and theoretical perspectives. This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law.

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science. Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi

The Law Express series is designed to help you revise effectively. This book is your guide to understanding essential concepts, remembering and applying key legislation and making your answers stand out!

The ideal companion for anyone studying company law, Smith & Keenan's Company Law provides you with: Straightforward, accessible coverage of the key legal principles you'll need to understand for your module written by experienced lecturers in the field; A range of features to support your learning and help you study independently, including detailed case summaries and discussion of academic opinion in the area; Extensive further reading suggestions to a wide range of academic articles to encourage deeper understanding and analysis. This eighteenth edition also includes: A new chapter on partnerships and limited liability partnerships (LLPs) An extended chapter on the corporate veil, including Petrodel Resources Ltd v Prest [2013] and academic discussion of lifting and piercing the veil of incorporation Discussion of key developments brought about by the Small Business, Enterprise and Employment Act (SBEEA) 2015, including maintenance of a register of people with significant control (PSC); greater restrictions on corporate directors; and the submission of statements of confirmation An updated chapter on the statutory derivative action exploring the evolving case law such as Wilton UK Ltd v Shuttleworth [2018].

This book explores the allocation of risk and liability of dangerous goods between the seller and the buyer under CIF (Cost, Insurance and Freight) and FOB (Free on Board) contracts, providing an in-depth study of the issue of carriage of dangerous goods in the context of international trade law. In addition to offering specific solutions to issues arising in the context of the contract of sale, the book provides a non-contractual angle, putting forward suggestions under non-contractual mechanisms. Importantly, the book incorporates case law examples from the Commonwealth and the US. Dangerous goods that are carried by sea can cause potential risks of losses and damages to the vessel, other cargoes and lives on board. The allocation of liability arising out of the carriage of dangerous goods has recently attracted unwelcome attention because of mis-declared cargoes leading to fires on board ships. Thus the book fills a gap in the literature by addressing the issue in detail with examples from multiple jurisdictions, and proposing solutions. In particular, the book analyses whether and to what extent the law of international sale of goods can provide any assistance in the re-allocation of liability between the buyer and the seller. This book will be of great interest to all those involved in the research as well as legal practice of international trade law and the law of carriage of goods by sea.

This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE's operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE's and is also be covered in this book. The book also aims to analyse the "SCE phenomenon" which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.