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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
This book identifies and examines the legal challenges facing the
shipping industry and ship management today. It first addresses
flag state rules and private international law as organisational
tools of the shipowner for establishing the applicable legal
framework in an age of increasing regulatory activity and
extraterritorial effect of legislation. It then focuses on
sustainability requirements and the liability of shipping companies
managing supply chains and ships as waste. The third section
considers challenges stemming from times of financial crisis and
deals with the cross-border impact of shipping insolvencies, the
UNCITRAL Model Law, and the approaches of different jurisdictions.
Finally, the fourth section concerns digitalisation and automation,
including delivery on the basis of digital release codes, bills of
lading based on blockchain technology, the use of web portals and
data sharing, and particular aspects of the law relating to
autonomous ships, notably in marine insurance and carriage of
goods. The book will be a useful resource for academics and
practising lawyers working in shipping and maritime law.
A comprehensive and accessible guide in Business Law that is also
suitable for non-students. Business Law, 9th edition by Ewan
MacIntyre is a comprehensive guide to the subject, aiming to help
you gain a deeper understanding of the legal principles that apply
to business. This text is ideal for students who study Business Law
in a wide variety of courses, such as business or
accountancy-related, as well as professional or post-graduate
courses that require a thorough grounding in the specific field.
The book covers most areas in an academically rigorous way but is
written in a language that is straightforward and easy to
understand. This edition provides an in-depth, up-to-date treatment
of the law, with significant updates in many cases that reflect
changes in the legislation - especially EU law. Key features
include: Comprehensive content: covers a wide variety of business
law subjects, including Employment, Consumer Credit, and
Intellectual Property. A clear outline: helps you organise your
studying of the topics efficiently and fully grasp all aspects of
the subject. Key points and tasks: encourage you to apply what you
have learned to business situations. Multiple-choice and in-depth
problem questions: allow you to consolidate your understanding and
learning of the topics. Easy to read and with a range of references
to support your understanding of the subject, this textbook offers
full coverage of the theory and practical applications in Business
Law.
This book focuses on the building of a crypto economy as an
alternative economic space and discusses how the crypto economy
should be governed. The crypto economy is examined in its
productive and financialised aspects, in order to distil the need
for governance in this economic space. The author argues that it is
imperative for regulatory policy to develop the economic governance
of the blockchain-based business model, in order to facilitate
economic mobilisation and wealth creation. The regulatory framework
should cater for a new and unique enterprise organisational law and
the fund-raising and financing of blockchain-based development
projects. Such a regulatory framework is crucially enabling in
nature and consistent with the tenets of regulatory capitalism.
Further, the book acknowledges the rising importance of private
monetary orders in the crypto economy and native payment systems
that do not rely on conventional institutions for value transfer. A
regulatory blueprint is proposed for governing such monetary orders
as 'commons' governance. The rise of Decentralised Finance and
other financial innovations in the crypto economy are also
discussed, and the book suggests a framework for regulatory
consideration in this dynamic landscape in order to meet a balance
of public interest objectives and private interests. By setting out
a reform agenda in relation to economic and financial governance in
the crypto economy, this forward-looking work argues for the
extension of 'regulatory capitalism' to this perceived 'wild west'
of an alternative economic space. It advances the message that an
innovative regulatory agenda is needed to account for the
economically disruptive and technologically transformative
developments brought about by the crypto economy.
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.
The book provides an analytical exposition of the law concerning
directors’ liability for the losses sustained by their
companies’ creditors, when the directors’ companies are in
financial distress or become insolvent. It is a detailed one-stop
resource for obtaining a good understanding of the law which has
developed from legislation and case law. In particular, there is a
detailed consideration of what needs to be proved, what defences
there are, and what might be the issues of concern for all parties.
A doctrinal method is adopted and there is extensive analysis of
the relevant legislation and case law. Rather than merely referring
to cases to support propositions, the discussion considers many of
the cases in context and in depth and their relevance to the aim of
the book. The book also endeavours to provide views, in a practical
way, on aspects of the law and it identifies problems and how they
may be addressed. Of interest to legal practitioners and insolvency
practitioners alike, in addition the book will be useful to
directors, government officials and academics.
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 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.
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
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
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.
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].
Biotechnology has prompted a revolution in science and society in
the truest sense of the word. For what superficially appears to be
a revolution in biotechnology, in effect touches upon the
fundamentals of life and the way in which humans relate to it. This
book will make a significant contribution to the debate surrounding
the effective regulation of biotechnology. The contributing authors
assess how regulatory regimes can accommodate the many different
and often conflicting issues to which biotechnology is giving rise
to (including a very tainted public image). The book's ultimate aim
is to explore ways of designing a regulatory regime that takes heed
of these different demands whilst, at the same time, answering to
the imperatives of effectiveness and efficiency. The book
synthesizes three fields of legal analysis; the first focuses on
the risk-dominated regulation of GM food and bio-agriculture; the
second involves human genetics as a field dominated by
considerations of ethics. Finally, patent law has been chosen as an
area captured by notions of property. With its holistic approach,
The Regulatory Challenge of Biotechnology will be of great interest
to academics, policymakers and regulators as well as biotechnology
and law students.
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