The Franchising Code of Conduct (the Code) is a mandatory obligation for all systems operating in Australia, and takes a comprehensive approach to disclosure, relationship laws and dispute issues. Expert author and leading practitioner Peter Buberis takes a critical view of this regulatory framework, evaluating the threads that make up the Code that directs the franchising industry in Australia. Including chapters on the areas of disclosure, good faith, and intellectual property, Buberis takes a comprehensive approach in exploring the Code's development through its consideration and enforcement by the Regulator and the courts. Looking at recent case law, the chapters indicate continuing points of concern about the Code, and give cognisance to a recent Parliamentary review which may enhance its operation if adopted. For professionals in the franchising industry, and anyone looking to understand more about the Code that governs Australia's franchises, this is a comprehensive guide that engages and analyses this key piece of legislature.

This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy?Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource. Contents: Preface 1. Corporate Governance Global Economics: The Neo-liberalism Paradigm 2. The Reasons for Convergence and Divergence 3. The United States of America 4. The United Kingdom 5. Germany 6. Conclusion: The Importance of the Existence of National Systems of Corporate Governance References Index

As the number and size of nonprofit organizations continues to grow, NFPs are coming under ever-increasing government scrutiny. Soon Congress will require that nonprofits comply with rigorous accounting and governance standards very similar to those set forth for for-profits in the Sarbanes-Oxley Act.

If you work for a nonprofit and are concerned about meeting impending changes to tax and finance standards governing NFPs this book is for you. In simple, straight-forward language, this guide demystifies the often perplexing world of nonprofit governance in the age of Sarbanes-Oxley. Author, Jill Gilbert Welytok, an attorney who heads the Sarbanes-Oxley division of a major Midwest law firm, walks you step-by-step through the process of evaluating your governance structures. She arms you with tips and strategies for adopting uniform standards under current governance and tax laws, while preparing you for any upcoming changes. She shows you how to protect your tax status and reassure donors and volunteers while staying true to your organization's mission. And she fills you in on what you need to know to: Comply with state laws and regulationsGet and keep tax-exempt statusAvoid lawsuits and other legal landminesHandle the mediaAnticipate future trendsMake sense of the Sarbanes-Oxley act

Including sample nonprofit bylaws and a complete audit committee report, "Nonprofit Law & Governance for Dummies, Second Edition" is an indispensable survival tool for 21st century nonprofits.

This text examines the increasingly important area of consumer protection law in an international context. The contributing authors are legal practitioners and scholars from a variety of jurisdictions who have focused on the intricacies of consumer protection in their countries. Consumers are often aware that they have rights when purchasing, but are not always sure exactly what those rights are. This book elucidates and clarifies the many confusing aspects of this area of law, giving special regard to service standards, testing, advertising claims, trade descriptions and price controls.

Probably the core characteristic of a bill of lading is that the original bill of lading must be presented at the port of destination for a consignee to be entitled to delivery of the goods and for the carrier to get a good discharge of its delivery obligation by delivering the goods to said consignee. This notion is accepted virtually worldwide, but the more precise content of the "presentation rule" differs from jurisdiction to jurisdiction. Furthermore, and of importance, the legal basis establishing the "presentation rule" differs. With the technological advances in maritime transport as well as in communications technology and the emergence of more complicated trading patterns, a system where a specific tangible piece of paper issued at the port of loading has to be presented at the port of discharge to obtain delivery of the goods seems almost archaic and can obviously create problems. Thus, in practice very often - especially in some trades such as the oil trade - the bill of lading is not available at the port of discharge when the ship is ready to deliver the cargo. The book will first analyse the "presentation rule", its finer contents and its legal basis. It will then go on with (legal) analyses of three developments and responses to the problems that the bill of lading system gives rise to in practice, viz. the commercial, the international legislature's, and the technological response. The commercial response analysed here consists of contractual exemption or limitation clauses in the bill of lading set up as a defence against claims for misdelivery. The international legislature's response denotes the adoption of the Rotterdam Rules which as the first international convention on carriage of goods by sea includes elaborate rules on delivery of the goods. Finally, the technological response denotes the possibility of using electronic (equivalents of) bills of lading. The analyses will include a comparative approach examining both English and Scandinavian law to elucidate the issues with greater clarity.

A practical guide to patent prosecution and strategy in the US with particular reference to invention in chemicals and biotechnology. The presentation is focused on case law in the US and deals with specific cases. A section is devoted to international patent protection.

The Programme for the third Symposium on the International Art Trade and Law was developed by the Institute for International Business Law and Practice of the International Chamber of Commerce and its Chairman, Prof. Pierre Lalive who has also provided the Preface to this Volume. Under the auspices of the Institute, a Questionnaire was formulated and circulated. The collected materials were reproduced and distributed at the Symposium by the Amsterdam Chamber of Commerce. Reporters from thirteen countries responded to the Questionnaire. On the basis of these National Reports, General Reports were prepared and presented at the Symposium. Part One of this Volume includes: - Questionnaire covering Topics 1-5 - General information on a number of countries taken from the National Reports. Part Two is divided into five Sections, corresponding with the five Topics addressed in the Questionnaire: Topic 1. Freedom of museums to sell, trade or otherwise dispose of objects of art in their collection Topic 2. Freedom of collectors to sell or give away all or part of their collections Topic 3. Rights of artists and their heirs Topic 4. Auction sales and conditions Topic 5. International temporary exhibitions and insurance followed by Concluding Remarks by Prof. John H. Merryman.

As scientists and technologists discover how to engineer matter at the nanoscale in increasingly sophisticated ways, conventional approaches to ensuring safe use are being brought into question. Nanotechnologies are challenging traditional regulatory regimes; but they are also prompting new thinking on developing and using emerging technologies safely. In this Handbook, leading international authors from industry, government, non-governmental organisations and academia examine the complex and often controversial regulatory challenges presented by nanotechnologies. Across several disciplinary boundaries, they explore how the future regulatory landscape may evolve. From the Europe Union to the United States, workplaces to personal products, and statutory instruments through to softer approaches, it is clear that considerable vigilance will be needed in governing these powerful and novel technologies. To succeed, society will need new thinking, new partnerships and new mechanisms to balance the benefits of these technologies against their possible downsides. Anything less will prompt cries of illegitimacy and potentially compromise a promising new realm of technology innovation.

Any project which involves an EPC contract is also likely to involve a number of other complicated contracts. The challenge of the parties to an EPC contract is not to try to eliminate risk but rather put into place a narrative structure that enables the parties to predict the contractual result that would obtain if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment. The sample forms of contract contained in Volume 2 of Understanding and Negotiating EPC Contracts are intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project. Collectively the sample forms in this volume offer an extraordinary resource that provides the benefit of lessons learned and priceless insight into any project being undertaken which can help assure the resilience of any EPC project.

Although written primarily for use by British businessmen, this book also aims to provide an introduction to the subject of competition policy to students of law, of economics, and of public administration.

The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.

European Banking and Financial Law Statutes presents all the key legislation for European banking and financial law in one student-friendly volume. This book is: * up-to-date with the law: based on the official consolidated texts of all relevant European instruments, this book provides a fully current collection of legislation * tailored to course outlines: content has been curated to align with European banking and financial law courses * exam friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use * easy to use: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation. Ideal for course and exam use, as well as for reference, this book is a perfect companion resource for student learning and exam success, which is especially tailored for use in combination with the European Banking and Financial Law textbook.

This revision guide is intended to serve as a complement to the textbook. Its aim is essentially to provide past examination questions set by the Institute of Bankers and the examiners' own answers together with past questions set at the City of London Polytechnic and other questions, with their answers. This gives the reader a wider range of topics which reflects the contents of the textbook, and permits of selectivity to meet need. It is suggested that as each textbook chapter is read, the relevant section in the Revision Guide should be attempted in order to test knowledge and understanding, thereby further enhancing the learning process. To facilitate this, the guide is set out section by section, to match the chapters in the textbook. Several sections are prefaced by introductions to bridge the gap between textbook and questions. In addition, questions are presented in succeeding order of difficulty so that readers can move from the less to the more complex at their own speed. November 1985 L. Waxman vii Passing the Examination The Banking Diploma Stage 2 Examination Finance ofInternational Trade. The Institute of Bankers Diploma examinations take place twice yearly, in April and September. Prospective candidates who wish to prepare themselves as thoroughly as possible and who are using the associated textbook to this revision guide will find the question and answers which it contains an indispensable means of preparation for the examination paper "Finance ofInternational Trade".

This book is intended as a contribution to the theory of contingent claim valuation based on arbitrage considerations. It is concerned with preference-free valuations of contingent claims (such as options written on a stock) in frictionless multiperiod securities markets that do not permit arbitrage profits. Besides the question of pricing it considers the possibility of hedging in securities markets. The research reported in this book was carried out at the Institut fUr Gesellschafts- und Wirtschaftswissenschaften, University of Bonn. While working in this field and preparing this monograph I received helpful comments and encouragement from many people, and I would like to thank all of them. Special thanks are due to Prof. Dr. Dieter Sonder- mann. He first stimulated my interest in the theory of contingent claim valuation and commented on my work at various stages. Furthermore, I would like to thank Profs. Martin Hellwig, Peter Schonfeld and Klaus SchUrger, all University of Bonn, for helpful comments on earlier ver- sions of this monograph. Parts of this monograph were presented at va- rious meetings including the European Meeting of the Econometric Socie- ty, Pisa 1983, the European Meeting of the Econometric Society, Madrid 1984, and the third Conference "Geld, Banken und Versicherungen", Karls- ruhe 1984. I greatly appreciate comments of Profs. Stephen Ross, Yale University, and Michael Brennan, UCLA. I take this opportunity to ex- press my indebtness to my colleague Dr. Shinichiro Nakamura for his con- stant encouragement during the laborious process of writing this mono- graph.

The need for suppressing the illicit traffic in drugs can hardly be over-emphasized. Yet, the licit uses of drugs, especially for medical and scientific needs, cannot be suppressed. Apparently, it is a ques tion of determining the vvorld requirements of drugs for such legiti mate uses, and of producing and manufacturing them accordingly. Owing to their multifarious medical uses in various parts of the world, it proves to be almost impossible to determine exactly the amount of drugs required for legitimate purposes. There is also the complicating factor that drugs are used for sociological and religious reasons, which have a long history. Not only arc the licit uses and legitimate amounts of drugs difficult to determine but also such difficulties give rise to illicit traffic in them. Yet, it is believed that a concerted international policy, coupled with national co-operation, on various facets of the related problems-namely, limitation of production and/or manufacture of drugs, restriction on cultivation of plants that may contribute to addiction-producing substances, training and rehabilitation of drug addicts, and efficient national administration-would help eradicate drug-abuse. In search of an appropriate remedy, this book has been devoted to a practical study of the problem and to exploring, in this area of international law, the relationship between the political and econ omic interests and the international economic order."

This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial 'non-criminal' enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.

Exploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessary-not only to benefit creators and inventors but also to support activities that contribute to the culture at large-yet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.

The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.

THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection."

At the turn of the century, a definitive history of the Suez Canal by Charles-Roux, L' I sthme et le Canal de Suez, listed in its bibliogra phy 1499 items on this major interoceanic waterway. A conservative estimate would probably set at double, treble, or quadruple this number the notes and studies on the Suez Canal which have been published since 1901. A word of explanation about a further work on the Canal may therefore be called for. its history the Suez Canal has been the focus of con Throughout troversy and conflict, arising out of attempts to control this crucial point on the sea passage linking Europe with the east coast of Africa, India, the Far East and Australasia. Much of this troubled history yields more readily to political than to legal analysis. The most important single legal question about the Canal concerns the dimen sions of the right of free passage. That question has become of grave concern to the entire world community only with the war between the Arab States and Israel and the short-lived conflict of 1956-57 between France, Great Britain, and Israel on the one hand and Egypt on the other."