This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country's legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting.

Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch.

In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.

Many governments across the world have responded to the need for greater efficiency in the delivery of government services by the reorganization of these bureaucracies along the lines of for-profit business corporations. In doing so, governments have relied on the capacity for governance practices to overcome the weaker incentives created by the attenuated 'property rights' that are created in public enterprise. This study of the corporate governance of these corporations examines the history of government corporations, the problems associated with mating the corporation to a public use, the possibilities for rent-seeking associated with government corporations, a new body of empirical evidence on governance practices and some of the potential areas for reform in government corporations. It will attract a broad academic audience and will also be of value and interest to a wide range of professional constituencies. It is the only book of its kind to evaluate the corporate governance issues in government corporations.

This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the 'shopping' activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a 'safe' shopping environment to the e-consumer.

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.

A practical and user-friendly guide to the collision regulations, with full interpretations of the rules and clear diagrams. A thorough understanding of the International Regulations for the Prevention of Collisions at Sea (ColRegs) is essential for a wide range of professionals as well as amateur mariners. Written in legal text rather than easy to understand terminology, it is not a surprise that the Colregs are subject to gross misunderstanding and confusion. This makes this a difficult area for the thousands of mariners who need to learn, understand and remember them. This handbook is the answer. Expert marine training director Simon Jinks provides straightforward explanations of the complex situations that the Regulations discuss. He gives simple and comprehensive interpretation of the ColRegs rule by rule, giving students and professionals the clarity they need for exam prep and dealing with real-life situations. Colour illustrations of all lights and shapes, and clear diagrams provide additional support for students. The handbook also includes chapters on bridge watch-keeping, radar plotting and techniques for answering ColRegs questions in MCA exam conditions. It shows you where other maritime regulations work hand-in-hand with ColRegs. Simon Jinks is an experienced teacher of ColRegs to students who are studying for MCA Masters, OOW, Boat master and Chief Mates exams, plus those who are studying for RYA Yachtmasters and IYT Master of Yacht Qualifications and want to have an in-depth knowledge. The book adapts the author's teaching notes, developed over many years, with added extras around the subject to help in greater understanding.

The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law. The annual publishes leading articles, casenotes and comments, as well as book reviews dealing with international trade and business law issues. The text is supervised by an international board of editors consisting of leading international trade law practitioners and academics from the European Community, the United States, Asia and Australia.

This is one of the first volumes that uses economic tools to analyse and evaluate law and policy in India. Applying economic theories such as incentive analysis, cost benefit studies, and game theory, the essays in the volume negotiate contentious issues in law including property, contracts, torts, nuclear liability regime, bankruptcy law, criminal

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015. This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

"This book brings together leading construction industry and legal experts to discuss key elements of the partnering process, reflecting the collaborative approach that is essential to the success of partnering, this book is split into two broad sections covering industry and legal perspective."

Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

'Essential Law for Marketers' offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations, providing expert guidance on crucial issues for the busy practitioner.Each chapter in the book offers, in simple English, full analysis of the law on each subject, and illuminates it with numerous examples and cases taken from current industry practice. It also offers helpful tips and suggestions for 'keeping it legal' without losing sight of the overall commercial objectives. Uniquely written from the practitioner's point of view, the text is structured to offer a complete and accessible picture of how the law can impinge on the job: < LI> 'Point of law' offers clear legal definitions or shows the generic application of a legal point in a real life context< LI> 'Law in action' outlines actual legal cases and their outcomes, with full referencing for the case available on the companion site< LI> 'Insight' offers background information, providing a broader practical or commercial context for a legal topic< LI> 'Checklist' at end of each chapter itemises the key issues to bear in mindEssential Law for Marketers covers all the key issues facing those working in the media. From making claims and statements, copyright, defamation, promotion and advertising, through to lobbying, cybermarketing and ambush marketing, it is an invaluable reference guide for anyone working within the sector. It also functions as an excellent learning resource for all marketing students who need to appreciate the legal implications of industry practice.SOME LEADING ENDORSEMENTS: "Few marketers have a full grasp of the law andlegal matters rarely feature in marketing training. They will be grateful to Ardi Kolah for bringing English law into the marketing context in such a straightforward manner. An admirable introduction." - Professor Tim Ambler, London Business School"Essential Law for Marketers is a seminal work on the subject. Agencies and clients can more effectively manage their marketing and communication activities by taking on board the information and lessons contained in this excellent book." - Raoul Pinnell, VP Global Brands & Communications, Shell International Petroleum Company"This book really is essential reading for all marketers and indeed for all general managers. It fills a major gap in the market and its many examples give a very practical guide to the intricacies of legal rights and responsibilities." - Sir Paul Judge, Judge Institute of Management, Cambridge University"Comprehensive, well written and easy to read. All the marketer ever needed to know about the legal and regulatory frameworks. A truly essential guide which I would recommend unreservedly." - Claire Watson, Director General, The Marketing Society"A clear and easy to use approach to marketing law ... As a small business it gives me the courage to make certain decisions without the immediate advice of a lawyer." -Cameron Leslie, Managing Director, Fabric"If you want to know the essentials of marketing law, then you'll find them here - an immensely valuable read..." - Commodore Richard Leaman OBE, Director of Communications, Royal Navy "Essential Law for Marketers is essential reading for all students and professionals of marketing. Packed with examples and written specifically for a marketing audience, it is the mostcomprehensive work on the subject and we're delighted to recommend it as an approved CIM text book to all our members." - Mike Detsiny, Chartered Institute of Marketing"Essential Law for Marketers is a timely and thorough guide to the current legislation that affects the practice of marketing ... Clear and concise, the book provides essential references and real-life examples to cover every marketing situation." - Tess Harris, Worshipful Company of Marketors"Ardi Kolah's legal knowledge and his insight into marketing strategy combine to set the industry standard. This book will appeal not just to marketers but to everyone involved in brand marketing and communication." - Ian Wright, Group Communications Director, Diageo Plc"Understanding the law has become strategically important to the practice of modern communication . Ardi Kolah presents the authoritative work on the subject, providing practical advice on how to integrate the communications power of the law into marketing and PR campaigns." - Chris Genasi, Director of Strategy, Weber Shandwick "This is an extremely useful book . Students of CIM and CAM will find this a painless overview of a topic which could bring them grief. Thanks to this book, they are less likely to be caught out in a legal difficulty over marketing." - Jeremy Baker MBA (Harvard), London Guildhall University"Essential Law for Marketers is required reading for anyone involved in sponsorship management and practice." - Stephen Proctor, Founder, Sports Marketing Surveys "It's a very good read. It's clear, simple and straightforward and you don't have to be a lawyer to understand it. The title sums it up - it's essential reading!" - Richard Forbes-Robertson, CEO,Phosphorus"Ardi Kolah is one of the industry's most accomplished public relations and marketing practitioners and has produced a well written and easy to understand guide to the law ... I've no doubt the book will become the standard reference work on the subject." - Colin Farrington, Director General, Institute of Public Relations"Ignorance is no excuse - its every marketer's responsibility to understand how the law affects them. Covering everything from cookies to copyright; data protection to defamation and lobbying to libel, Essential Law for Marketers is a unique and comprehensive reference of all these areas. If you want to avoid visits from trading standards, brushes with the Advertising Standards Authority, litigation or worse...you must read this book." - Ian Hunter, Marketing Director, Fujitsu Services"If you want an intelligent overview of the application of the law for marketers, then this is it. It should have been around years ago ..." - Andrew Marsden, Category Director, Britvic Soft Drinks"This book is a definitive guide, for busy marketers, of the potential minefield of legal issues that they must navigate during the course of performing their job." - Paul van Barthold, Managing Director, BLM Media"Ardi Kolah's Essential Law for Marketers has been written with the legal virgin in mind ... This book is full of practical tips and suggestions that will also be relevant to the seasoned campaign director and is sure to prove essential reading for anyone in the advertising industry who needs to get up to speed with this complex area." - Claire Beale, Deputy Editor, Campaign"When building a business the last distraction you want is the legal implications of managing andpromoting your brands. Few agencies are always on top of the type of detail you need to know about to stay on the right side of the law and ensure you don't damage the brand ... This book is an essential guide to law, written for the marketer and is both interesting to read (amazingly) and has the right level of detail." - Charles Fallon, Partner, Strategy & Investment Partners LLP and former Director, Saatchi & Saatchi Advertising UK"With its readable style and lively use of business examples, Essential Law for Marketers should find a home in the bookcase of all practitioners of the black arts of business communications." - Andy Smith MCIJ MIPR, President, Chartered Institute of Journalists"Ardi Kolah has captured many of the substantial legal issues that marketers could face as regulation and compliance standards increase. This book offers clear explanations of relevant law, with examples and practical advice for maintaining marketing momentum.....' - Professor Merlin Stone and Bryan Foss, IBM Financial Services Sector

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

This book describes and assesses an emerging threat to states' territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends - the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state's public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

This book is a detailed overview of the corporate and financial laws of Korea and analyzes current issues within those fields from both academic and practical perspectives, providing a unique tool for understanding Korean law in a business and financial context. The approach of the book is two-fold. On the one hand the book offers valuable insight into the fundamental principles of Korean business law, and landmark cases in the field. On the other hand there is extensive analysis of more recent developments and of current issues raised by recent court cases. The book combines coverage of Korean corporate law and Korean financial law and includes detailed examination of corporate law issues such as director liability, minority shareholder protection, and the dynamic practice area of mergers and acquisitions, and of financial law topics, including private equity, structured finance and foreign financial institutions. A rich and extensive resource with insight from leading scholars and practitioners, Korean Business Law will be of great benefit both to lawyers who have clients with business interests in Korea, and to scholars of international corporate law and governance. Contributors: B.S. Black, B.R. Cheffins, A.Z. Chen, J. Cho, H.J. Kang, T.D. Kang, H.-J. Kim, H. Kim, S.G. Kim, M. Klausner, K.H. Moon, H. Oh, S.-J. Park, A.C. Pritchard, H.-J. Rho, E.Y. Shin

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers' interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible. Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU. The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.

Commercial Law has established itself in the market as the leading text for undergraduate and postgraduate students of commercial law topics, with a reputation for considerable accuracy and detail. The new edition continues the emphasis on aspects of 'good faith' and the protection of reasonable expectations as key emerging themes but also focuses on the emergent theme of internationalisation, with particular reference to the moves to develop a "European" contract law. Online Resource Centre The book is complemented by a website providing updates to ensure students are kept aware of legal developments, as well as web links to useful resources.

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.

Timely and accessible, this is the only available comprehensive review of the goals, operation, and history of the U.S. antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round World.

Mastel, a former congressional adviser to U.S. trade negotiators, brings a unique expertise to the subject, having been involved in the creation and the analysis of the laws. He brings fact to bear on the sometimes heated debate over the merits of antidumping laws and the impact of the Uruguay Round upon U.S. antidumping laws.

Thoroughly documented, the book features charts and international case studies (including the steel, electronics, ball beatings, cement, and agricultural products industries) the at resent the historical and economic record of U.S. antidumping laws. In addition, the complete text of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is conveniently reproduced in the appendix.

This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.

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.

Due diligence is the bedrock of real estate deals, regardless of the volume of transaction. This book presents a comprehensive guide to understanding and implementing due diligence and making an accurate assessment of the risks. While this process has become a "no-brainer" for investment professionals, the market standard on this essential topic has not yet been laid out in a comprehensive form that covers all the major aspects of real estate due diligence: legal, tax, financial and technical issues. This book fulfils that need, and gives it a form that can be used for German, European, or even international transactions. Written in a reader-friendly fashion, the easily navigable chapters are organized into the four due diligence dimensions, with ample examples and key takeaways. Be they real estate investors, or a management students specializing in the asset class, this book is a core resource for anyone wanting to get to grips with due diligence.

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.