Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and non-legislative regulatory solutions.

The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene't and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene't for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities "for the bene't and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment." In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.

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.

Although cross-border industrial sub-contracting is the main tool of industrial organisation in the global economy, practitioners in this important field are significantly hampered by a lack of uniform rules. This book offers a first step in discerning and formulating a framework for such rules, based on the experience of counsel for both contractors and sub-contractors in over twenty countries worldwide. It consists of the final papers, subsequently revised by the presenters, delivered at a conference held in Florence, in February 2000, under the auspices of the Union Internationale des Avocats (UIA) and the Association Internationale des Jeunes Avocats (AIJA). Other essays present the basic legal issues from a comparative perspective and clarify the fundamental distinctions in the points of view of the contractor and the sub-contractor. Individual contributions from practitioners in twenty countries (encompassing EU countries, the United States, Central and Eastern Europe, and the Asia-Pacific region) detail applicable domestic laws so that the user can determine points of difference, common aspects, and potential pitfalls in most of the world's major industrial sub-contracting jurisdictions. "Handbook on Cross-Border Industrial Sub-Contracting will be of great value of lawyers and business people everywhere engaged in this all-important area of today's legal practice.

Personal debt remains an important factor in many economic models because it encourages people to use debt to finance consumption. Whether this model is sustainable for individuals or the countries in which they reside is an ongoing question of great complexity and many social and economic implications, not only for the burdened individuals and their countries, but also for the EU as a whole. In Personal Debt in Europe, Federico Ferretti and Daniela Vandone examine the 'dark side' of personal debt, or over-indebtedness, in social and economic terms, and legal terms. They employ cross-country consumer-level data to present the latest empirical studies on the problem, analyse these findings to better understand its nature and causes, and discuss the merits of proposed insolvency legislation and harmonisation initiatives in the EU.

This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. The book's authors range from global leaders to rising stars in the field, all of whom shed light on complex questions of financial sector regulation theory and practice in key economies ranging from the EU to China. Key topics include the role of law in constituting financial markets, the efficiency of markets, the role of interest groups in shaping financial regulation, the interdependence and interactions of international financial regulation with international trade and monetary regimes, and problems of regulation in state capitalism economies. This exciting volume opens the road for further enrichment of the academic and policy-making dialogue on financial regulation and regulatory practice, and reflects new trends in legal and social-science scholarship.

A decade after the Global Financial Crisis and Great Recession, developed economies continue to struggle under excessive household debt. While exacerbating inequality and political unrest, this debt - when combined with wage stagnation and a shrinking welfare state - has played a key role in maintaining economic growth and allowing households faced with rising costs of living to make ends meet. In Bankruptcy: The Case for Relief in an Economy of Debt, Joseph Spooner examines this economic model and finds it increasingly unsustainable. In a call to action to reduce debt burden, he turns to bankruptcy law, which is uniquely situated as a mechanism of social insurance against the risks of a debt-dependent economy. This book should be read by anyone interested in understanding the problem of consumer debt and how best to address it.

The treatment covers such topics as:
- allocation of risk;
- the FIDIC "flow chart" for settling disputes;
- post-completion responsibility of the parties;
- disputes relating to non-contractual claims;
- allegations of fraud or gross negligence;
- dealing with bribery and extortion;
- delay and disruption;
- proving entitlement to extension of time;
- right to deduct liquidated damages;
- changed conditions;
- rights of subcontractors and suppliers; and
- unforeseeability.

Since the ratification of the Hague Trust Convention by the Netherlands and Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business and Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts and to provide guidance as to how these developments can be framed in different legal and socio-economic contexts. This book provides a detailed analysis of these principles both from a common law and a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts and fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.

The uniqueness of this book is its conceptualization of a corporate group as a system of interaction, comprised of nodes, links and internal governance tools. This framework can be used to understand what constitutes a group, based on affiliation-linkages. By increasing our perception of group-structuring we can assess the extent to which existing laws address all variables. If the law does not consider certain variables to be used for identifying groups, a case of shadow business may be identified. Group-transparency is a recurring topic on the regulatory agenda. In this book, three legal domains are analysed questioning whether specific amendments have led to increased group-transparency: the control-definition for consolidated accounts, shareholder-transparency in company law, and major holding disclosure in listed companies. This book identifies deficiencies of the law in obtaining its regulatory objective of group-transparency, and proposes an interpretative solution based on Systems Thinking.

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

An easy to use guide to the Companies Act 2006 and packed full of helpful features, this book provides detailed commentary on the new Companies Act.

Offering a chapter by chapter analysis of the legal and practical implications of the Act, the author traces the background to the act, considering the various Consultation Documents and White Papers issued by the Government, the proposals for company law reform and their culmination in the Company Law Reform Act.

It contains:

• helpful checklists for the busy practitioner
• section by section commentary
• useful appendices of materials and extracts on an accompanying Companion Website.

This is an invaluable and handy resource for undergraduate students and practitioners studying or working in business and company law.

There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.

The 2003 volume of the Comparative Law Yearbook of International Business deals with a variety of topics in the field of commercial law. These range from mergers in Nigeria and joint ventures in Thailand and Hungary to the fight against corruption on an international level, as well as corporate fraud in the United States, with attention being focused upon the new Sarbanes-Oxley Act of 2002. Some authors have dealt with subjects that involve finance, such as foreign investment in e-commerce in China, employees' stock purchases and option plans in the United States, pension funds in Nigeria and preferential tax regimes in Madeira. There is also a review of the Agreement on Trade-Related Investment Measures. Other popular areas of commercial law that are covered in this volume include consumer protection in Bulgaria and alternative dispute resolution. Arbitration in Paraguay is discussed, along with the conducting of mediation by legal professionals. In addition, European Union law arises in relation to the likelihood of association, with another chapter detailing the economic association between Mexico and the European Union. The Commentators in this book are leading professionals in their respective fields and the interesting mix of topics should be of value to those involved in business in the international arena and their legal advisers.

A concise presentation of the authors' first-hand experience with the procedural history of the Iran-United States Claim Tribunal in The Hague. The authors' analysis can be divided into three major themes, the first being the examination of the establishment of an arbitral tribunal. It investigates the first intent of the UNICITRAL framers, as evident from the travaux preparatories, and then inspects how the rules were interpreted, changed and applied in the Tribunal. Part Two includes the Arbitral Proceedings, including but not limited to pleadings, rulings, interim measures of protection, and default and waiver. The concluding section comprises awards and decisions, applicable law, motions and costs.

In its most advanced form, e-commerce allows unidentified purchasers to pay obscure vendors in 'electronic cash' for products that are often goods, services and licenses all rolled into one. This book considers the implications for the domestic and international tax systems of the growth of e-commerce. It covers a wide variety of activities, from discussion of the principles governing direct and indirect taxation, to explanation of the implementation and use of e-commerce on the part of businesses as well as the application of existing tax principles in this field. With its focus on the broader issues surrounding the expansion of e-commerce and its attention to the problems arising internationally in this field, Global Perspectives in E-Commerce Taxation Law will appeal to scholars worldwide.

Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests detracts from the concerns of employees or victims of corporate wrongdoing or other stakeholders. Stephen Bottomley argues that instead of consigning shareholders to this passive role, they should be given opportunities to be active members of corporations. Corporations are constitutional arrangements rather than mere contractual agreements. They are decision-making organizations in which questions of process and structure are important. Thus, instead of using economic criteria such as efficiency as the sole measure for deciding what constitutes 'good' corporate governance, this book examines whether ideas of accountability, deliberation and contestability provide a valuable framework for assessing corporate structures and process and for encouraging greater shareholder participation.

The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.

Der Autor untersucht unter Berucksichtigung der Neuerungen durch das SanInsFoG, ob die mit der drohenden Zahlungsunfahigkeit i. S. d. 18 InsO verbundenen rechtspolitischen Ziele des Gesetzgebers erreicht wurden. Dabei nimmt er zu bisher wenig beachteten Rechtsfragen im Zusammenhang mit den Eroeffnungsgrunden nach 17 ff. InsO Stellung, entwickelt eine eigene Prufungssystematik fur den Tatbestand des 18 InsO und unterbreitet einen Reformvorschlag zur Abloesung des 19 InsO. Er beleuchtet die bestehenden Anreize fur eine fruhzeitige Verfahrenseinleitung mit Fokus auf die gesetzlichen Sanierungsinstrumente sowie die Konkurrenzsituation zum StaRUG und unterbreitet fur klarungsbedurftige Einzelfragen Loesungsvorschlage. Der Autor stellt fest, dass de lege lata kaum geeignete Anreize zur Foerderung einer Verfahrenseinleitung bereits bei drohender Zahlungsunfahigkeit vorhanden sind und der Gesetzgeber daher das mit 18 InsO verfolgte Ziel nach wie vor verfehlt. Anschliessend prasentiert er konkrete Vorschlage zur Weiterentwicklung des geltenden Rechts de lege ferenda.

There is hardly an aspect of internet music promotion, sale and distribution which does not have a legal dimension. Since the stakeholders in the process includes artists, their managers, music publishers, record companies, distribution companies and the consumer, the law relating to internet music distribution is extremely complex. Andrew Sparrow's Music Distribution and the Internet provides those connected to the music and media industries with a guide to the legal requirements they must meet, answering questions such as: c How should you conclude contracts with consumers over the internet? c What are the various legal terms and conditions that should govern the sale of physical product to online music buyers? c How should a website user's personal information be handled? c What limitations are there on the way this data may be used for ongoing marketing of an artist's work or the merchandise associated with it? c What are the latest copyright laws in this area and how do they apply to the internet? The book provides practical advice on how to approach key relationships with the internet buying consumer and other online media providers. The law is explained in straightforward terms and applied throughout in a music business context. Music Distribution and the Internet is an essential reference for anyone seeking to exploit and protect their rights and those of their artists in the rapidly expanding, constantly evolving and fascinating arena that is new media.

International Arbitration in Latin America features:
- a comprehensive and thorough overview of commercial arbitration in Latin America;
- a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and Venezuela;
- a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, whose eventual ratification and coming into force is contemplated;
- an examination of the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region;
- the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and,
- a description of the increasing use of alternative dispute resolution in Latin America and how it might be bes used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017-2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as 'fuzzy logic' in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

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

Cavendish lawcards are complete pocket sized guides to the key examinable areas of law. Their concise text, user-friendly layout and compact format makes them the ideal revision aid for identifying, understanding and memorizing the vital aspects of each area of law. Important features of the new edtion include:

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• New four colour text design for easier navigation throughout each book
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• Colour coded highlighting of cases and legislation
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• Diagrams and flowcharts
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• Bullet points of crucial information