This book offers a comprehensive introduction to the developmental history and structural framework of Chinese competition law from a law and economics perspective. It examines the philosophical foundations, the substantive law, and enforcement issues concerning competition law and policy in China by pursuing an economic and comparative approach. Further, the book presents and analyzes competition cases involving monopolistic agreements, abuse of dominant position, and concentration. The book will help professionals and business practitioners to understand the distinct features of competition law and policy in China, and how the substance and enforcement of the law can be compared with competition regulations in the US and EU from an economic perspective. Given its scope, it offers a valuable guide for academic, public sector and professional audiences alike, and will appeal to researchers, students and anyone with an interest in economic law and policy in China. The book can also be used as reading material to accompany courses such as China's Competition Law and Policy, Comparative Competition Law, and Market Regulation in China for foreign students studying Chinese law and policy at the undergraduate, graduate and doctoral levels.

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.

Traditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts.Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court?The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases.Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists.

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 consists of a careful analysis of the comparative advertising directive, giving background both to the regulation of comparative advertising in the United Kingdom and Germany and to the passing of the directive. It will bring to a UK reader the latest in thinking on comparative advertising from Germany, where the directive has been the subject of very extensive recent debate. The book also has four appendices in which UK, German and European material is given (all in English). The directive applies to any advertisement (or indeed any representation of any kind made to promote goods or services) that explicitly or implicitly identifies a competitor. It therefore has the potential to regulate such claims as "the best bookseller in Oxford" and could have a dramatic effect on UK advertising practice. It is an important first step in the Commission's programme of unfair competition harmonisation.

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.

This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts - especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers' choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?" by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com. All three open access chapters were funded by BIPAR.

Making Commercial Law Through Practice 1830-1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

In the political fight over copyright, Internet advocacy has reshaped the playing field. This was shown in the 2012 'SOPA blackout', when the largest online protest in history stopped two copyright bills in their tracks. This protest was the culmination of an intellectual and political evolution more than a decade in the making. This book examines the debate over digital copyright, from the late 1980s through early 2012, and the new tools of political communication involved in the advocacy around the issue. Drawing on methods from legal studies, political science and communications, it explores the rise of a coalition seeking more limited copyright, as well as how these early-adopting, technology-savvy policy advocates used online communication to shock the world. It compares key bills, congressional debates, and offline and online media coverage using quantitative and qualitative methods to create a rigorous study for researchers that is also accessible to a general audience.

Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing Knowledge Commons framework with Helen Nissenbaum's Contextual Integrity framework. The multidisciplinary case studies show that personal information is often a key component of the resources created by knowledge commons. Moreover, even when it is not the focus of the commons, personal information governance may require community participation and boundaries. Taken together, the chapters illustrate the importance of exit and voice in constructing and sustaining knowledge commons through appropriate personal information flows. They also shed light on the shortcomings of current notice-and-consent style regulation of social media platforms. This title is also available as Open Access on Cambridge Core.

This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.

This book presents a critical reassessment of theories of property rights, in response to conflicts and competition between different groups, and the state. It does so by taking an institutional political perspective to analyse the structures of property rights, with a focus on a series of case studies from Bangladesh. In doing so, the book highlights the importance of property rights for economic growth, why developing countries often fail to design property rights conducive for economic development, and the strategies required for designing an efficient structure of rights. Since property rights falls within the domain of Law and Economics, the book ventures to explain legal issues from an economic perspective, resulting in empirical analysis that comprises both legal and non-legal cases.

This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.

The aviation industry is being transformed by the use of unmanned aerial vehicles, or drones - commercially, militarily, scientifically and recreationally. National regulations have generally failed to keep pace with the expansion of the fast-growing drone industry. Aviation Law and Drones: Unmanned Aircraft and the Future of Aviation traces the development of aviation laws and regulations, explains how aviation is regulated at an international and national level, considers the interrelationship between rapidly advancing technology and legislative attempts to keep pace, and reviews existing domestic and international drone laws and issues (including safety, security, privacy and airspace issues). Against this background, the book uniquely proposes a rationale for, and key provisions of, guiding principles for the regulation of drones internationally - provisions of which could also be implemented domestically. Finally, the book examines the changing shape of our increasingly busy skies - technology beyond drones and the regulation of that technology. The world is on the edge of major disruption in aviation - drones are just the beginning. Given the almost universal interest in drones, this book will be of interest to readers worldwide, from the academic sector and beyond.

This book explores food traceability in raw materials, additives and packing of the dairy sector and it provides an accessible and succinct overview of the new Extended Traceability (ExTra) software. In this work, the authors present several practical examples of extended food traceability for edible products and food-contact materials in the cheese-making industry. Readers will also discover a summary of the existing legal and regulatory requirements for food traceability in Europe. This book will appeal to a wide readership, from academic researchers to professionals and auditors in industry working in quality control, food and packing traceability, and international regulation.

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.