This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship's delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.

This book focuses on a central success factor for family businesses: maintaining the decision-making ability over generations while not jeopardizing the business due to family conflict, inefficient governance structures, or lack of identification. The authors identify that this is not as easy as the endeavor to bring two social systems together with contradicting logic (family and business) leads to many dangerous pitfalls. This book presents outcomes of a unique research project in which family managers of eleven of the oldest and largest German family businesses, at least the fourth generation, met for more than three years on a regular basis and presented the essence of their family governance structures to each other and to the authors. It was a joint "learning journey" that admits identifying twelve core questions that these families had been answering to keep up the relationship between family and business successfully over generations. Obviously, there is no "right" answer to these questions. The key to success is rather engaging the families in a process to find out their own answers and make them aware of the "two sides": being a family is different from being a business family.

Biotechnology has prompted a revolution in science and society in the truest sense of the word. For what superficially appears to be a revolution in biotechnology, in effect touches upon the fundamentals of life and the way in which humans relate to it. This book will make a significant contribution to the debate surrounding the effective regulation of biotechnology. The contributing authors assess how regulatory regimes can accommodate the many different and often conflicting issues to which biotechnology is giving rise to (including a very tainted public image). The book's ultimate aim is to explore ways of designing a regulatory regime that takes heed of these different demands whilst, at the same time, answering to the imperatives of effectiveness and efficiency. The book synthesizes three fields of legal analysis; the first focuses on the risk-dominated regulation of GM food and bio-agriculture; the second involves human genetics as a field dominated by considerations of ethics. Finally, patent law has been chosen as an area captured by notions of property. With its holistic approach, The Regulatory Challenge of Biotechnology will be of great interest to academics, policymakers and regulators as well as biotechnology and law students.

This detailed study presents an accessible examination of how upstream petroleum activities are regulated in developed and developing petroleum countries. It includes a particular focus on the granting of access to petroleum resources, and incorporates a thorough consideration of the concept of Lex Petrolea. Different countries utilize a variety of legal models for regulating the exploitation of petroleum resources and two internationally recognized systems of managing natural resources are salient: concessionary systems and contractual systems. Expert contributors provide a detailed and insightful overview of the licensing and concession system that is used to award access to petroleum in many countries. They address topics such as auctions and work program bidding, and consider contexts such as offshore petroleum and the Russian system. The book considers the international nature of petroleum, alongside how licenses are granted under the bid and discretionary system. It includes a comparative analysis of the award of licenses in the countries discussed. This discerning and comprehensive work will be a useful entry point for students embarking study in petroleum law. Academics will find this timely examination to be an indispensable overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources. Contributors: S.W. Amaduobogha, O.L. Anderson, K. Fletcher-Johnson, G. Gordon, T. Hunter, A. Kompaniets, S. Kozuka, C. Kulander, E. Nordtveit, J. Paterson, E.G. Pereira, K. Svendsen, A. Wawryk

The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager's goals are to protect the interests of the company and its shareholders by minimizing the company's financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced "don't-trade-a-dollar-for-a-penny" contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to "reinvent the wheel." Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

A comprehensive and accessible guide in Business Law that is also suitable for non-students. Business Law, 9th edition by Ewan MacIntyre is a comprehensive guide to the subject, aiming to help you gain a deeper understanding of the legal principles that apply to business. This text is ideal for students who study Business Law in a wide variety of courses, such as business or accountancy-related, as well as professional or post-graduate courses that require a thorough grounding in the specific field. The book covers most areas in an academically rigorous way but is written in a language that is straightforward and easy to understand. This edition provides an in-depth, up-to-date treatment of the law, with significant updates in many cases that reflect changes in the legislation - especially EU law. Key features include: Comprehensive content: covers a wide variety of business law subjects, including Employment, Consumer Credit, and Intellectual Property. A clear outline: helps you organise your studying of the topics efficiently and fully grasp all aspects of the subject. Key points and tasks: encourage you to apply what you have learned to business situations. Multiple-choice and in-depth problem questions: allow you to consolidate your understanding and learning of the topics. Easy to read and with a range of references to support your understanding of the subject, this textbook offers full coverage of the theory and practical applications in Business Law.

Vessels very frequently serve under a long chain of charterparties and sub-charterparties. When this is the case, the legal issues are more convoluted than they might at first seem. Incorporation clauses are commonplace in bills of lading used in the tramp trade due to the desire to make this web of contracts back-to-back. The extent to which the terms of the charterparty referred to can be carried across to the bill of lading has, over the centuries, been hotly disputed in many jurisdictions. Entirely dedicated to the topic of the incorporation of charterparty terms into bills of lading, this book discusses and analyses the legal and practical issues surrounding this topic under English and US law. Through discussions on the incorporation of a wide range of different charterparty terms, the book combines the peculiar and sophisticated rules of incorporation with the legal and practical issues concerning shipping, international trade, arbitration and conflict of laws and jurisdiction.

This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.

Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance and privacy. With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law. Contributors include: A. Bridy, N.R. Cahn, I. Calbol, M.W. Carroll, C.M. Hayes, S.J. Hughes, A. Katz, J.P. Kesan, N.S. Kim, C.L. Kunz, A.R. Levinson, D. Lindsay, C. Markou, S.T. Middlebrook, J. Moringiello, E.A. Morse, J.P. Nehf, C. Riefa, S.E. Rolland, J.A. Rothchild, A.J. Schmitz, D.J. Shakow, S.B. Spencer, H. Travis, M. Trimble, A. Vranaki, S. Walsh, J. Winn

This edition of the Comparative Law Yearbook of International Business provides ageneral examination of issues vital to the world's economic recovery. In the field ofcompany law, practitioners examine changes in Russia's corporate law and the newUkrainian law governing joint-stock companies. In the area of competition law, lawyersreview Serbia's and Bulgaria's new laws on the protection of competition and theprivate enforcement of Articles 101 and 102 in Europe's national courts.Dispute resolution occupies two chapters, one dealing with best practices for draftingarbitration clauses and the other set aside, recognition, and enforcement of privatecommercial arbitration awards. A further two chapters treat employment and labormatters relating to distribution and commercial representation, indemnity upontermination, and processing personal data in the employment context in Hungary. Inthe area of financial services, practitioners from five jurisdictions deal with fiduciaryduty, the European Commission's proposed Directive on Alternative InvestmentFund Managers, Swiss disclosure rules on significant shareholdings, restructuringand refinancing routes for mortgage-secured debt in Spain, and insurance laws andregulations in Nigeria. Foreign investment is examined by two authors, reporting on2008 and 2009 developments in investment treaty disputes and foreign investmentin Indonesia. Intellectual property issues are reviewed in chapters relating to the useof intellectual property as collateral in secured financing and intellectual propertylicensing in Canada. Finally, lawyers treaty a variety of other issues, including the taxlaw of Liechtenstein, European Union-Israel trade in the automobile sector, insolvencyrisk and creditors' rights in Peru, the modernizing of trust law in Hong Kong andbridging cultural differences in international transactions.

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.

This book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.' - Paul Craig, St John s College, Oxford'The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.' - Siim Kallas, Former Vice President of the European Commission 2004-2014 How has the EU's economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages. This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis. Contributors: J. Faull, C. Geiger, F. Hoffmeister, M.S. Jansson, H. Kalimo, T. Lahti, I. Lejeune, M. Meulenbelt, K. Olkkonen, J. Salminen, A. Strub, J. Strupczewski, J. Vaario

Explore the key aspects of business law through accessible, engaging real-life cas Law for Business Students, 12th edition, by Adams, Caplan and Lockwood provides you with contemporary and comprehensive coverage of the fundamental legal principles relating to the business environment. It introduces legal concepts to non-law students in a practical and engaging way through real-life cases relevant to the business world. The book offers a range of features to help you understand, apply and analyse legal concepts, including scenarios to encourage the development of opinions and application of relevant legal concepts. The 'Worth thinking about' sections provide discussion points to analyse within the classroom, while 'Exam tips' help revision practice by pointing to areas of the law which are likely to appear in exam questions. The new edition has been thoroughly updated to cover legal developments in a range of diverse areas relevant to the core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance, and dissolution. It reflects the changes in the law as a result of Brexit, as well as Covid litigation arising in relation to employment rights. This title also has a Companion Website.

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 stands out from others on media law by emphasising the increasingly important regulatory and European aspects, and focussing less on more traditional common law topics. The authors take a comparative approach, using material from the USA and Commonwealth jurisdictions, as well as looking at relevant aspects of Human Rights law. The commentary is comprehensive and critical, introducing you to the wide range of technical and policy questions which are posed in the field of media law.

When courts 'pierce the corporate veil', they disregard the separateness of the corporation and hold a shareholder responsible for the corporation's action as if it were the shareholder's own. Although as a general rule the courts are reluctant to allow corporate veil piercing, creditors of an insolvent corporation frequently attempt to hold the shareholders liable when they cannot obtain satisfaction from their debtor. In the United States, in fact, piercing claims constitute the single most litigated area in corporate law.This study clears up some of the mists hanging around the concept of corporate veil piercing. What exactly is corporate veil piercing and in which situations does it occur? What are the legal rules involved? Following a short overview of the applicable law in the six legal systems that are the subject of this study-those of Belgium, the Netherlands, France, Germany, the United Kingdom, and the United States-the author proceeds with a more profound analysis from a functional comparative perspective, starting from particular situations that typically call for shareholder liability for the debts of subsidiary companies.Among the grounds for veil piercing claims the author discusses the following, along with the substantive and procedural law and important cases associated with each in the six jurisdictions covered: undercapitalization; asset stripping; undue continuing of loss-making activities; and dentification or the consideration of the corporate group as an economic unit. In the course of the presentation, a thorough analysis of legal scholarship in the area leads to numerous applications of the various theories and doctrines that can be brought to bear on veil piercing cases. In addition, an in-depth discussion of the international dimension of corporate veil piercing focuses on the question of which laws should govern the liability of a parent corporation for the debts of its subsidiary. Throughout, the author's clear insight into the substantive law of veil piercing sheds light on traditional misconceptions in the conflict of laws on the issue.She also details initiatives undertaken by various international bodies, including the United Nations, the Organization for Economic Cooperation and Development, the European Union, the International Court of Justice, and the International Labour Organization.Dr Vandekerckhove's study is the most comprehensive, far-reaching, and up-to-date study of this important growing area of corporate law practice. As such it will prove of great value to practitioners, judges, and academics in the field, and will prove its worth anywhere in the world where the presence of multinational corporations is felt.

Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee's purview. This book analyzes in detail the items being considered by ICAO's Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO's scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.

This book provides a concise and pragmatic introduction to transfer pricing. Approaching the subject from an economic and business perspective, it familiarizes the reader with the basic concepts without getting sidetracked by tax law. In turn, the book draws on case studies to demonstrate the identification and application of appropriate transfer pricing methods for the most common intercompany transactions. The intuitive step-by-step guidance, together with integrated Excel-based tools, will equip the reader to ensure compliance with the arm's length principle and thus to minimize tax risk. Based on the post-BEPS OECD Guidelines, the book's content is applicable to a global context.

To what extent did English law facilitate trade before the advent of general incorporation and modern securities law? This is the question at the heart of Capitalism before Corporations. It examines the extent to which legal institutions of the Regency period, especially Lord Eldon's Chancellorship, were sympathetic to the needs of merchants and willing to accommodate their changing practices and demands within established legal doctrinal frameworks and contemporary political economic thought. In so doing, this book probes at the heart of modern debates about equity, trusts, insolvency, and the justifiability of corporate privileges. Corporations are an integral part of modern life. We bank with corporations, we usually buy our groceries from them, and they provide us with most news and media. We take it for granted too that most large-scale business, and even much small-scale business, is carried out by corporations. Things were not always so. Televantos considers the Bubble Act of 1720, which criminalised the forming of corporations without a Royal Charter or Act of Parliament, its repeal in 1825, and the subsequent impact. Much of the modernisation of Britain's industry therefore took place before general incorporation was allowed. Unaided by statute, traders had to create business organisations using the basic building blocks of private law: trusts, partnership, and agency.

The globalisation of markets has pushed static, territorially-bounded legal structures towards a more rapid and efficient adaptation to the globalised and regionalised reality. In addition, substantial modifications in the structure and activities of financial institutions have increased risks and the need for new regulatory responses. Efforts to harmonise commercial law within the global order have resulted in a fragmented and ad hoc process, constructed according to multiple different interests and in order to preserve public policies in the face of transnational challenges. This book is the first to systematically analyse the current state of commercial law from a global perspective. The author seeks to both identify the reasons that are fostering the harmonisation process and to explain the ways in which it is developing. Among the relevant elements examined in this thorough analysis are the following: how emerging countries are absorbing international standards (with a special case study of Brazil); the impact of corporate activities on legal systems; the role of the corporation in promoting the standardisation of laws; issues of social responsibility and corporate accountability; justifications for the regulation of the corporate world; free trade vs. "fair trade"; the impact of treaty reservations and different forms of treaty incorporation into national legal systems; interaction between regional trade agreements and the WTO system; how movements of capital are reflected in international initiatives as well as in regional legislation and regulation; co-operation among national financial authorities; the emerging new lex mercatoria; and, the role of professional associations such as the International Chamber of Commerce (ICC).

This book provides the first comprehensive analysis of the Panama Convention, its implementation legislation in the United States, and United States court decisions construing its provisions. By comparing the Panama and New York Conventions, it identifies important differences, such as the Panama Convention's mandatory application of the Rules of Procedure of the IACAC to ad hoc arbitrations and differences in the Conventions' provisions concerning the grounds for recognition and enforcement of arbitral awards. By comparing Chapter 3 of the Federal Arbitration Act with the other provisions of the federal act, this book exposes problems in the implementing law as well as ways in which Chapter 3 improves on the federal law implementing the New York Convention. Through a critical review of Convention jurisprudence in the United States, it highlights at last three areas in which the courts need to do a much better job: the Convention's field of application, application of the IACAC Rules, and differentiation between the New York and Panama Conventions.