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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
This text examines the increasingly important area of consumer protection law in an international context. The contributing authors are legal practitioners and scholars from a variety of jurisdictions who have focused on the intricacies of consumer protection in their countries. Consumers are often aware that they have rights when purchasing, but are not always sure exactly what those rights are. This book elucidates and clarifies the many confusing aspects of this area of law, giving special regard to service standards, testing, advertising claims, trade descriptions and price controls.
"Recht fur Manager" versteht sich als Leitfaden zu den rechtlichen Rahmenbedingungen einer marktorientierten Unternehmensfuhrung. Das Buch vermittelt dem Praktiker die notwendige Kenntnis der einschlagigen Rechtsnormen, gibt zugleich einen Einblick in die juristische Denkweise und ermoeglicht so kompetente Loesungen fur Problemstellungen im Spannungsfeld zwischen Management und Recht. Juristen bietet das Buch einen Einblick in die wichtigsten "juristisch gepragten" Entscheidungstatbestande einer marktorientierten Unternehmensfuhrung. Eine ubersichtliche Struktur, pragnante Darstellung und klare Sprache machen die Lekture leicht und angenehm.
Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Aysegul Bugra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.
Das Buch beinhaltet das betriebliche Basiswissen fur eine fundierte Unternehmensfuhrung. Das Grundwissen wird erganzt um Ausfuhrungen zur Wirtschaftspolitik und zum europaischen System der Zentralbanken. Behandelt werden auch die Bilanzansatz- und Bewertungsvorschriften nach International Accounting Standards (IAS) und Basiswissen zur Behandlung von Nachtragen bei Leistungsanderungen und Leistungsstorungen. Die Methoden und Anwendungsbereiche fur monetare Wirtschaftlichkeitsberechnungen und Nutzen-Kosten-Untersuchungen unter Einbeziehung auch nichtmonetarer Faktoren sowie die Darstellung der Anforderungen an die Unternehmensausrichtung fur das Unternehmensrating (nach Basel II) und an die Unternehmensfinanzierung zur Insolvenzvermeidung sind bestimmende Faktoren fur eine erfolgreiche Unternehmensfuhrung. Aufmerksam werden die Leser auch die neuen Ausfuhrungen uber die Auswirkungen von Schwarzarbeit und Korruption lesen. Fur wen ist dieses Buch nutzlich? Fuhrungskrafte mit dem Hintergrund einer Ingenieur- oder einer Architekturausbildung und einer juristischen oder betriebswirtschaftlichen Grundbildung, aber auch jene, die sich erst mit diesem Buch in die komplexe Materie im Spannungsfeld zwischen Jura, Betriebswirtschaftslehre, Immobilienwirtschaft und dem vielfaltigen Planen und Bauen einarbeiten wollen. Viel Wissenswertes, eine konzentrierte Quelle von wesentlichen bauwirtschaftlichen Zusammenhangen und technischen Darstellungen, fur ihre Praxisaufgaben. "
The Programme for the third Symposium on the International Art Trade and Law was developed by the Institute for International Business Law and Practice of the International Chamber of Commerce and its Chairman, Prof. Pierre Lalive who has also provided the Preface to this Volume. Under the auspices of the Institute, a Questionnaire was formulated and circulated. The collected materials were reproduced and distributed at the Symposium by the Amsterdam Chamber of Commerce. Reporters from thirteen countries responded to the Questionnaire. On the basis of these National Reports, General Reports were prepared and presented at the Symposium. Part One of this Volume includes: - Questionnaire covering Topics 1-5 - General information on a number of countries taken from the National Reports. Part Two is divided into five Sections, corresponding with the five Topics addressed in the Questionnaire: Topic 1. Freedom of museums to sell, trade or otherwise dispose of objects of art in their collection Topic 2. Freedom of collectors to sell or give away all or part of their collections Topic 3. Rights of artists and their heirs Topic 4. Auction sales and conditions Topic 5. International temporary exhibitions and insurance followed by Concluding Remarks by Prof. John H. Merryman.
Der Autor beschreibt alle Phasen eines Lizenzierungsprojektes, zeigt den Weg zur Auswahl des richtigen Produktes, beleuchtet m gliche Kostenfallen und beschreibt im Detail, welche Schnittstellen zwischen Produktmarketing, Vertrieb, Entwicklung, Support, Logistik und Hotline zu beachten sind. Es werden vor allem Softwarehersteller angesprochen, die eine elektronische Lizenzierung ihrer Produkte erstmalig einf hren oder derzeitige Verfahren am State-of-the-Art ausrichten wollen. Erfolgreiche Software-Lizenzierung ist kein reines Entwicklungsprojekt, sondern umfasst praktisch alle Bereiche eines Software-Herstellers.
Law for Project Managers provides an easily understandable and practical guide to the laws of contract, liability, intellectual property and so on, entirely from the perspective of the project manager. It will enable you to approach projects forewarned and forearmed, able to avoid potential legal problems altogether. The book covers everything from intellectual property disputes with the client organisation about who actually 'owns' the outcome, to confusion arising during an international project from the different legal systems and their approach to contracts and health and safety problems in the management of contractors. Most importantly, it explains everything in very straightforward terms; legal jargon is either avoided altogether or defined with its relevance to the project manager explained. In essence, Law for Project Managers is a clear, readable and expert guide on this and many other important legal matters for the practising project manager as well as a supplementary text for post- or undergraduate students studying the commercial aspects of law, contracting and project management.
The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
The current financial crisis is preoccupying business and politics like no prior crisis. The economic effects are being felt on global, European, and national levels and are forcing governments to take extreme counter-measures. The long-term goal is not merely stabilization but rather to stabilize the financial system. System stability requires a regulatory framework that can comprehensively prevent possible future crises. For the first time at a conference held at the Humboldt-University in Berlin, leading experts from the legal and economic academic fields discussed the common effects and impact of the financial crisis on the (future) economic system.
This book is intended as a contribution to the theory of contingent claim valuation based on arbitrage considerations. It is concerned with preference-free valuations of contingent claims (such as options written on a stock) in frictionless multiperiod securities markets that do not permit arbitrage profits. Besides the question of pricing it considers the possibility of hedging in securities markets. The research reported in this book was carried out at the Institut fUr Gesellschafts- und Wirtschaftswissenschaften, University of Bonn. While working in this field and preparing this monograph I received helpful comments and encouragement from many people, and I would like to thank all of them. Special thanks are due to Prof. Dr. Dieter Sonder- mann. He first stimulated my interest in the theory of contingent claim valuation and commented on my work at various stages. Furthermore, I would like to thank Profs. Martin Hellwig, Peter Schonfeld and Klaus SchUrger, all University of Bonn, for helpful comments on earlier ver- sions of this monograph. Parts of this monograph were presented at va- rious meetings including the European Meeting of the Econometric Socie- ty, Pisa 1983, the European Meeting of the Econometric Society, Madrid 1984, and the third Conference "Geld, Banken und Versicherungen", Karls- ruhe 1984. I greatly appreciate comments of Profs. Stephen Ross, Yale University, and Michael Brennan, UCLA. I take this opportunity to ex- press my indebtness to my colleague Dr. Shinichiro Nakamura for his con- stant encouragement during the laborious process of writing this mono- graph.
This revision guide is intended to serve as a complement to the textbook. Its aim is essentially to provide past examination questions set by the Institute of Bankers and the examiners' own answers together with past questions set at the City of London Polytechnic and other questions, with their answers. This gives the reader a wider range of topics which reflects the contents of the textbook, and permits of selectivity to meet need. It is suggested that as each textbook chapter is read, the relevant section in the Revision Guide should be attempted in order to test knowledge and understanding, thereby further enhancing the learning process. To facilitate this, the guide is set out section by section, to match the chapters in the textbook. Several sections are prefaced by introductions to bridge the gap between textbook and questions. In addition, questions are presented in succeeding order of difficulty so that readers can move from the less to the more complex at their own speed. November 1985 L. Waxman vii Passing the Examination The Banking Diploma Stage 2 Examination Finance ofInternational Trade. The Institute of Bankers Diploma examinations take place twice yearly, in April and September. Prospective candidates who wish to prepare themselves as thoroughly as possible and who are using the associated textbook to this revision guide will find the question and answers which it contains an indispensable means of preparation for the examination paper "Finance ofInternational Trade".
Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.
The need for suppressing the illicit traffic in drugs can hardly be over-emphasized. Yet, the licit uses of drugs, especially for medical and scientific needs, cannot be suppressed. Apparently, it is a ques tion of determining the vvorld requirements of drugs for such legiti mate uses, and of producing and manufacturing them accordingly. Owing to their multifarious medical uses in various parts of the world, it proves to be almost impossible to determine exactly the amount of drugs required for legitimate purposes. There is also the complicating factor that drugs are used for sociological and religious reasons, which have a long history. Not only arc the licit uses and legitimate amounts of drugs difficult to determine but also such difficulties give rise to illicit traffic in them. Yet, it is believed that a concerted international policy, coupled with national co-operation, on various facets of the related problems-namely, limitation of production and/or manufacture of drugs, restriction on cultivation of plants that may contribute to addiction-producing substances, training and rehabilitation of drug addicts, and efficient national administration-would help eradicate drug-abuse. In search of an appropriate remedy, this book has been devoted to a practical study of the problem and to exploring, in this area of international law, the relationship between the political and econ omic interests and the international economic order."
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.
Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.
The Franchising Code of Conduct (the Code) is a mandatory obligation for all systems operating in Australia, and takes a comprehensive approach to disclosure, relationship laws and dispute issues. Expert author and leading practitioner Peter Buberis takes a critical view of this regulatory framework, evaluating the threads that make up the Code that directs the franchising industry in Australia. Including chapters on the areas of disclosure, good faith, and intellectual property, Buberis takes a comprehensive approach in exploring the Code's development through its consideration and enforcement by the Regulator and the courts. Looking at recent case law, the chapters indicate continuing points of concern about the Code, and give cognisance to a recent Parliamentary review which may enhance its operation if adopted. For professionals in the franchising industry, and anyone looking to understand more about the Code that governs Australia's franchises, this is a comprehensive guide that engages and analyses this key piece of legislature.
European Banking and Financial Law Statutes presents all the key legislation for European banking and financial law in one student-friendly volume. This book is: * up-to-date with the law: based on the official consolidated texts of all relevant European instruments, this book provides a fully current collection of legislation * tailored to course outlines: content has been curated to align with European banking and financial law courses * exam friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use * easy to use: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation. Ideal for course and exam use, as well as for reference, this book is a perfect companion resource for student learning and exam success, which is especially tailored for use in combination with the European Banking and Financial Law textbook.
Kaum ein anderes Thema hat in jungster Vergangenheit fur mehr Unruhe in Rechtsprechung und Literatur gesorgt als die Haftung der Kreditwirtschaft im Zusammenhang mit der Finanzierung steuerinduzierter Immobilien- und Fondsanlagen. Das Buch erortert, analysiert und bespricht die sich in diesem Bereich stellenden Rechtsfragen wie z. B. das Hausturwiderrufsrecht, das verbundene Geschaft, die Wirksamkeit von Treuhandervollmachten, die Verletzung von Aufklarungspflichten und vieles mehr. Die Autoren haben sich dabei vorwiegend an der hochst- und obergerichtlichen Rechtsprechung orientiert. Das insbesondere fur Praktiker geeignete Buch enthalt zudem eine umfangreiche, nach Instanzen und ortlicher Zustandigkeit gegliederte Rechtsprechungsubersicht, welche es dem Leser ermoglicht, Einblick in die Judikatur "seiner" Gerichtsbarkeit zu nehmen."
A clear and up-to-date textbook for students of Scots commercial law and business law. It will also be of use to practitioners. Scots Commercial Law is a collaborative work bringing together expertise from academia and practice.
The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection." |
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