The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Govern ment", he stated, "propose to place the whole of the Franco German production of coal and steel under a common high authorityl within an organisation open to the participation of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet * This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 * The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document sub mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Quotidien, llth May, 1950.

Die indische Wirtschaft boomt und wird in den kommenden Jahren zu einem der weltweit wichtigsten M&A-Ziele avancieren. Insbesondere deutsche Unternehmen haben Indien als einen der Absatzmarkte der Zukunft erkannt und sind dort zunehmend aktiv. Dabei kommt es vermehrt auch zum Erwerb borsennotierter indischer Unternehmen. Akquisitionen borsennotierter Unternehmen, die in Deutschland unter das Wertpapiererwerbs- und Ubernahmegesetz (WpUG) fallen, unterliegen auch in Indien einem speziellen Regelungsregime, namlich den Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997. Dieses Praxishandbuch gibt nach einer kurzen Darstellung des allgemeinen Rechtsrahmens fur auslandische Direktinvestitionen auf dem Subkontinent einen Uberblick uber den Ablauf offentlicher Ubernahmen in Indien. Dabei stellt der Autor auch vergleichende Bezuge zum deutschen Ubernahmerecht her.

Die Europaische Kommission entwickelte ein neues System zur Akkreditierung und Zertifizierung von Waren (New/Global Approach). Es gewahrleistet den freien Warenaustausch technischer Produkte in Europa. Schritt fur Schritt fuhren die Autoren Leser durch den gesamten Ablauf: Wie Sie Zertifizierungsvoraussetzungen fur ihre Produkte bestimmen. Wie Sie Zertifizierer auswahlen. Wie sich die Zertifizierung auswirkt. Dieses anschauliche Handbuch unterstutzt Ingenieure, Betriebswirte, Juristen, Prufer (Zertifizierer) sowie Organisationen. Verstandlich und anhand von Beispielen zeigen die Autoren wie Anwender - auch ohne Vorwissen- mit den komplexen Anforderungen umzugehen haben. Plus: zahlreiche Abbildungen, Checkliste am Ende jedes Kapitels.

Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

The core structure of the regulatory regime for international civil aviation (the 'Chicago System') is inter-national. The features of the Chicago System were designed in an era when the world's airlines were State-owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective 'legal' and policy actions taken at national level (United Arab Emirates, Qatar and People's Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter-national world of yesterday, evolves into global governance of aviation, which is more suited for today's global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

"Islamic Commercial Law: An Analysis of Futures and Options" is a ground-breaking study, written by a renowned scholar in the field of Islamic law, Prof M. H. Kamali, focusing on options and futures as trading tools, exploring their validity from an Islamic point of view. In this work, Prof M. H. Kamali advances a new perspective on the issue of futures and options based on an interpretation of the Qur'an and the Sunna and referring to the principle of "maslaha" (consideration of public interest) as enshrined in the Sharia.---"Islamic Commercial Law" consists of three parts. Part One is devoted to the description of futures trading and the understanding of operational procedures of futures and futures markets. Part Two investigates the issue of permissibility of futures trading in Islamic law and the underlying questions of risk-taking and speculation, which are of central concern to the topic. Part Three is devoted to an analysis of options. Prof M. H. Kamali concludes this work by providing the most advisable approach to commercial speculation in futures and options, especially the one that most serves the public interest as enshrined in Sharia. So as to aid the reader's understanding of this topic, the author also includes a helpful glossary of all technical Arabic terms that appear in this work. Prof M. H. Kamali's "Islamic Commercial Law" is recommended reading for anyone working on Islamic law, comparative law, or Islamic banking, and is an essential contribution to the topic of Islamic commercial law.

This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.

Die Bande behandeln das grundsatzliche Verhaltnis des Staates zur Wirtschaft in Deutschland. Sie stellen im einzelnen die verfassungsrechtlichen Grundprinzipien der sozialen Marktwirtschaft dar, die staatlichen Regelungsmoglichkeiten einerseits und die individuellen Freiheiten andererseits. Besonderer Wert wird auf die Rechtsfragen der Verflechtung im Rahmen der EU und der internationalen Beziehungen gelegt."

Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of "soft clauses", the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, and countertrade.

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.

Das Handbuch ermoglicht eine Risikoeinschatzung geplanter Fusionen und dient als Argumentationshilfe und Anleitung fur Fusionskontrollverfahren in China. Es orientiert sich an den fur die Praxis massgeblichen Gesichtspunkten und geht dabei auf die chinesische Fallpraxis und die Diskussion in der chinesischen Rechtsliteratur ein. Berucksichtigung finden auch die politischen und kulturellen Besonderheiten Chinas. Der Anhang enthalt Ubersetzungen der wichtigsten Rechtsvorschriften, juristischer Entscheidungen sowie Formulare.

Das vorliegende Forum bundelt vertiefende Grundsatzbeitrage zu wettbewerbstheoretischen, wettbewerbspolitischen und wettbewerbsrechtlichen Aspekten des vertikalen Marketings sowie Fachvortrage und Statements von Experten aus der Praxis, die sich kontrovers mit der vertikalen Preis- und Markenpflege auseinander setzen."

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. .

Der Praxisleitfaden ist fur alle diejenigen geschrieben, die in Deutschland eine (kreditfinanzierte) Immobilie kaufen oder selbst bauen wollen. Der Autor stellt das Thema anschaulich und leicht verstandlich dar, wobei er pragnant und detailliert sowohl an rechtliche als auch an wirtschaftliche Fragestellungen heranfuhrt. Die Inhalte werden anhand von Beispielen mit konkreten Berechnungen und Bezugen zur aktuellen Rechtslage illustriert. Das Berechnungs-Tool hilft bei der Ermittlung der tatsachlichen Kosten einer Kreditfinanzierung.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Following the UK withdrawal from the European Union, the Sanctions and Anti-Money Laundering Act 2018 was enacted to enable the UK to continue to implement a regime originating in the EU. This book covers the implementation of a new system for the enforcement of sanctions, including a new mechanism for an appropriate minister to review listings of designated persons and a mechanism for review of that ministerial decision by the High Court. This guide covers the background and Parliamentary scrutiny through to enactment. It offers an approachable commentary to the statute, enabling practitioners to get to grips with the key provisions and the implications for practice. As with all Blackstone's Guides, this book will be in two parts; the first providing detailed commentary on the effects and scope of the Act and the second providing a full copy of the Act itself.

[Lang/Weidmuller: Cooperative Societies Act] This standard work provides practically-substantiated advice for the legal practice, without having to refrain from any scientific deepening. As a result, it offers cooperative business enterprises - but also legal advisory agencies, auditing firms and courts - comprehensive and reliable help in all matters of daily practice. The new edition explains the Cooperative Societies Act (GenG), the law regulating the transformation of the German Cooperative Bank (DG Bank-Umwandlungsgesetz) and the Statute of the European Cooperative Society (SCE). The legal amendments brought about through the Euro Introductory Act, the Commercial Law Reform Act, the Insolvency Ordinance, the Law of Obligations Modernisation Act, the Auditor's Ordinance Amendment Act, the Euro Balance Sheet Act as well as the Transparency & Disclosure Law are taken into consideration. The development in the judicial decisions and the literature has been worked in up until the spring of 2005 (and partially beyond). The text of the ordinance pertaining to the Register of Cooperative Societies is reproduced in the appendix. Overviews of the arrangement as well as marginal numbers and a comprehensive subject index facilitate the handling of the commentary.

This timely new work provides the most comprehensive coverage of debt restructuring tools available in the UK including analysis of the new restructuring plan under Part 26A of the Companies Act 2006 and emerging themes from related precedent case law. The book is the first of its kind to provide a comprehensive analysis of the new restructuring plan. Part A explains the law and practical application of the main types of creditor schemes of arrangement and restructuring plans in the UK. It analyses the tools available to market participants and other key stakeholders by reference to the capital structures most commonly seen in middle market and top tier European financings. Part B provides a comparative analysis between company voluntary arrangements (including recent case law) and schemes and restructuring plans to enhance the reader's understanding of the implications of the various tools available. Part C covers administration and receivership sales and appropriations under the Financial Collateral Arrangements Regulations for private and public companies, written from the perspective of a practitioner with practical issues in mind. The primary subject matters of the book are complemented by chapters analysing the "distressed disposals" regime in the Loan Market Association form of Intercreditor Agreement, liability management transactions under high yields nots/bonds, and scheme/restructuring plan-related pensions issues. This work is essential reading for all insolvency and debt finance lawyers advising on financial restructurings in the UK and Ireland. It provides practitioners involved in "new money" lending with a greater understanding of the consequences that transaction structuring and commonly negotiated features (e.g, debt incurrence regimes and other covenants, controls and carve-outs) may have in a workout scenario. This product includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad, or iPhone for quick and easy access wherever you are.

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.

Exploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessary-not only to benefit creators and inventors but also to support activities that contribute to the culture at large-yet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.

Das Buch behandelt Rechtsfragen des elektronischen Geschaftsverkehrs und des Datenschutzes in der Kreditwirtschaft. Schwerpunkte bilden neben Fragen der rechtlichen Gestaltung von Vertragen des Electronic-Banking haftungs- und beweisrechtliche Probleme sowie die Bedeutung des Datenschutzes und des Bankgeheimnisses fur alle Kundensegmente der Kreditinstitute. In einem ersten Teil werden die rechtlichen Rahmenbedingungen fur Bankgeschafte uber Fernabsatzmedien anhand der von der deutschen Kreditwirtschaft angebotenen Verfahren dargestellt. Der zweite Teil beschaftigt sich schwerpunktmassig mit dem Datenschutz und dem Bankgeheimnis, zeigt aber auch die Bedeutung dieser beiden Gebiete fur die zivilrechtliche Gestaltung von Bankvertragen auf und erlautert, welche Konsequenzen sich ergeben koennen, wenn diesen nicht hinreichend Rechnung getragen wird.

Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit - if viewed from the creditor's perspective - or, from the debtor's viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed. Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.

The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.