IT-Projekte mussen durch Projektvertrage auf allen Stufen gezielt gesteuert und kontrolliert werden, um erfolgreich zu sein. Der Autor geht auf die Verantwortlichkeit des Managements fur die Projektfuhrung ein und erlautert die aktuellen Normvorgaben fur IT-Projekte aus ISO 20.000 und ITIL. Behandelt werden auch Outsourcing und ASP sowie IT-Security, gewissermassen Dauerprojekte, ebenso die Sanierung von Projekten und die Anwenderrechte bei Anbieterinsolvenz.

Ausfuhrliche Checklisten fur CIOs und Geschaftsleitungen sollen schliesslich aus deren Blickwinkel die Projektkontrolle erleichtern. In dieser Themenkombination gibt es am Buchmarkt gegenwartig keine gleichartige Darstellung."

Cases and Materials on the Carriage of Goods by Sea, fifth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: coverage of blockchain technology and smart contracts in shipping coverage of autonomous shipping recent developments on the construction of commercial shipping contracts recent developments on the transfer of rights and liabilities in the contract of carriage tables and diagrams for ease of reading discussion of some of the most important decisions by the senior courts of England and Wales, with the most up to date case law included references to academic and professional literature for further reading and research industry standard form clauses reference to important foreign cases emphasis on how it is that shipping law operates and is applied in commercial practice A clear, student-friendly text design with a strong emphasis on research and problem solving. This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.

This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.

This book demonstrates the need to coordinate private and corporate actors with national and global sustainable climate policies, with conventions in the spheres of green energy laws, as well as from the spheres of commercial, trade, and other private law. While many states have joined together in the Paris Agreements in support of green energy policies, it remains a stark reality that most of the efforts to reduce greenhouse emissions remain with private actors who operate the various industries, vehicles, and vessels that emit the gases in target. The risks of anthropogenic climate change cannot be solved by environmental law alone and will need complementary support from commercial, corporate, and private law. However, aspects of commercial law, securities law, and trade law can be shown to frustrate certain aspects of green energy policies, resulting in damaging "green paradoxes". It raises issues associated with corporate social responsibility and green paradoxes, with international trade laws, and with liability risks for misrepresenting the state of feasible green energy technologies. The book will be of interest to students and scholars in the fields of energy law, environmental law, and corporate law.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

Der moderne Staat reguliert die gesamte Volkswirtschaft; seine standig anwachsende Aufgabenfulle hat zu einer kaum mehr ubersehbaren Vermehrung des Rechtsstoffes gefuhrt. Die Rechtsproduktion nicht nur der nationalen, sondern auch der supranationalen (Europaischen Union) und internationalen (Vereinte Nationen) Normschopfer kann daher nur durch eine systematische und dogmatische Durchdringung des offentlichen Wirtschaftsrechts bewaltigt werden. In Erganzung zum allgemeinen Teil sind im vorliegenden Band die Spezialmaterien herausgearbeitet. Die Autoren, uberwiegend aus dem universitaren Bereich, aber auch aus der Praxis, gelten als ausgewiesene Kenner ihres Sachbereichs. Hervorgehoben werden neben hochster Aktualitat das dogmatische Grundverstandnis sowie die jeweiligen europa- und internationalrechtlichen Bezuge."

This book presents the challenging field of maritime trade law in a manner which is highly structured and understandable. This examination focuses mainly on the complicated legal institutions of private maritime trade law and their integration into international law; however, the essential principles of the related fields of public maritime law, maritime insurance law, and maritime procedural law are also described. This book provides a solid introduction to this field.

This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.

The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.

Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation - security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest - are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime

The first comprehensive empirical study on corporate bankruptcy reorganizations in the second largest economy, China, investigating the formal corporate restructurings handled by China's courts between 2007 and 2015. The data and analysis presented in the book provide a unique lens from which China's newly-enacted Chapter 11-styled corporate reorganization law, both in the books and in practice, can be understood and from which the interaction between business and state in dealing with corporate bankruptcies in China could be better comprehended. This book benefits from the author's ten-year business law practice in China, and his insights on China's judicial and political system considerably enrich the arguments. In particular, this book sheds light on commencement of bankruptcy reorganizations, control models, corporate reorganization financing, value distribution, approval of reorganization plans and cross-border reorganizations under the China Enterprise Bankruptcy Law of 2006.

Examining local content law and policy in the oil and gas industry, this book uses Nigeria as a primary case study, comparing its approach to countries such as Brazil and Norway which have also adopted local content laws in relation to their gas and oil industries. In considering various aspects of local content law and policy as they apply to the oil and gas industry, the book examines the factors behind the formulation of local content policies by petroleum producing states, and the various strategies they have employed to implement them. It analyses arguments against local content requirements from the perspective of international trade and investment law, and from liberal market economic theorists, who argue against its overall usefulness. The book highlights salient aspects of the oil and gas industry such as regulation, national oil companies, treatment of minorities, and policy formulation and implementation.

Dieses Buch enthalt Untersuchungen zur oekonomischen Analyse der Unternehmung und ihrer rechtswissenschaftlichen Umsetzung im Unternehmensrecht. Zum einen sind Beitrage enthalten, die sich mit der Theorie der Unternehmung, dem Stand der Diskussion, der Fruchtbarkeit fur rechtswissenschaftliche Fragestellungen und den weiteren interdisziplinaren Forschungsperspektiven befassen. Zum anderen finden sich Beitrage zu Problemen der Unternehmenskontrolle und -organisation sowie der Unternehmenshaftung. Mehrere Beitrage, darunter auch die der amerikanischen Teilnehmer diskutieren die Tendenzen zur Herausbildung eines einheitlichen Unternehmensrechts. Das Buch richtet sich an die Leser, die sich mit dem Unternehmen im Schnittbereich von Recht- und OEkonomie befassen.

This book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

Introduction to Trade Policy provides a comprehensive overview of the rules and regulations that govern trade flow. It discusses the trade policy formulation process of major international economic players, and analyzes existing trade policy tools that countries may resort to in order to take advantage of the benefits of international trade and to protect themselves against its dangers, as well as their implications for trade policy, law and negotiations. In Section I, the book explores the ways in which interest groups interact with government and legislators to shape trade policies. By developing an analytical view of trade policy formulation systems in the U.S., European Union, the BRICS countries (Brazil, Russia, India, China and South Africa), Canada, Mexico and Australia, the book will help the reader to gain a better understanding of these countries' trade policy developments and also to apply such learning to the analysis of the trade policy formulation of any other countries. Section II goes on to explain how trade policy tools are used by governments to achieve trade and other policy objectives, while Section III analyses trade in services and the multilateral trade rules on Intellectual Property. Finally, Section IV uses hypothetical case studies in simulation exercises to illustrate trade policy decision-making and trade agreement negotiations in a bilateral, plurilateral and multilateral setting. This is the ideal introduction to international trade policy formulation for students and professionals in the areas of law, politics, economics and public policy who are seeking to develop a global view of international trade, gain insights into trade negotiations and understand the motivations behind the policies and actions of governments regarding international trade issues. This book is also the ideal companion to any traditional legal casebook on international trade or on international economic law.

"Gerald Berk's Alternative Tracks is a lean but provocative, timely, insightful, and forcefully written challenge to the conventional wisdom about industrial America's political economy". -- Review of Politics At the heart of Alternative Tracks is the historical relationship between democracy. and the modern corporation. Gerald Berk uses the case of the railroad industry to show that industrial centralization and corporate hierarchy did not follow a course solely determined by the efficiency imperatives of modern technology. Rather, collective choice and the state had lasting influence on the development of corporate capitalism. Moreover, the role of government depended less on the exercise of interest-group or class power than it did on the protracted struggle over constitutional norms of fairness and justice relating to corporation and the market. Mediated through the court, Congress, and the bureaucracy, this struggle had profound effects on the organization of railroads, the pattern of urbanization, and the practice of business regulation. "A very impressive work ...Offers the reader real insight into the technical factors and financial arrangements involved in the development of American railroads". -- Perspectives on Political Science "Berk has offered some powerful questions for future scholars to keep in mind, and no student of railroad history or the history of business can afford to overlook this book". -- American Historical Review "An ambitious effort to make sense of how the modern American state was fashioned". -- American Political Science Review

This text seeks to anaylze the three pillars of US trade law: Section 301, aimed at opening foreign markets for US exports; anti-dumping law, which seeks to counter anti-competitive tactics by foreign firms; and counterveiling duty law that aims to counter foreign governmental law.

Written with the busy practitioner in mind, this concise and insightful book sets out the principles that guide the courts in interpreting contracts. Each principle is covered in its own dedicated chapter, supported by case law which illustrates how the principle works in practice and in its wider context. In addition to interpretation of contracts, the book also considers the implication of terms, rectification, and estoppel by convention. This new edition considers the implications of key decisions of the Supreme Court in Arnold v Britton and Marks & Spencer v BNP Paribas, and BNY Mellon v LBG Capital. Other writing, including from judges writing extra-judicially, is also analysed. This book provides an invaluable reference for lawyers drafting, interpreting and litigating on contracts.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.