The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

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 provides a fresh approach to building a fashion business. I believe that both academics and startup businesses would find this book useful." Karen Edwards, University of South Carolina, USA "I think that this text will be very useful to anyone working in fashion. I would certainly recommend it as reference reading to MBA students and to undergraduates who are taking entrepreneurship courses." Thomai Serdari, New York University, USA Learn how to protect your business through prevention with a fashion compliance program. The book takes a merchandise-centric "how-to" approach. It explains the laws related to fashion compliance including, labeling, marketing, testing, importing and exporting, record keeping, and more. Written by a fashion-law expert, the book includes interviews with professionals and discusses the European Union apparel label law, as well as relevant United States' laws, to help you run your fashion business.

Projektvertrage regeln das Rechtsverhaltnis zwischen dem Investor als Auftraggeber und dem Unternehmer als Auftragnehmer. Sie sind bei der Realisierung komplexer Projekte weit verbreitet, vor allem im Anlagenbau, aber auch bei der Beschaffung von Gutern und bei der Softwareentwicklung. In dem Buch werden die wesentlichen Aspekte und Inhalte vor dem Hintergrund der einschlagigen gesetzlichen Regelungen besprochen. Hinweise und Vorschlage zur Vertragsgestaltung berucksichtigen die aktuelle nationale und internationale Unternehmens- und Vertragspraxis."

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Progressive Commercialization of Airline Governance Culture analyzes the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalized industry. It illustrates how legal, political, historical and cultural factors have shaped the corporate governance in the airline sector, and describes how these factors influence economic decisions and performance. The unique feature of the book is that the subject is consequentially discussed from the perspective of airline governance culture. This approach links the examination of legal and policy factors which influence airline activities together with a discussion of economic issues, all within one clear, coherent and comprehensive framework.

Leistungsstarke bargeldlose Zahlungssysteme sind im modernen Wirtschaftsleben unverzichtbar, um einen schnellen Austausch monetarer Leistungen zu ermoeglichen. UEblicherweise wird der grenzuberschreitende Geldtransfer uber das konventionelle Bankensystem abgewickelt. Daneben existiert jedoch eine Reihe von Anbietern, die Geldtransfers in nicht unwesentlicher Hoehe uber alternative Zahlungssysteme tatigen. Vor diesem Hintergrund gibt das Buch zunachst einen UEberblick uber den herkoemmlichen UEberweisungsverkehr im deutschen, europaischen und drittstaatlichen Raum. Danach werden existierende alternative UEberweisungssysteme eingehend untersucht, und zwar stellvertretend fur die ganze Gattung das schon seit Jahrhunderten bestehende Hawala-System sowie das Handypayment via M-Pesa.

Das Werk befasst sich mit den im Jahre 2010 eingefuhrten Neuregelungen des Gesetzes zur Reorganisation von Kreditinstituten. Die Arbeit hat eine rechtsvergleichende Ausrichtung. Die Regelungen des KredReorgG uber das Sanierungs- und Reorganisationsverfahren werden den Vorschriften der Art. 28 ff. BankG betreffend das Schweizer Bankensanierungsverfahren gegenubergestellt. Kernfrage der Monografie ist, ob die Verfahrensregelungen des KredReorgG so ausgestaltet sind, dass sich die Planverfahren als praktisch operabel erweisen werden und damit wirksame Krisenbewaltigungsmechanismen fur Kreditinstitute in wirtschaftlicher Schieflage zur Verfugung stehen. Unter der Pramisse, dass Verfahrensregeln zum Umgang mit kriselnden Banken den Eintritt eines Vertrauensverlusts vermeiden und die Fortfuhrung des Geschaftsbetriebs der Bank sowie eine umfassende wirtschaftliche Krisenbewaltigung ermoeglichen mussen, werden die Regelungen des KredReorgG einer umfassenden Wirksamkeitsanalyse unterzogen. Die Vorschriften werden daraufhin gepruft, ob sie eine rechtzeitige und schnelle Sanierung kriselnder Kreditinstitute ermoeglichen, die ablauft, ohne dass negative Publizitatseffekte entstehen. Dabei wird auch betrachtet, ob es mittels der Vorschriften des KredReorgG moeglich ist, finanzielle Verluste des Kreditinstituts den Anteilsinhabern und Glaubigern zuzuweisen. Die Monografie verharrt nicht bei einer kritischen Betrachtung der lex lata, sondern es wird auch eine Regelungsempfehlung fur die Rechtslage de lege ferenda ausgesprochen.

A carve-out in the M&A context is a partial sale of a business unit from a company. It is different from a straightforward M&A in that it is more complex with many more issues involved. With the rise of activist investors and the search for bigger returns, the pressure on businesses to focus on key products or jurisdictions has grown. Consequently, many transformational M&A transactions are being undertaken by large corporates and there is increased attention from management - and antitrust regulators - to ensure acquired assets have a strategic fit. This frequently results in non-core products or geographies - or in the case of mandated divestments by antitrust authorities, overlapping products - to be sold. Such sales are attractive to private equity purchasers, adding another layer of complexity and competitiveness to be managed. Structuring and managing these carve-out transactions is complex and this book focuses not only on the key differences in negotiating and drafting transaction documents, the impact on counsel procedures and other legal risks to be managed, it also looks at related regulatory and reputational risks. This practical guide, edited by Robbie McLaren at Latham & Watkins, features contributions by specialists on subjects linked to the structuring and execution of carve-out transactions and provides an invaluable insight into the legal, regulatory and practical elements in play. Topics include documentary provisions, IP transfers, transitional services, employment risks, antitrust concerns and financing acquisitions. Whether you are a lawyer in practice or in-house, this commercially focused new title provides a comprehensive analysis of carve-out M&A transactions.

The digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.

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.

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.

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.

This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopia's laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.

In her interdisciplinary dissertation, the author challenges the purely legalistic approach to civil rights discrimination protection. Using theories drawn from economics and psychology, she analyzes discrimination and asks whether and in what way the ban on civil rights discrimination actually influences such choices. On this basis, she makes a normative argument for anti discrimination prohibitions that preserve freedom."

Cybersecurity is a leading national problem for which the market may fail to produce a solution. The ultimate source of the problem is that computer owners lack adequate incentives to invest in security because they bear fully the costs of their security precautions but share the benefits with their network partners. In a world of positive transaction costs, individuals often select less than optimal security levels. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. Originally published in 2006, this book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but they need some help, either from government or industry groups, or both. Indeed, the cybersecurity problem prefigures a host of twenty-first-century problems created by information technology and the globalization of markets.

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

Mit Vertr gen sollen wirtschaftliche Ziele umgesetzt werden. Das gelingt nur deshalb, weil Regeln dar ber bestehen, welches Verhalten durch Vertr ge bewirkt und im Streitfall erzwungen werden kann. Fr her orientierten sich Vertragsinhalte vornehmlich daran, was die Vertragsparteien wollten, heute sind sie zunehmend an die Wertvorstellungen des Gesetzgebers gebunden. Das Buch hilft dabei, die Konsequenzen zu berschauen, die sich daraus f r die Vertragsparteien ergeben, die wirtschaftlichen Folgen zu erkennen und vertraglich zu gestalten.

Under English law it is possible to secure credit on almost any asset, but the law is widely considered to be unsatisfactory. Gerard McCormack examines English law and highlights its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point for reform. This Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions--including Canada and New Zealand.

This open access book presents recent research and hot topics in the field of real estate science in Japan. It features carefully selected English translations of peer-reviewed papers and excellent articles published in the Japanese Journal of Real Estate Sciences, as well as papers presented at the Japan Association of Real Estate Sciences (JARES) annual conference. The topics covered include market analyses of vacant houses, policies for reuse of vacant houses, property tax policy, issues of land for which the owners are unknown, disaster and real estate values, the siting optimization plan and its influence on real estate, big data and ICT technology for the real estate business, and public real estate management.Real estate science in Japan has developed in step with international research in the fields of law and economics, regional science, civil engineering, environmental science, architectonics, and related areas. At the same time, it has evolved into a unique discipline that focuses on policy-oriented practical science with arguments for the reform of outdated laws, regulations, and traditional customs. Asian countries are currently growing rapidly and are catching up with developing countries. The lessons learned and know-how accumulated by JARES is helpful for practitioners and policymakers not only in Japan, but also in other Asian countries.