One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Decentering Biotechnology explores the nature of technology, objects and patent law. Investigating the patenting of organic life and the manner in which artifacts of biotechnology are given their object-ive appearance, Carolan details the enrollment mechanisms that give biotechnology its momentum. Drawing on legal judgements and case studies, this fascinating book examines the nature of object-ification, as a thought and a thing, without which biotechnology, as it is done today, would not be possible. Unable to reject biotechnology per se, recognizing that such a rejection would essentialize the very object-ive categories shown to be manufactured, Carolan ultimately argues for doing biotechnology differently. A theoretically sophisticated analysis of the nature of objects and the role of technology as a form of life which shapes the social landscape, Decentering Biotechnology engages with questions of power, globalization, development, resistance, exclusion, and participation that arise from treating biological objects differently from conventional property forms. As such, it will appeal to social theorists, sociologists and philosophers, as well as scholars of law and science and technology studies.

The book sets out the characteristics and nature of Retention of Title Clauses in the UK and 14 other European countries. ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This work identifies these concepts as they apply in each Jurisdiction considered. At present there is no work which sets out ROTs as a phenomenon in the Commercial Law of Europe and there is no point of easy reference for anyone working in the field in this regard. An obvious virtue of this work is that it makes the law accessible. Each essay is written by experts in the field within their own Jurisdiction.

First published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title 'Contemporary Issues in Property Law'. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference - or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates - can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.

Published in 1998, this book seeks to analyse in a comparative framework laws relating to product safety. These include standard setting, general safety obligations, (enforcement agencies), recall of products, export control, product accident monitoring and information exchange systems. The countries studied will include UK, USA, Canada, France, Germany, Sweden, Australia, New Zealand, as well as EC law in the light of the recent EC product safety directives.

Published in 1997, in this book an attempt has been made to analyze the legal structure of GATT and the WTO as well as those agreements which control trade in textiles. One of the GATT's major failures was its inability to come into line with the new economic reality and the needs of those states who created this system for controlling international trade. Trade in textiles was an excellent example of this. Now, the WTO aims to overcome this problem thanks to its greater pragmatism and its search for solutions to free trade difficulties. The WTO is not, however, the perfect solution. Its highly political character allows room for improvement even though the key to its success still lies with the effective cooperation of member states. As for the textile sector, this new panorama for trade in goods provides it with a new opportunity to finally return to the general legal framework in the year 2005.

Despite considerable work the answer to basic questions such as 'what are our ethics and our moral norms now?' 'Have they changed since last year?', 'If so why?' remain surprisingly illusive. This book argues that progress towards answering these questions is possible through a grounded analytical account of the cultivation of ethics and moral norms in social groups, in particular places and times. Departing from the evolutionary theory of why we gain value from pro-social behaviour, we argue that a coherent thread exists for how we do so through evolved social capacities that are united in the pursuit of a Positive Social Identity. Drawing on a unique quantitative dataset from Sierra Leone this book offers a theoretical framework and a preliminary guide to the systematic quantitative analysis of ethics and moral norms and how these may relate to the long term success of organisations. The results directly challenge a 'one-size-fits-all', universal understanding of both ethics and moral norms both within and between organisations. The costs and challenges influencing the development of ethics and moral norms and their ultimate conception of pro-sociality vary dramatically according to situation. Nowhere is this more starkly illustrated than between economically developed and developing countries. In analysing the relationship between agency and situation, the role of diversity, conflict, inefficiency and failure to cooperate prove to be essential components of the solution of social dilemmas on which Positive Social Identity depends.

Business networks are an important economic phenomenon of increasing practical importance throughout Europe. This volume examines business networks from an interdisciplinary perspective, with many contributions dealing with a certain form of business network, the so-called cooperative or non-hierarchical. With regard to this specific form of cooperation the volume presents new economic findings, proposes a definition and discusses the governance structure of those networks.Moreover, this book explores whether the research results can also be applied to hierarchical, centralized business networks. With medium-sized companies and all the more with large companies, business networks also pose the question of the compatibility with anti-trust law. This collection dedicates three contributions to this important question. They are complemented by chapters on liability of the network and its members towards third parties and contributions discussing duties of loyalty and the interpretation of agreements. Drawing on new research from Italy, Spain, Germany and Norway, this work illustrates the European legal perspective on business networks.

This second edition has been updated to include major developments in corporate and personal insolvency law. Key changes to the text were necessitated by the considerable volume of case law in recent years and by statute, including the Welfare Reform and Pensions Act 1999, the Insolvency Act 2000, the European Council Regulation on Insolvency Proceedings 2000, the Limited Liability Partnerships Act 2000 and the Enterprise Act 2002. litigation by office-holders and cross-border insolvency within Europe have been taken into account, as have changes to the assets available to creditors in a bankruptcy and to the order of distribution in both bankruptcy and liquidation. insolvency law and covers the Department of Trade and Industry's resolution to address the issue of indebtedness. of the current legal rules and a comprehensive introduction to the underlying issues. It will be ideal for those studying insolvency at undergraduate or postgraduate level and for those studying professional examinations and practising in the area.

How can you be sure you are buying the company you think you are? Are you sure it is as good as the seller says? How can you be certain unexpected costs and obligations will not suddenly appear once you are the owner and responsible for them? How best can you arm yourself for the negotiations? Have you worked out precisely what you are going to do with it once it is yours? How do you set the priorities for change to recoup the premium you have paid for it? The answer to all these questions, and many more, lies with effective due diligence. Due diligence is one of the most important but least well understood aspects of the acquisition process. It is not, as many believe, a chore to be left to the accountants and lawyers. To get the best from it, due diligence has to be properly planned and professionally managed. This book is a comprehensive manual on getting due diligence right. It is a uniquely comprehensive guide, covering all aspects of the process from financial, legal and commercial due diligence right through to environmental and intellectual property due diligence. There are also useful chapters on working with advisers and managing due diligence projects. It also includes a number of checklists to help ensure that the right questions are asked.

First published in 2007, The Yearbook of Consumer Law provides a valuable guide to developments in the consumer law field with a domestic, regional and international dimension. The volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as sales, credit and safety, as well as more general issues, such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments or important court decisions. The book provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy.

With the completion of the DTI-sponsored Company Law Review, the reform of company law has now become a very important subject of study. This new book is a must for all those interested in the development and reform of UK company law.

The book collates the work of leading authorities on company law, including members of the judiciary and the Law Commission, and individuals from the worlds of professional practice and academia. All main areas of company law are covered, including directors' duties; corporate governance; minority protection; ultra vires; company charges; and human rights and the company, as well as a comprehensive analysis of the work of the Company Law Reform Steering Group.

The central purpose of this book is to analyze the current state of play and to note, in particular, the work of the Company Law Review Group. Critical analysis and suggestions on how company law should be reformed are also offered.

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It focuses on China's patent legislation, its achievements and weaknesses, as well as the intrinsic limitations.

This title was first published in 2002. Debates about the desirability, feasibility and appropriate form of international economic regulation are now a heavily contested domain. This selection of recently published essays reflects the diversity of perspectives that are shaping the scope and direction of the debates, from legal formalism and law and economics, to Third World legal theories and other critical perspectives.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research.

This title was first published in 2000: The book will be a set of essays addressing various aspects of regulation. It will concentrate on regulation as a precondition of successfully operating markets - by opening up markets and establishing conditions of trust. It will cover a broad range of varied forms of regulation. The book will respond to recent developments, for example, the shift from deregulation to better regulation will be explored. Most chapters will be written jointly by an academic and a legal practitioner (from the commercial solicitors firm of Shepherd and Wedderburn), thus ensuring an integration of theoretical analysis with practical problems.

This title was first published in 2000. European Intellectual Property is a survey and discussion of the impact of the economic principles of the European Community, upon the legal regime for the protection of intellectual property rights within the Community and the laws of its Member States. Beginning with a discussion of the issues arising from the treaty itself and the efforts of both the European Court of Justice and the European Commission through the liberalization of licensing procedures to meet these specific issues, the survey goes on to consider the attempts to achieve harmonization of national laws in the fields of trade marks, patents, industrial design and the wider efforts to create Community wide intellectual property rights.

First published in 1998, Public Procurement in the European Community has been considered as the most-important non-tariff barrier for the completion of the common market and its liberalisation reflects the attempts of law and policy makers to enhance competitiveness in the public sector and achieve uniform patterns of industrial efficiency. The opening-up of procurement stresses the fact that the Member States must embark upon a process of changing their public sector management ethos and adopt more market-orientated parameters (value for money, efficiency, improved risk management, market testing, outsourcing, private finance, savings) in the delivery of public services, alongside the principles of transparency and public accountability. The book is addressed to academics and researchers in the fields of law, public policy and government studies, legal practitioners, policy makers, government officials as well as industry executives. It provides a multi-disciplinary analysis of public procurement law and policy and assesses its impact on the European integration process. It investigates the implications of the opening-up of the European public markets on other legal and economic systems in the world and analyses the regulation of public purchasing as part of the emerging Economic Law of the European Union.

This title was first published in 2003: Law changes rapidly. Since the first edition of this book in 1991 there have been tremendous changes - European Union measures, a new Defamation Act and Data Protection Act, amendments to copyright, and new problems from the Internet. This second edition has been comprehensively revised and updated to reflect these changes. Copyright, patents, and confidential information are marketable commodities needing the protection of law. This is not a book for the legal specialist but a readable guide to information law for those in the information management field. It includes many examples of legal cases and helpful explanations of the different kinds and causes of legal action. One chapter is devoted to electronic data issues and two to copyright abroad and transnational protection of intellectual property. Whilst the main emphasis is on copyright - written, visual, musical and multimedia - other areas of intellectual property, particularly patents, are discussed, and advice given on trade marks, passing off and related issues. The author explains the legal principles of data protection and privacy, libel, freedom of information, official secrets, censorship, obscenity, blasphemy, and racial hatred. Full statute and case references are included in the book. Information scientists, librarians and others in modern information and media management will find this book an invaluable reference for what they can and can't do with information they manage and distribute.

This title was first published in 2001: Governments world-wide have developed policies to encourage innovation, entrepreneurship, and small firm growth, and to increase access to small firm finance. However, the effectiveness of small firms and entrepreneurs as innovators depends on their incentives and the effective governance of relations between entrepreneurs, investors, and employees. This book links these regulatory policies to the ethical and governance practices of small firms, in order to explain the impact and success these policies might be expected to enjoy. The book examines the empirical and theoretical nature of governance practices in small firms, as well as a range of regulatory policy areas, including intellectual property, insolvency law, taxation, securities regulation, and directors' duties in Australia, Europe, and North America.

This title was first published in 2000. The law relating to directors' duties has fundamental implications across the business environment and yet few areas of business law have received so little detailed examination. This text provides fresh and incisive insights to the rules applying in ten major economic jurisdictions within Europe, with respect to directors' legal obligations and liabilities. Written by the foremost figures in the field, each contribution outlines the statutory provisions that affect the work of company directors in each jurisdiction, including general legislation and specific laws covering the status of incorporated bodies. Fully illustrated with case-law examples the book provides a guide to the range of measures which national courts may provide for participants in corporate life seeking remedies for unsatisfactory governance of companies. It also features guidance on the specific bases for criminal and civil liabilities and examples of the range of penalties to which directors might be subject. The result is a work of unprecedented detail which will be welcomed by practitioners in the corporate sector, academics and researchers alike.

This title was first published in 2003.This book analyzes the policy initiatives used in Australia, New Zealand, the United Kingdom, and the United States to improve the efficiency of government service delivery, such as commercialization, privatization, and, in particular, corporatization. The book looks at how markets, corporate governance processes, and judicial and administrative reviews affect the efficiency and ethics of service delivery. The book crosses a number of academic disciplines - corporate law and governance, law and economics, public choice theory, ethics and public law and administration. It will also be of value to a range of professional constituencies - to those involved in governance functions in government and privatized corporations, to professionals servicing these organizations, and to officials administering government services. These issues are also highly pertinent to emerging economies where governance of public services is crucial to the transition to market democracy.