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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Company law
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.
In its most advanced form, e-commerce allows unidentified purchasers to pay obscure vendors in 'electronic cash' for products that are often goods, services and licenses all rolled into one. This book considers the implications for the domestic and international tax systems of the growth of e-commerce. It covers a wide variety of activities, from discussion of the principles governing direct and indirect taxation, to explanation of the implementation and use of e-commerce on the part of businesses as well as the application of existing tax principles in this field. With its focus on the broader issues surrounding the expansion of e-commerce and its attention to the problems arising internationally in this field, Global Perspectives in E-Commerce Taxation Law will appeal to scholars worldwide.
This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, concussions in the NFL, and the Boeing 737 Max scandal. Text reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.
Of great interest to practitioners, policymakers and academics - as well as to consumers and traders in general - this timely work addresses all important legal and practical issues that arise in connection with online trading. This important work outlines the existing legislation and legal jurisprudence in the EU and the US and exposes the potential for unfair commercial practices to arise from online contracts, electronic agents, disclosure of information, online advertising and online dispute resolution in cross-border transactions. The continuing prevalence of unfair commercial practices will ensure this book remains in great demand.
One of the most significant techniques to which companies and organizations have turned to improve service delivery and reduce costs has been outsourcing. Over the last 10 years, almost any process has been successfully outsourced. But during that period there have been failures too; projects that never realised their objectives or that had unforeseen impact on business. Global Outsourcing Strategies is a state-of-the-art guide to the best lessons to be learned for successfully implementing and outsourcing projects, or for revisiting existing operations. The 22 chapters explore some of the new areas for outsourcing, after traditional targets such as IT and finance. Information is provided on the different facets of the outsourcing process, such as contract negotiation, the risks involved in outsourcing, the need for service level agreements, the critical requirements needed to build and sustain outsourcing relationships, and ethical supply chain issues. There are also sections exploring the impact of outsourcing on organizational structures; the long term effects; legal issues; management control and inter-firm relationships; as well as case studies from both the public and private sector on the practical side of outsourcing. The book will appeal to practitioners and researchers alike. This is a must-have guide for any organization approaching outsourcing as a global (or local) strategy and for those organizations now reviewing or developing their outsourcing partnerships.
Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
What are the right institutional settings and strategies for ensuring honesty and accountability in public life? How do these settings and strategies relate to one another, and how do we know what is working and what is missing from the whole complex tapestry? Taking Australia as a case study that is relevant to all countries where public integrity is an issue, this book offers some new answers to these larger questions. The collection reviews a variety of existing efforts to understand, 'map' and evaluate the effectiveness of integrity policies and institutions, not just in the government sector but across all the major institutions of modern society. It will be of interest to those in governance, politics, law and public policy.
This book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.
Equality, Diversity and Opportunity Management presents a comprehensive analysis of the processes of governance, leadership, policy and strategy formulation, decision-making, practical and financial management, and real-world implementation of the Equality, Diversity, Opportunity, and Discrimination (or anti-Discrimination) Agenda. The leadership, cost, and management of the Agenda for Equality, Diversity, Opportunity, and Discrimination (or anti-Discrimination) is discussed in three mandatory areas: c Employment and the Workplace c Service Provision and customer service c Neighbourhood and Community Management The necessary choice of these three key areas of application reflects a typical focus of government policy, legislation, and case law for the UK, Europe, North America, Australia, New Zealand, and in many other countries that implement active Human Rights Agendas. You will find the book strongly orientated towards issues of corporate governance, personal and vicarious responsibility, leadership, cost management, implementation, and delivery. It deals directly, professionally, and in a non-opinionated manner with challenging (and sometimes unpopular or unwanted) issues of equality and inequality, diversity, a lack of opportunity or social mobility, and the widespread incidence of discrimination. The work suggests practical and realistic means to deal with such issues, whether at the level of corporate governance, leadership, policy and strategy, the incurring of unnecessary cost, or at the level of operational and departmental management procedure and process. Equality, Diversity and Opportunity Management is written at the same time from scholarly, objective, applied, proportionate, 'hands-on', and practitioner based perspectives.
This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.
The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo-American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
The process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.
Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include *Diagrams at the start of chapters to summarise the key points *Structured heading levels to allow for clear recall of the main facts *Charts and tables to break down more complex information New to these editions is an improved text design making the books easier read and the facts easier to retain. Key Facts books are supported by the website www.UnlockingTheLaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.
This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.
As trade and production have increasingly crossed international boundaries, private bodies and governments alike have sought new ways to regulate labour standards and advance goals of fairness and social justice. Governments are harnessing social and market forces to advance corporate accountability, while private bodies are employing techniques drawn from command and control regulation to shape the behaviour of business. This collection brings together the research and reflections of a diverse international mix of academics, activists and practitioners in the fields of fair trade and corporate accountability, representing perspectives from both the industrialized and developing worlds. Contributors provide detailed case studies of a range of social justice governance initiatives, documenting the evolution of established strategies of advocacy and social mobilization, and evaluating the strengths and limitations of voluntary initiatives compared with legally enforceable instruments.
This two-volume collection offers a comprehensive practical and legal guide to the complex process of negotiating engineering, procurerment and construction contracts. In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg explores virtually every aspect of (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting. The challenge of the parties to an EPC contract is not to eliminate risk but rather put into place a narrative structure that enables you to predict the contractual result if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment. The sample forms of contract in Volume 2 of Understanding and Negotiating EPC Contracts are intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project.
An ideal introductory textbook, Bourne on Company Law offers a succinct overview of the fundamental areas covered in LLB and GDL courses. The text is clear and easy to follow, being presented in short, sub-headed sections for ease of navigation, and is thoroughly cross-referenced to highlight connections across topics. Written for both law and non-law students, this text offers straightforward explanations of all key cases, as well as chapter summaries and end of chapter questions to aid understanding. The book is also supported by a companion website offering self-test questions, a useful glossary and annotated web links.
This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
The tenth-anniversary edition of the definitive account of the
Enron scandal, updated with a new chapter
Advances in Mergers and Acquisitions stands out from the competition due to its focus on three key characteristics: studies from scholars in different countries, with different research questions, relying on different theoretical perspective. Such a broad and inclusive approach to mergers and acquisitions is not easily replicated in academic journals, with much narrower mandates and metrics. Volume 21 of this annual series explores a range of issues relevant to a post-Covid world and the ensuing recession - from the perks and pitfalls of cross-legacy boundary-spanning and the role of inimical resources in managerial decisions, to the synergy between industry 4.0 and the circular economy and the role of M&A advisors in cross-border acquisitions, the chapters published in this volume provide cutting edge ideas by leading scholars and help to inform mergers and acquisitions research around the world. This collection of research is of interest to scholars in strategic management, organization theory, and organizational behaviour who are studying questions around mergers and acquisitions. Doctoral students in particular will benefit from access to the diversity of research that can trigger new research questions and expanded research agendas.
Key Facts Key Cases Company Law will ensure you grasp the main concepts of your Company Law module with ease. This book explains the facts and associated case law for: - Shares - Capital Maintenance - Failure and Liquidation - Directors - Borrowing Ann Ridley is Interim Dean, Business and Management, Accounting and Law at The University of Gloucestershire. Chris Shepherd is Lecturer in Law at London South Bank University. Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition Series editors: Jacqueline Martin and Chris Turner LLM, who is Senior Lecturer in law at Wolverhampton University.
The Routledge Handbook of Gender and Development provides a comprehensive statement and reference point for gender and development policy making and practice in an international and multi-disciplinary context. Specifically, it provides critical reviews and appraisals of the current state of gender and development and considers future trends. It includes theoretical and practical approaches as well as empirical studies. The international reach and scope of the Handbook and the contributors' experiences allow engagement with and reflection upon these bridging and linking themes, as well as the examining the politics and policy of how we think about and practice gender and development. Organized into eight inter-related sections, the Handbook contains over 50 contributions from leading scholars, looking at conceptual and theoretical approaches, environmental resources, poverty and families, women and health related services, migration and mobility, the effect of civil and international conflict, and international economies and development. This Handbook provides a wealth of interdisciplinary information and will appeal to students and practitioners in Geography, Development Studies, Gender Studies and related disciplines. |
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