In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

This work considers the most important EC directive in corporate law since the Take-Over Directive in 2002, i.e. the Directive on Shareholders' Rights and its implementation under German law. This is the first directive to substantially regulate the internal organization of a stock corporation and entails a series of fundamental problems from control issues and shareholder apathy to questions relating to a reasonable definition of the scope of application of the law of stock corporations and listed corporations.

The more company law with choice of law is backed in Europe, the more important information becomes as a function precondition for efficient decisions. The objective of this work is to sketch a model that places information in the foreground as a concept for harmonisation in European company law and to demonstrate its practical realisation in European instruments on harmonisation of company law.

Consumer law, particularly consumer credit law, is characterised by increasingly complex regulation in Western economies. Reacting to the Global Financial Crisis, governments in the UK, the EU, Australia, New Zealand and the United States have adopted new laws dealing with consumer credit, responsible lending, consumer guarantees and unfair contracts. Drawing together authors from all of these jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws.

The second edition of Critical Company Law provides a framework in which to understand how the company functions in society and a thorough grounding in modern legal doctrine. It shows how modern company law is shaped by a multi-layered history of politics, ideology, economics and power. Through the lens of political economic theory the book shows how the company becomes the mechanism through which the state makes political choices about distributing societies' wealth and through which it responds to economic crises. The current law reflects an economy marked by a disjuncture between the low profits of the productive economy and the high profits of the finance economy. Critical Company Law examines areas of company law to show how they reflect a fragile economy inexorably drawn to social and economic inequality and short-termism. These include: * The Doctrine of Separate Corporate Personality * Groups of Companies and Tort Liabilities * Company Formation and the Constitution * Directors' Duties and Authority * Corporate Capacity * Shares and Shareholders * Raising and Maintaining Capital * Minority Protection In this uniquely hybrid book the legal topics are treated with detail and clarity, providing an engaging introduction to the key topics required for a student of company law.

Diese Festschrift ist dem Berliner Professor fur Burgerliches Recht, Gewerblichen Rechtsschutz und Urheberrecht Artur-Axel Wandtke zu seinem 70. Geburtstag gewidmet."

Business law is studied on a wide variety of courses, where students who have no previous experience of studying law have to deal with subjects as varied as the English legal system, company law and employment law. This updated edition contains additional chapters on sale of goods law, including the changes introduced by the Sale and Supply of Goods Act 1994. In addition, the chapters on torts have been completely rewritten, with an emphasis on negligent misstatement to make them more appropriate to students studying business, accountancy and management. Since it is important that students should be able to measure their progress, each section contains questions and answers for self-testing. In addition, there are a number of examination-style questions, with suggested answers, so that the student should be prepared for the final examination. Helen J. Bond is the co-author of "SWOT Company Law". Peter Kay is the author of "Employment Law Handbook".

Erweiterte Fassung eines Vortrages, gehalten vor der Juristischen Gesellschaft zu Berlin am 21. Juni 2000. Die VerAffentlichung behandelt einen bislang in seiner Bedeutung vielfach unterschAtzten Gedanken der Privatautonomie und versucht, mit Hilfe des Funktionsgedankens einige PhAnomene zu erklAren, die bislang nicht A1/4berzeugend eingeordnet werden konnten. Am Beispiel des Gesellschaftsrechts wird die Bedeutung von Funktionsbedingungen privatrechtlicher Subsysteme untersucht und geprA1/4ft, inwieweit und auf welche Weise das Recht auf StArungen der Funktionsbedingungen reagiert. Behandelt werden exemplarisch die Kernbereichslehre, das Mehrheitsprinzip, die eigenkapitalersetzenden Gesellschafterdarlehen.

For decades, the public company has played a dominant role in the American economy. Since the middle of the 20th century, the nature of the public company has changed considerably. The transformation has been a fascinating one, marked by scandals, political controversy, wide swings in investor and public sentiment, mismanagement, entrepreneurial verve, noisy corporate "raiders" and various other larger-than-life personalities. Nevertheless, amidst a voluminous literature on corporations, a systematic historical analysis of the changes that have occurred is lacking. The Public Company Transformed correspondingly analyzes how the public company has been recast from the mid-20th century through to the present day, with particular emphasis on senior corporate executives and the constraints affecting the choices available to them. The chronological point of departure is the managerial capitalism era, which prevailed in large American corporations following World War II. The book explores managerial capitalism's rise, its 1950s and 1960s heyday, and its fall in the 1970s and 1980s. It describes the American public companies and executives that enjoyed prosperity during the 1990s, and the reversal of fortunes in the 2000s precipitated by corporate scandals and the financial crisis of 2008. The book also considers the regulation of public companies in detail, and discusses developments in shareholder activism, company boards, chief executives, and concerns about oligopoly. The volume concludes by offering conjectures on the future of the public corporation, and suggests that predictions of the demise of the public company have been exaggerated.

Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.

Zwei aktuellen Themen von hoher kreditwirtschaftlicher Tragweite hat die Bankrechtliche Vereinigung - Wissenschaftliche Gesellschaft fA1/4r Bankrecht e.V. ihren Bankrechtstag 2001 in Kiel gewidmet: a žEntgeltklauseln in der Kreditwirtschafta und a že-Commerce von Kreditinstitutena .Die Entgeltgestaltung von Kreditinstituten auf der Grundlage von Allgemeinen GeschAftsbedingungen hat inzwischen die Rechtsprechung seit mehr als zehn Jahren intensiv beschAftigt, steht aber immer noch, z.B. neuerdings hinsichtlich Zinsanpassungsklauseln, im Vordergrund des Interesses. Einerseits spielt es eine entscheidende Rolle, ob vom Entgelt fA1/4r eine vereinbarte Leistung ausgegangen werden kann oder ob durch eine Nebeneinrede Kosten A1/4berwAlzt werden. Andererseits sollen Klauseln A1/4ber Entgelte und ihre A"nderung hinreichend bestimmt und fA1/4r den Kunden nachvollziehbar sein.Der e-Commerce von Kreditinstituten gewinnt infolge der technischen Entwicklung, namentlich etwa fA1/4r Anwendungen des online-banking, steigende Bedeutung und bringt zahlreiche Rechtsfragen mit sich, z.B. hinsichtlich der VertragsabschlA1/4sse bei Kommunikation im Internet und der dabei zu wahrenden Datensicherheit.

Law for Project Managers provides an easily understandable and practical guide to the laws of contract, liability, intellectual property and so on, entirely from the perspective of the project manager. It will enable you to approach projects forewarned and forearmed, able to avoid potential legal problems altogether. The book covers everything from intellectual property disputes with the client organisation about who actually 'owns' the outcome, to confusion arising during an international project from the different legal systems and their approach to contracts and health and safety problems in the management of contractors. Most importantly, it explains everything in very straightforward terms; legal jargon is either avoided altogether or defined with its relevance to the project manager explained. In essence, Law for Project Managers is a clear, readable and expert guide on this and many other important legal matters for the practising project manager as well as a supplementary text for post- or undergraduate students studying the commercial aspects of law, contracting and project management.

A set of twenty problems in company law. The loose-leaf case study pages are licensed for bona fide lecturers to photocopy for assignment and seminar use. Full lecturers notes are provided showing how the cases can be fully updated in practical, activity-based study.

This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.