This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure - including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

In the last couple of decades the national administrative law of the Member States has been influenced by case law from the Court of Justice of the European Union (CJEU). One of the main objectives of this research is to examine this influence and more specifically the influence of EU law on cooperation between public authorities. The present work examines how and to what extent EU (public procurement) law has an influence on the way a public authority organises and discharges its public service tasks. The object of this book is limited to cooperative agreements (public contracts and service concessions) concluded between public authorities as a means to organise or discharge public service tasks. Public authorities and private enterprises should be made aware as far as possible of the potential impact of EU law on certain types of cooperative agreements. This knowledge will prevent situations where the public authorities are post facto confronted with lawsuits that might force them to withdraw completely from cooperative associations that are already underway. It also enables private enterprises to be aware that in this context they may benefit from an open market. The book gives lawyers and practitioners in the field the most actual theoretical and practical background on the subject.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by leading scholar Paul Todd, this Advanced Introduction draws on the author's decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law. Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.

The Elgar Encyclopedia of Law and Data Science represents a comprehensive mapping of the field. Comprising over 60 entries, it features contributions from eminent global scholars, drawing on expertise from multiple disciplines, including law and data science, economics, computer engineering, physics, biomedical engineering and history, philosophy, neuro-engineering, political science, and geo-informatics. This Encyclopedia brings together jurists, computer scientists, and data analysts to uncover the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability. Comprehensive yet accessible, this Encyclopedia will be an indispensable resource for scholars of law, data science, artificial intelligence and law and technology. It also contains practical implications for a manifold of users: from domain experts to policy makers, from businesses to practitioners. Key Features: The first Encyclopedic coverage of the field of Law and Data Science Over 60 entries Entries organized alphabetically for ease of reference Full analytical index Interrelated multidisciplinary perspectives Unique accessibility for non-experts.

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based. Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks. Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.

This title is not merely a new edition, but a complete rewrite. It provides the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics generally regarded as highly complex are dealt with in a practical way, and illustrated by relevant examples. These topics include: controlled foreign companies; foreign dividends; exchange controls; tax havens; intermediate holding companies; double-taxation agreements. Some features of this title include: a discussion of the 2010 Update to OECD Model Tax Convention and Commentaries as well as the 2010 SA Legislative amendments; a rewritten chapter on Trusts; a substantially expanded bibliography. Five new chapters added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.

This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities. Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making. Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.

The Data Protection Toolkit, 2nd edition offers updated advice on how to keep your practice compliant with the EU General Data Protection Regulation (GDPR) and the Data Protection Act (DPA), which came into force in May 2018. This essential toolkit features a range of forms, precedents and templates to support all data protection compliance measures within a legal practice. In addition to this, the toolkit offers practical guidance on: * setting up systems, * managing risk, * client inception, * ongoing monitoring, * data security, * data sharing, * subject access requests, * complaints handling, * data retention and destruction, * training and monitoring compliance.

This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment. Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.

This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy. Chapters address the significance of State aid to various aspects of the political and legal systems of the Member States, including taxation, the financial sector, and the interplay between EU rules on State aid, free movement and public procurement. The Research Handbook further examines the application of the State aid rules to major sectors of the EU economy and introduces brand new themes for State aid analysis, such as arbitration, social services and the impact of Brexit. Featuring theoretical explorations and empirical studies, this Research Handbook will be crucial reading for scholars and researchers of EU State aid law, especially those searching for new avenues of research. It will also be a useful reference point for officials in national governments and the European Commission who are engaged in the State aid approval process. Judges hoping to expand their knowledge of EU State aid law and policy will also benefit from this insightful Research Handbook.

This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels. Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.

Drafting and tailoring commercial agreements to your client's needs can take up valuable time in your already busy day. With its range of flexible and adaptable precedents, Drafting Commercial Agreements can help you to draw up contracts accurately and efficiently. Thorough and practical, the book covers those areas that are most commonly encountered in commercial practice, such as agency, distribution, franchising, joint ventures and the sale and supply of goods. This second edition now includes a new set of terms and conditions for online commerce, a cross-border arbitration clause to try to mitigate the effects of Brexit and a free-standing non-disclosure agreement that can be put in place before contract negotiations begin in earnest, as well as an update on case law developments since the first edition was published. Model clauses and agreements are reproduced on the accompanying CD-ROM, allowing easy customisation and saving you time and money.

This second edition of Understanding the Employment Equity Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009. Understanding the Employment Equity Act deals wi

Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in a number of member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram-down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within a broader EU legal context, this book will be an insightful read for EU policy-makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.

This thought-provoking book combines analysis of international commercial and investment treaty arbitration to examine how they have been framed by the twin tensions of "in/formalisation" and "glocalisation". Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context. Interweaving historical, empirical and doctrinal research from over two decades of work in the field, Luke Nottage provides an interdisciplinary perspective on the shifting state of arbitration over this period. Chapters incorporate empirical findings on topics such as case disposition times for arbitration-related court proceedings, media coverage of arbitration and Arb-Med patterns in Japanese arbitrations. The book also makes normative arguments for more concerted bilateral and regional efforts to maintain global approaches and to encourage renewed informalisation in international arbitration. This book will be an invaluable read for both scholars and practitioners of international commercial arbitration and dispute resolution, particularly those in or involved with the Asia-Pacific region. Government policy-makers and investment treaty negotiators will also find its insights useful.

This discerning book examines good governance developments in the US and the UK, with a focus on anti-bribery efforts, recognising that with each new major case of corporate malfeasance the parameters of directors' duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O'Malley compares the fundamental national compliance experiences of the US and UK. Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores the systemic expectations that directors, executive officers and compliance personnel in public and private companies are subject to, as well as key accountability mechanisms and enforcement actions. Analysing the effectiveness of current law and best practice recommendations, the author's key finding is that directors need to add value to the business while also upholding higher societal, and ethical, values if they wish to meet today's ever evolving standards of corporate stewardship. Highlighting the role of directors and boards as corporate monitors, this thought-provoking book will be a key resource for international lawyers and practitioners working in corporate law and business law, in-house corporate counsel, corporate decision makers within the US, UK and globally, as well as for international investors.

This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), the author explores the ways in which this new EU legislative framework has succeeded in transforming this legal subject into a driver of innovation. The author explains and analyses in detail the fundamental characteristics of the Innovation Partnership Procedure, while also investigating whether the EU will be capable of increasing the levels of innovation procurement in public sectors of all Member States. Issues and elements of the procedure that can be viewed as challenges of the EU harmonisation process are also considered throughout. Thought-provoking and thorough, EU Public Procurement and Innovation will be a key resource for practitioners, lawyers and consultants in all Member States looking to better understand how to use the Innovation Partnership Procedure within the EU law and legal framework.

The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues. This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law. Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.

This thoroughly revised and expanded second edition of IT Contracts and Dispute Management provides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic. Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court’s judgment on ‘no oral modification’ clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.