With the growth in financial activity in and between the People's Republic of China, the Republic of China or Taiwan and the Hong Kong Special Administrative Region, an understanding of the development and status of financial law and regulation in the Chinese Economic Circle is increasingly important. This book provides an overview of the most significant areas of financial regulation in the Greater China Area, bringing together expert essays on banking, insurance, securities and general financial law in the PRC, banking and insurance in Taiwan, and financial law in Hong Kong. This work collects in a single volume, the significant history and development of financial law within the Greater China Area, providing an insight into the development and relationship of these three diverse but inter-related financial systems.

This work examine the development of national competition laws and policies in the European Community. Scholars have observed a gradual convergence of national European cartel laws towards EC competition law in recent years. Furthermore, most writers ascribe an important role in this convergence process to the influence of and pressure from the European Community. This is a remarkable conclusion considering the diversity that could be noticed only decades ago and the fact that the European Community has taken no direct legal action to harmonise national competition laws. These observations give rise to two questions: First, what is the extent of this convergence process and on which aspects do differences persist? Secondly, what have been the driving forces behind this development, and especially, what has been the role of the European Community in it? The study concentrates on three countries, namely Germany, Austria, and the Netherlands, which represented different models only some decades ago. The book aims at providing more insight into the development of competition policy in the EC and into the adaptation of national regulatory policy to EC law in general. This book should be of interest to lawyers, political scientists, and economists working in the field of competition policy, as well as to scholars interested in European integration in general.

This year's volume of the "Comparative Law Yearbook of International Business deals with various aspects of the arbitration process. Some of the areas covered include the appointment of arbitrators, the points to be borne in mind by arbitrators during the conduct of arbitral proceedings, the evidentiary procedures involved in arbitration, and the advantages and disadvantages of arbitration when pitted against conventional litigation. Crucial to any successful arbitration is good preparation, in particular the setting down in an arbitral agreement of the intentions of the parties with regard to any future disputes that may arise between them. Ideally, the parties should agree, "inter alia, upon the type of arbitration, the choice of law, the "situs, and the number and appointment of arbitrators. The appointment of the arbitrators is a very important consideration in the conduct of an arbitration procedure. First, one must decide whether a sole arbitrator or a panel of three or more arbitrators is preferable in the specific circumstances, taking into account such criteria as cost, time, complexity of the issue, and the experience of the arbitrators. These points also, of course, have a bearing upon whether one chooses to arbitrate in the first place or whether litigation would be a more suitable route. Various factors in making these decisions are discussed in detail by the authors in this volume, and much valuable guidance is given to those involved in the arbitration process.

Once Brazil came to a clear awareness of its prodigious global economic power a few short years ago, the government quickly undertook a number of sweeping procedural reforms in its competition system that not only made the Brazilian antitrust enforcement authority a model for newer competition agencies worldwide but also fuelled the propulsion of Brazil to an unprecedented level of trading activity. Now, this thorough and informative volume describes and analyses, from a practitioner's point of view, the procedural details and economic underpinnings of this remarkable new antitrust regime. With close attention to US and EU comparisons, as well as to the world institutions that incorporate an antitrust dimension, the authors' in-depth coverage encompasses such aspects as the following: regional and global competition cooperation agreements; Brazilian antitrust methodology of analysis (for mergers and behaviours controls); procedures, agreements, and statistics on merger control (concentration acts); veto (full rejection), partial clearance (remedies), preliminary clearance all under a case law approach; definition of "economic group" and the challenge of private equity funds; anticompetitive behaviours, boundaries, liabilities, trends; collaboration among competitiors: safe harbours and risky areas; Brazilian leniency policy, statistics, updated rules; settlement agreements on Brazilian competition regime (mergers and investigations); penalties for violations either in mergers or conducts controls; judicial review or challenge of agency decisions: how CADE is succeeding in Courts; private damages in Brazil: evolving trend to be considered in risk analysis; competition and intellectual property: general rules, main cases and safety zones.

This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company ("GmbH") and the German Stock Corporation ("AG"). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company ("SE").

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The dramatic rise in air traffic, together with rapid residential and commercial development around our metropolitan areas, has strained the capacity of airports to serve the public safely and efficiently. Hardaway's book explores this problem in depth. Drawing on both the hands-on expertise of professionals in the field and a thorough grounding in law and public policy, it looks at the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion, and operation of airports.

Beginning with a review of airport regulation from 1903 onward, Hardaway examines aspects of regulatory power, including federal and local authority, local proprietorship, and citizens' concerns. Chapters on airport planning, financing, and operation have been contributed by experts with practical experience in these fields. The question of civil rights in employment and marketplace competition is also considered. Other topics addressed are local, state, and federal regulation of noise; responses to the terrorist threat; the airport as a public forum for free speech and the exercise of religion; the economics of regulation; and the impact of anti-trust legislation. Offering constructive proposals for policy development as well as detailed analysis of current problems, this book will be appropriate reading for students, educators, and professionals concerned with air transportation development, management, policy, and law.

This book is an overview of the hazards of firefighting, the health risks of exposure to combustion products that characterize firefighting, the science behind interpreting these risks for purposes of identifying diseases as work-related, and the legal and policy implications of adopting legislated "presumption" for purposes of compensation. The emphasis of the book will be on the risk of cancer, cardiovascular disease, traumatic hazards, and disabling psychosocial adjustment following major incidents. Several new studies have appeared recently, including the largest study of firefighters ever done, by the National Institute of Occupational Health and Safety (NIOSH). They evidence supports the conclusion that firefighters face significant occupational health risks in addition to the obviously severe safety hazards.

Liability law is clearly expanding through an increasing number of strict liabilities, increasing claim-consciousness and higher amounts awarded. This work puts forward a number of views on how modern tort law copes and should cope with these changes. It provides a brief overview of a broad range of legal systems and describes the tools used to prevent the burden of liability law from becoming too heavy, such as causation, duty of care, caps and ceilings and ad hoc moderation.

Written as a comprehensive reference for personnel managers, vice presidents in charge of human resources, and for practicing attorneys, "The Employment Contract" addresses both the historical development of the employer-employee relationship and current legal practice. In addition to thorough coverage of the many legal and nonlegal concepts and precedents involved, Freedman also offers in-depth analysis of such timely issues as the impact of AIDS on anti-discrimination statutes and problems of sexual harassment in the workplace. Throughout, the discussion is illustrated with ample references to applicable case law.

Freedman begins by exploring the traditional master-servant relationship and its impact on beginning concepts of the employment contract. He goes on to trace the laW's response to various issues affecting the rights and responsibilities of employers and employees including the termination and dismissal of employees; age, racial, sexual, and religious discrimination; the discriminatory problems of the handicapped; and other federal statutes such as unemployment compensation, the Fair Labor Standards Act, and the Employee Retirement Income Security Act (ERISA). In a separate chapter devoted to workplace injuries, federal statutes such as Workmens' Compensation and the Federal Employers' Liability Act also receive thorough treatment. The volume concludes with comprehensive discussions of liability to third parties, noncompetitive covenants, unions, and migrant and alien employees.

This book focuses on the social and environmental issues being addressed by agricultural law within the current globalised system. What is agricultural law? Agricultural regulations concern and affect essential human needs and values that must be dealt with by pursuing a comprehensive and coordinated global approach. By tracking the developments in this context, this book explores the new challenges that agricultural law needs to address in order to frame emerging dilemmas. International governance of natural resources and their role in addressing food insecurity is the object of the first Part of the volume, which deals with sustainable agriculture and agro-ecosystem services in connection with the food security issue. The second Part focuses on the regulation of food as the main product of agricultural activity, and explores the answers that the law can provide in order to accommodate consumers' interests and concerns (inter alia, novel foods, animal welfare, direct sales and e-commerce). The third Part examines the social, environmental and legal consequences of a renewed interest in agricultural investments. Further, it analyses the evolution and the interplay between different legal systems with regard to land tenure, environmental concerns and investments in agriculture.

The objective of this book is twofold. First, it presents the economics of minority shareholdings, under both merger and antitrust law. In particular, economic analysis provides both an overall assessment of minority shareholdings in the context of concentrations, and Articles 101 and 102 TFEU and the examination of the link between non-controlling minority shareholdings, merger control and antitrust law. Second, the book also provides a legal assessment and an analysis of selected case law. According to settled European case law, minority shareholdings are analysed not only under Regulation 139/2004, but also under Articles 101 and 102 TFEU. Nevertheless, according to current enforcement practice at European and international levels, several national competition authorities have adopted different approaches. The million dollar question is whether the existing regulatory framework is sufficient to cover all possible cases. In summary, the book will be a useful tool for students, practitioners, researchers, economic and legal experts and competition authorities. It provides a comprehensive survey of the subject, which has been missing until now and answers many questions that have been raised in the literature in the last decades.

Sports marketing is not only a global phenomenon, but also a major industry in its own right. This book breaks new ground in that it combines the theory and the practice of sports marketing agreements, which are at the heart of the commercialisation and marketing of sport. A particular feature of this book is the wide-ranging collection of precedents of sports marketing agreements, including, inter alia, sponsorship, merchandising, TV rights and new media, sports image rights and endorsements, event management and corporate hospitality, that are included and are explained and commented on in the text of the book. The book also covers the EU aspects, which are particularly important in this context, especially collective selling, of Sports TV rights and the drafting of the corresponding agreements; as well as the fiscal aspects of sports marketing agreements in general and sports image rights agreements in particular, which need to be taken into account in order to reduce the tax burden on the resulting revenues. With so much money at stake in sports marketing, the book also deals with the important topic of dispute resolution and, again, provides the reader with some useful corresponding clauses for settling disputes by ADR, particularly through the Court of Arbitration for Sport (CAS). As the author remarks in his Preface, the aim of the book is to provide a leading resource for all those engaged in any way in the money-spinning field of sports marketing, combining - as this book uniquely does - both the theory and the practice of drafting, interpreting and enforcing a variety of sports marketing agreements, especially those with an international dimension.

This Handbook examines the essential nature of the law within an educational context and asks why there is not greater preparation for this aspect of a teacher's role. Principals and teachers across the world now work in increasingly uncertain and challenging environments involving complex legislative frameworks, with their roles and responsibilities constantly changing to meet these demands: thus, it is imperative that educators adapt and acquire new skills relating to child protection and criminal law. On a daily basis, teachers and practitioners are being challenged to critically examine and evaluate the legal rights and obligations of various stakeholders, including students, parents, educators and administrators. However, if these skills are not developed, the implications will be significant: particularly so if principals are deterred from pursuing innovative education strategies due to potential litigation risks. Consequently, the chapters will empower principals and teachers in the management of these concerns. This wide-ranging handbook, including case studies from around the world, will be of interest and value to both scholars of education law and practitioners.

The development of judicial review has been one of law's great growth industries for more than a quarter of a century. It is the public bodies whose activities are routinely subjected to judicial scrutiny which have felt the effects of judicial review most keenly. There has also been a trend in recent years towards judicial review of private bodies whose activities include a public aspect. This has meant a growing awareness,in industry and commerce, of the potential for review of regulatory decisions. In light of the growing importance of this branch of public law, the LSE and Brick Court Chambers decided jointly to host a series of seminars out of which this book has developed. In this important new book expert academics and practitioners (some of them lawyers working in regulated industries) analyse the origins and modern growth of judicial review in the commercial context and attempt to analyse the way in which the law may develop in the future.

Turkey has been reforming its energy markets since the 1980s, culminating in two major bills in the early 2000s. The country has restructured electricity and natural gas markets, establishing an independent regulatory agency (EMRA) and passed legislation on renewable and nuclear energy. With these regulatory reforms, Turkey, as a candidate country for accession to the European Union (EU), has aimed to direct the energy markets to a more competitive environment in parallel with EU energy directives. This book contains an analysis of regulatory reforms in Turkish energy markets (electricity, natural gas, renewable and nuclear energy), the impact of these reforms on country's energy portfolio and role in global energy trade, especially between the EU, the Caspian, Caucasus, and Central Asia. Finally, the book concludes with recommendations for Turkish energy policy. The authors are expert scholars who have written extensively on Turkish regulatory reform and energy economics and who have broad knowledge of global energy market dynamics. The book will be a unique guide for those concerned with the different areas of the Turkish economy and international audiences interested in energy markets of Turkey and surrounding regions, making the book of interest to not only researchers in academia but also industry practitioners, regulators and policy makers as well.

Where there's trade, there's taxation. And more often than not these days, that means United States taxation. This book clearly explains basic structural features and accounting issues, corporate and partnership taxation, and the rules governing international transactions, both inbound and outbound. It provides concise answers to such questions as: what is the US tax treatment of mergers and acqusitions?; how are joint ventures and other hybrid entities taxed in the United States?; how does the US foreign tax credit work?; what are the most tax-beneficial ways to form a business in the United States?; and how can special profit and loss allocations under US partnership law be used in international transactions? It helps to provide a clear "picture" of the US tax system, yet the book is also of great value as a quick reference when a US tax problem needs to be solved.

This book treats one of the thorniest issues in contemporary antitrust theory: the role of tacit collusion among oligopolistic undertakings and the instruments to apply competition law against its harmful consequences. The author builds a very thorough parallel among US and European legal traditions, enforcement possibilities and concrete choices against tacit collusion. The result is an advanced and entertaining reading to be recommended both to lawyers and economists that study and practice antitrust.' - Pier Luigi Parcu, European University Institute, ItalyBy examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis of collective dominance itself and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rules - from dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion as a strategy made of collusion and competition. The author considers economic models equalling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions. Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers. Contents: Introduction Part I: Parallelism in US Competition Law 1. US Antitrust Policy Towards Parallelism: The Ex Post Enforcement 2. The US Merger Policy Towards Collusion Part II: Parallelism in EU Competition Law 3. First Evidence of the 'Oligopoly Problem- in the Enforcement of EU Antitrust Laws 4. The First Stage of EU Oligopoly Control: Shaping the Category of Collective Dominance 5. Airtours and its Aftermath Part III: A Suggested Approach to Collective Dominance 6. Coordinated Effects in EU Merger Control 7. Abuses of Collective Dominance Section I: Taxonomy of Collective Dominance Section 2: Dealing with Tacit Collusion 8. Lessons from Collective Dominance: Re-thinking the Relationship of Articles 101 and 102 Concluding Remarks: EU and US Approach to the Oligopoly Problem: An Economic-based Trend toward Convergence Bibliography Index

Almost all conversions of former Landwirtschaftliche Produktionsgenossenschaften (LPG - agricultural production cooperatives) in the years of 1990/91 were deficient. The volume documents the facts and presents the legal situation and the deviating practice. The legal-political background is considered as well as the strategy of politics and administration.

This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights - on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law - the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

This edition has been reviewed and updated, including the relevant general provisions of the civil code, and also incorporates the 1985 revisions to the law regarding Stiftungen (foundations). There is an overall emphasis on US legal terminology, although in a few instances references to English (UK) parlance is maintained for comparative purposes. The updating of the text was prompted by the revision of the Aktienrecht (share law), which became effective in 1992. The relevant sections of the Code (Arts. 620 to 763) have been fully re-translated, incorporating the revisions, together with selected relevant new provisions from other related laws. There is also an in-depth translation addressing current issues, including, besides the substance of the revision code, comparative aspects of both the laws of the European Union and the United States, including accounting rules. The charts and tables are also revised for this edition, including the 'synoptic tables'.

The author provides a commentary on 27 leading tax cases from the European Court of Justice, from Avoir fiscal (1986) to Hoechst and Metallgesellschaft (2001). He delineates the legal framework built by these cases, and the repercussions on national, community, and international tax law and practice. However is the author's proposed EC Model Tax Convention. This Model combines existing provisions of international tax law, as embodied in the OECD Model, with the principles of community tax law as enunciated by the European Court of Justice, and at the same time converts the body of recent scholarship into viable action programmes. The EU Commission supports this solution to the conflict between tax treaties and EC law. This volume includes such a model.

Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.

In this edited work, European experts in the energy field provide perspectives on the principal issues raised by the liberalization of the electricity and natural-gas markets in the EU. The various analyses are collected under four headings. Part One - Competition - discusses how, even when the market is fully open, substantial impediments to competition remain, such as long-term contracts, refusal of access to essential infrastructures or lack of capacity in interconnectors. Contributors discuss these deadlocks and suggest possible breakthroughs. In Part Two - Transmission and Trading - experts deal with network access and pricing and energy trading. Third-party access to the network is a critical factor in ensuring a real liberalization of the market, but it raises complex technical, economic and legal issues. Liberalization has also stimulated new forms of energy trading, including physical contracts and purely financial tools. The legal and economic framework of these new forms of transactions is discussed. In Part Three - Environment and Consumer Protection - experts investigate the extent to which the liberalization process favours industrial interests and explore in what ways environmental and consumer concerns are (or could be) an integral part of liberalized energy policy. Finally, in National Experiences, contributors discuss different approaches taken by four Member States (Belgium, France, Germany and The Netherlands) in opening their energy markets.