Foreign Direct Investment in Chile addresses all aspects of foreign direct investment in Chile and is very timely since the economy of Chile is growing at a rapid pace. It is considered to be a model in Latin America. In the past few years, foreign investment in Chile has been transformed into a highly significant macroeconomic variable. Indeed, the phenomenon of foreign investment has enticed companies from over sixty countries, representing all the continents. Without a doubt, the impact foreign investment has had on the country's economic development is significant. In December 1994, Chile was formally invited by the United States, Canada and Mexico to join the NAFTA. Negotiations leading to Chile's participation in the NAFTA are expected to begin in the near future. This development will clearly yield many benefits for Chile. First and foremost, this development, acting in concert with the political and economic stability of Chile, will serve as an impetus for more companies, particularly those of American origin, to invest in Chile. This book analyzes the national legal norms of Chile, offering a very useful perspective on the legal regulations of each sector of the economy in general, and on foreign investment in particular.

This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question "Who is the owner of trust property in China?" Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled "Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information." International panelists consisted of members of the legal profession, corporate representatives and a court justice. The discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests. The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

Like it or not, money launderers are major players in the world's economy. Their strategies constrain national economic policies and undermine financial institutions. With the advent of secure transfer technologies, and with the help of modern financial theories of derivatives and leverage, money laundering has become a significant structural component in contemporary geopolitics. This analysis focuses on control: how the problem is handled by legislation and regulatory and law enforcement agencies (particularly in the US and the EU), what the daunting challenges are that must be faced, what more can be attempted. In the course of developing in-depth consideration of the numerous intertwining issues that arise, the author uncovers a wealth of precise detail about what we know and what we can reasonably surmise about patterns of money laundering activity. Relevant matters covered include: the internal measuring and monitoring systems used by financial institutions; methodologies in use or in development to measure the extent of money laundering; the role of money laundering in the "informal economy"; the global rise of new criminal organizations; conflicts of criminal legislation and civil law; the relation of money laundering to capital flight; degrees of moral ambiguity and appropriately tailored control strategies; the role of offshore financial centres (OFCs); the use of derivatives in the money laundering process; obstacles to the monitoring of wire transfer activity in real time; and the "ethical indeterminacy" of white-collar crime. As a cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - this book identifies an array of criteria that may be used to develop and implement effective control strategies.

EUCOTAX (European UniversitiesCooperating on TAXes) is a networkof tax institutes currently consisting ofeleven universities: WirtschaftsuniversitatWien in Austria, KatholiekeUniversiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, UniversitatOsnabruck in Germany, Libera, UniversitaInternazionale di Studi Socialiin Rome (and Universita degli Studidi Bologna for the research part), in Italy, Fiscaal Instituut Tilburg atTilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, QueenMary and Westfi eld College at theUniversity of London in the UnitedKingdom, and Georgetown University inWashington DC, United States ofAmerica.

In this volume 21 experts from all over the world examine the UNIDROIT Principles from the perspective of their respective countries, focusing, among others, on the similarities and differences between the UNIDROIT Principles and domestic law, and the use of the UNIDROIT Principles in actual practice (contract negotiation, arbitration proceedings, model for law reform projects, etc.). These national reports are critically analysed in the General Report by Professor M.J. Bonell, Chairman of the Working Group for the preparation of the UNIDROIT Principles.

This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.

Law relating to trade in financial services is examined here, with a particular focus on the rules contained in Chapter 14 of the North American Free Trade Agreement (NAFTA). After a detailed analysis of the relevant provisions and their effect on financial institutions in Canada, Mexico, and the United States, the author examines the impact of the NAFTA rules on the legal position of banks operating in countries outside NAFTA, particularly in the context of the WTO financial services provisions. The book concludes with a chapter on the effects of a potential NAFTA expansion. The book aims to contribute to the development of a new legal and regulatory framework distinct from those of trade and financial services law, and offers an insight into how trade in financial services within a regional trade agreement develops its own legal dynamic.

Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.

'In The ASEAN Comprehensive Investment Agreement: The Regionalization of Laws and Policy on Foreign Investment, Julien Chaisse and Sufian Jusoh provide analysis --unmatched in scope and detail -- of ACIA's role in supporting the development of the ASEAN Economic Community. This contribution will serve as an invaluable resource for policymakers, business leaders, lawyers, and scholars interested in the development of investment law and policy in Asia.' - Mark Feldman, Peking University, China 'Julien Chaisse and Sufian Jusoh take up the formidable challenge of unpacking the ingredients of the Asian ''noodle bowl'', delivering a comprehensive book that synthesizes the convoluted investment legal standards pertaining to the ASEAN into an intelligible discourse. Throughout, they offer insight into the design and purpose of this model of economic integration, as well as its impact on the rights of investors from states neighbouring the ASEAN region. This volume serves as a reliable and practical guidebook that will edify any reader interested in the subject matter.' - Kyle Dickson-Smith, FCIArb., Canada/Australia The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA). This book comprehensively examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment. Considering the state of the ASEAN Economic Community in 2015 and its transformation until 2025, Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA has to play in future international investment law negotiations and the benefits to ASEAN and third country investors and their investments. Collective commitment to a common standard contributes to depoliticize any potential conflict between individual investors and host states making the agreement particularly crucial to discussions involving ASEAN member states and between ASEAN and Dialogue Partners as well as to investment decisions including investment liberalization and investment facilitation. Offering the first detailed analysis of ACIA and its applications, this book will prove essential reading for legal practitioners in the field of international investment law as well as researchers and students studying the ASEAN Economic Community and its contemporary moulding.

Takeover bids are important for the internal market because they contribute to market integration and to business consolidation in accordance with the EC Treaty provisions on freedom of establishment. The Takeover Bid Directive of 2004 is designed not only to protect the interests of the holders of securities of companies (in particular, those with minority holdings), but also to promote EU-wide clarity and transparency in respect of legal issues to be settled in the event of takeover bids and to prevent patterns of corporate restructuring from being distorted by arbitrary differences in governance and management cultures. Analysing the Takeover Bid Directive in the light of EU Law, this important monograph examines the extent to which the Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. The analysis begins with a discussion of the fundamental freedom of establishment of companies, as well as of the legal bases for the harmonization of company law and capital markets law at EU level. Additionally, the significance of corporate mobility and of the freedom of establishment case law of the European Court of Justice for the takeover process is analysed. The author shows that, far from achieving market integration in the field of EU company law, the Takeover Bid Directive is a compromise resulting from the very different legal and policy approaches of the Member States in the field of takeover regulation. Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires the board to obtain the prior authorization of the general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, restricting significant transfer and voting rights during the time allowed for acceptance of the bid. Other relevant legal issues covered in the course of the analysis include the following: A { the right of establishment as a right of legal persons; A { vertical vs. horizontal direct effect; A { regulatory competence to harmonize the internal market; A { the Financial Services Action Plan and the Company Law Action Plan; A { effect of the principle of subsidiarity; A { the Takeover Report of the High-Level Group of Company Law Experts; A { the mandatory bid rule; A { squeeze-out and sell-out rights; A { the non-frustration/board neutrality rule; and A { the reciprocity rule. Company lawyers, managers, and investors in European undertakings will benefit from the author A|s well-informed analysis of the extent to which obstacles to cross-border takeovers addressed by the Directive, or indeed left intact by the Directive, are to be regarded as restrictions on the right of establishment, or simply as obstacles in practice to making a successful takeover bid. It may be anticipated that some of the insights to be discovered in this work will find their way into EU law in the coming years.

This complete guide to boundary surveying provides landowners, land surveyors and students with the necessary foundation to understand boundary surveying techniques and the common legal issues that govern boundary establishment. Far from a simple engineering function, boundary establishment is often a difficult and delicate matter, with real monetary and legal ramifications if not accomplished accurately. This book helps readers to understand why such challenges exist and what remedies may be available. Using only simple and logically explained mathematics, the principles and practice of boundary surveying are demystified for those without prior experience and the focused coverage of pivotal issues such as easements and setting lot corners will aid even licensed practitioners in untangling thorny cases. Practical advice on using both basic and advanced instruments is included, alongside clear explanations of legal regulations that will impact any surveyor s work. For those who desire a more in-depth treatment of the mathematical aspects of boundary surveying, the Appendix includes the underlying theory and many examples of typical calculations performed by boundary surveyors."

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

With a mature market economy and political stability, Uzbekistan has developed a strong legal regime that both fosters and protects business activity. Among the CIS countries it is considered to be second only to Russia in its attractiveness to foreign investors. This updated edition of a resource for businesses and their counsel presents reliable English texts, in the translations of W.E. Butler, of all the principal enactments affecting business activity in Uzbekistan. All texts are current as of April 2000. The book provides laws and implementing rules covering such areas as the following: joint-stock societies and other corporate vehicles; regulation of enterprises with foreign investments; business incentives; rights of stockholders; registration and liquidation procedures; banking; securities and the stock exchange; taxation; and bankruptcy.

In this brilliantly conceived and authoritative work, the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating in contrast to much received wisdom; the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.Using an extraordinary wealth of practical detail, and offering hundreds of pointed hypothetical and actual examples, Pires de Carvalho dispels the murkiness around such essential concepts and provisions as the following: the inevitable interdependence of industrial property and antitrust law; abuses of patent rights and the vexed issue of patents and monopolies; the legal implications of international exhaustion under Article 6; the meaning of balance of rights and obligations under Article 7; divestiture and the fruits doctrine under Article 32; international cooperation in identifying antitrust violations in licensing agreements; protection of confidential information in court proceedings; protection of undisclosed test data against unfair commercial use under Article 39. 3; and the WTO Dispute Settlement Mechanism in the context of undisclosed information.Of special value in this book is the author's far-reaching analysis of the controversial emerging field of test data protection in industrial property. "The TRIPS Regime of Antitrust and Undisclosed Information" provides a practical and insightful explanation of the meaning of the relevant TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. It combines an easy-to-follow article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property rights at a deeper level. Lawyers, judges, scholars and government officials will find an abundance of information and legal analysis here that will help them identify antitrust issues and solutions to problems of trade secrets posed by the implementation of the TRIPS Agreement.

Air Law CO-PUBLICATION WITH ANT N SAKKOULAS PUBLISHERS GREECE At the end of 2002 the third package has been in force for ten years. It was therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programmes, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issues, but it is now back in earnest - in connection with the very different responses of the EU and the US to the events of 11 September, the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission's agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association's annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed, particularly in view of the expected imminent special aviation arrangements between the Baltic states and the EU.

Veres, Sims and their contributors focus on the nuts-and-bolts issues in human resource management (HRM) created by passage of the Americans with Disabilities Act (ADA), then identify future issues and their projected impact. With practical discussion of traditional HRM activities and innovative activities the act has created, they help alleviate fears and, in doing so, fill a wide gap in the literature on ADA compliance. A welcome resource for human resource professionals and their academic colleagues as well.

The history of federal regulation in the United States is such that fears in the human resource management community with regard to the Americans with Disabilities Act are hardly irrational. Especially disconcerting is the act's scope; and, to make matters worse, its provisions are often vague and even obscure. Writing from the viewpoint of human resource professionals, Veres, Sims, and their contributors look closely at some of the major issues raised by the act's passage, then forecast what other issues will be in the future. In doing so they provide practical advice on how to comply with the act in day-to-day situations and on crucial management topics.

Veres, Sims, and their contributors examine the act's provisions and the ways in which it demands that managers scrutinize and reassess their essential functions. Compliance issues and how to avoid running afoul of the act's provisions are examined next, followed by a discussion of how the act applies to recruiting, testing, and employee selection. The performance appraisal process and how non-imparied employees will respond to accommodations required for their non-impaired colleagues is carefully laid out, and the interaction of the Equal Pay Act and the ADA is examined. Training needs in an ADA context and other problems are also treated, with special focus on ways in which employee discontent can be minimized as such problems are met and solved. A valuable guide and resource for human resource professionals and their academic colleagues.

In today's highly concentrated marketplaces, social and cultural values-such as the lifestyle connotations that manufacturers and sellers confer upon their goods-often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.' - Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists. Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. Weil

The last half of the 20th-century has seen a phenomenal increase in the volume and complexity of international business. Global economy allows multinationals to design their operations in a manner that may significantly reduce their taxes, particularly by taking advantage of tax incentives offered by many countries to attract geographically-mobile capital and activities. Since 1962, 19 countries have enacted specific statutory regimes to counteract the perceived abuse of controlled foreign companies located in tax havens. In three cases to date, controlled foreign company (CFC) legislation has been challenged in legal proceedings on the basis that it contravened a tax treaty. The author presents an in-depth analysis of the potential conflict between CFC legislation and tax treaties. The author also evaluates the potential conflict between the CFC legislation found in European Union countries and the EC Treaty. This comprehensive work should be of interest to international tax advisers.

Divided into three sections, this yearbook first looks at criminal law in a European integration context and at the GATT, the EC and anti-dumping. It then explores the topic of acquisition of real estate by foreigners and the issue of health and the law in various countries.