Corporate Manslaughter and Regulatory Reform provides an innovative account of the emergence of new corporate manslaughter offences to criminalize deaths in the workplace during the last twenty years. This has occurred in many different national jurisdictions, but this book shows how these developments can be understood as a coherent phenomenon. It identifies the historical and legal origins of the instrumentalism that has limited the ability of health and safety regulation to respond effectively to work-related death cases, and explains how and why criminal law came to be used as a means of addressing these limitations by reinforcing the moral values underpinning regulation. The contemporary neo-liberal political context is shown to have posed fundamental challenges to systems of safety regulation, and created an environment in which the criminal law is seen as an effective and desirable means of delivering important moral and symbolic messages that regulation cannot communicate effectively itself.

The authors of this work are tax specialists representing both high-tax and low-tax jurisdictions. They address tax issues that impact business enterprises as well as individuals, presenting a sampling of issues, each addressed by a commentator whose practice deals directly with such matters on a regular basis. Countries covered are: Austria, France, Germany, Gibraltar, Italy, Liechtenstein, Spain, Switzerland, the Netherlands and the Netherlands Antilles, and the USA. The reader will find a range of useful information, not only on the complexity of international taxation, but also its potential for the resolution of conflicts and the mitigation of unfair tax burdens through amortization and international co-operation.

In dealing with the complex issues surrounding labor law, this volume analyzes the rapid, profound, and all - encompassing nature of change in the work place. The essays examine the politics of the modern working world and its relationship with the law. By taking an interdisciplinary approach, including articles from feminist and social justice theorists, this volume is a significant contribution to the worlds of law and industrial relations.

A freshly provocative look at the nexus linking EU security, trans-Turkey energy supply routes to Europe and Turkey's EU membership negotiations, this book argues that Europe's collective energy security prospects have become increasingly tied to Turkey's progress towards joining the EU.

The property rights "movement," a coalition of mineral industry actors, anti-government propagandists, and local economic interests, is best viewed as a backlash aimed at regulations associated with environmental protection and public lands conservation policy. Using a combination of interviews and archival research, Olivetti and Worsham examine the interplay between attempts to set the property rights agenda in Congress, the Courts, and at the state level. They find that having failed to take control of the congressional agenda, the movement engages in a vertical shift, focusing its efforts on the states and through state level challenges, the federal courts.

Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Millions of laborers, from the Philippines to the Caribbean, performed the work of the United States empire. Forging a global economy connecting the tropics to the industrial center, workers harvested sugar, cleaned hotel rooms, provided sexual favors, and filled military ranks. Placing working men and women at the center of the long history of the U.S. empire, these essays offer new stories of empire that intersect with the "grand narratives" of diplomatic affairs at the national and international levels. Missile defense, Cold War showdowns, development politics, military combat, tourism, and banana economics share something in common-they all have labor histories. This collection challenges historians to consider the labor that formed, worked, confronted, and rendered the U.S. empire visible. The U.S. empire is a project of global labor mobilization, coercive management, military presence, and forced cultural encounter. Together, the essays in this volume recognize the United States as a global imperial player whose systems of labor mobilization and migration stretched from Central America to West Africa to the United States itself. Workers are also the key actors in this volume. Their stories are multi-vocal, as workers sometimes defied the U.S. empire's rhetoric of civilization, peace, and stability and at other times navigated its networks or benefited from its profits. Their experiences reveal the gulf between the American 'denial of empire' and the lived practice of management, resource exploitation, and military exigency. When historians place labor and working people at the center, empire appears as a central dynamic of U.S. history.

This book examines a key aspect of the post-financial crisis reform package in the EU and UK-the ratcheting up of internal control in banks and financial institutions. The legal framework for internal controls is an important part of prudential regulation, and internal control also constitutes a form of internal gate-keeping for financial firms so that compliance with laws and regulations can be secured. This book argues that the legal framework for internal control, which is a form of meta-regulation, is susceptible to weaknesses, and such weaknesses are critically examined by adopting an interdisciplinary approach. The book discusses whether post-crisis reforms adequately address the weaknesses in regulating internal control and proposes an alternative strategy to enhance the 'governance' effectiveness of internal control.

Journalists have often lost constitutional rights for coverage and commentary during America's wars. Based on analysis of two hundred years of law and history, this study argues that press freedom cannot and should not be suspended during armed conflict. The military and the media must work together because neither has authority over the other.

This book deals with competition policy from the standpoint of a business executive. It enables a busy reader to go straight to the business practice with which he is concerned and from there to a summary of the authorities' treatment of that practice. At the same time, it provides the reader who wishes to add an appreciation of anti-trust compliance to his professional portfolio with a comprehensive overview of the subject, together with a guide to useful sources of further information.

This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. In doing so the text takes into consideration the national law of the following countries: Belgium, France, Germany, Great Britain, Italy, Netherlands, Norway, Spain, Switzerland, and the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection. The country-specific contributions follow a questionnaire which can be found in the beginning. The uniform structure of each contribution enables the reader to quickly find an answer to a legal question. All contributions have been written by experts from each member state.

Thanks to the strategy of "apertura" that has characterized economic policy throughout Latin America since the debt crisis, foreign investment is on the rise and a significant degree of economic stability has been achieved. In the global arena, however, the enormous promise of Latin American trade remains only partially realized, as policy makers in the region struggle to design a "fair" level playing field for encouraging sustained and equitable development, through implementing transparent regulatory business environments across the region. Competition policy has accordingly become a major regulatory issue in both individual Latin American countries and in regional co-operation arrangements. In considering the development of the "second generation" of regulatory policy initiatives implemented in the region, this book analyzes the role of competition policy in the promotion of successful and sustained economic development. Examples of the vital and diverse aspects of the region's competition policy agenda covered are: comparative assessments of the legal regime of different Latin American countries for dealing with business restrictive practices, including cartels, vertical restraints, market foreclosures and mergers; the increasing introduction of competition principles in the promotion of institutional reforms in the promotion of investments and technology, privatization processes, antidumping policy and trade remedies, and the regulation of public utilities; the institutional factors influencing the relationship between competition authorities and other regulatory agencies; the governance factors determining the agenda of competition policy enforcement; the impact of international competition principles on the policy agenda of Latin American competition authorities, in the context of the WTO, the FTAA and regional economic integration agreements. The author combines the legal description of the jurisdictions reviewed with the analytical tools of institutional economics, to give a fully rounded picture of this complex and evolving subject. As a result, "Latin American Competition Law and Policy" stands out as a fundamental resource for all world trade professionals at a time when Latin America's presence in the global economy is rapidly assuming greater dimensions.

Expanding international trade forces practitioners, academics, and jurists to wrestle more often with damages claims in international law, navigating the varied treatments of damages issues from country to country. Many of these decisions may be difficult to find, let alone assess. This text guides the reader through complex damage issues and their treatment around the globe. It examines issues and problems presented in determining compensatory interest, moratory interest, damages in foreign currency, attorneys' fees and costs, and punitive damages in foreign currency. The book is aimed at law professionals such as attorneys, arbitrators, judges and scholars, as a resource on how different legal systems address damages issues.

'Is private regulation of the Internet over? Have states taken over?' This book examines the function of self-regulation in cyberspace. It argues that contrary to what is often supposed in the literature, self-regulation is still an indispensable part of regulation of the Internet and will arguably remain so. It is intricately woven into the mesh of rules that governs the Internet today. Private regulation fills substantive or procedural gaps where no state regulation exists or where it is incomplete or ineffective, thus complementing the reach of state regulation. Simultaneously, states supply legal (and financial) frameworks that enable or complement self-regulation. In practice, often unknown to users, their behaviour is regulated by intertwined rules coming from both states and private groups. While each source of rules retains its identity and regulatory strengths, it is dependent on and complementary to the rules and processes of the other to effectively regulate Internet activities. Dr. Jeanne P. Mifsud Bonnici is a Senior Lecturer at the Centre for Law, Information and Converging Technologies, University of Central Lancashire, Preston, UK. This is Volume 16 in the Information Technology and Law (IT&Law) Series

Risk taking in business contributes towards innovation. Yet excessive risk taking is associated with corporate failure. Many authors have analysed the relationship between personal liability rules of managers and excessive risk taking. In this context, previous researchers have often argued that insurance against personal liability of the manager (D&O insurance) would weaken the manager's incentive to take care.However, little is known about the workings and effects of D&O insurance. This book analyses how D&O insurance should work ideally and how it currently works in the USA, the UK, the Netherlands and Germany.It illustrates how D&O insurance threatens but also benefits society and the economy. In fact, a properly functioning D&O insurance system can more elegantly incentivize adequate risk taking than for example, direct regulation of managerial activity (e.g. disqualification) or the adoption of harsher liability rules.This book provides an overview of the implications of D&O insurance, in particular to:- policy makers who can take concrete reform proposals from this book;- investors who can increase their returns by using the information on corporate D&O insurance policies;- creditors who can better estimate their debtor's default risk by understanding the debtor's D&O insurance policy; and- finally, prospective insurers who can learn in depth about the D&O market, the policy design and the D&O risk.

This text is the result of a conference held in London in September 1999, jointly organized by Hammond Suddards Solicitors and the Centre for the Law of the European Union of University College, London. This conference addressed the issues surrounding the European Commission's White Paper published in April 1999. In this respect, the conference presented distinguished speakers with an opportunity to air their views in public on this important development in the evolution of competition law in the European Union. The authors have tried to cover as much ground as possible, giving the view of authoritative contributors and competition authorities from most of the major European countries and from the European Commission. The contributors naturally focus on the Commission's White Paper and view their national situation in this light. There is detailed treatment of the situation in the UK and the entry into force of the UK Competition Act.

Prof. Dr. H. C. Klaus Vogel turned 70 in December 2000. For his students, colleagues and friends all around the world he has been not only a teacher and academic, but also a researcher and mentor, and this occasion provided the opportunity to honour him with a Festschrift. This celebratory volume, with contributions in German and in English, is published under the title Staaten und Steuern (States and Taxes) by C.F. Muller Verlag in Heidelberg. With the permission of the publisher, the present volume contains the English language contributions as a separate publication. The following articles are included.

The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "EU Energy and Climate Law Policy and Jurisprudence", "Energy and Climate Treaty Developments", "Energy Infrastructure Developments: Offshore Electricity Systems and Network Investments", "Heat Supply Legislation in the EUv and "Security of Energy Supply and Safety".

From our daily practice as scholars, consultants and entrepreneurs we know how critical it is to make the right decisions that can shape the future of a company. One of the earliest of such decisions is surely the selection of the appropriate legal form as it is hardly reversible and has major implications on the running business. Accordingly, we can nd a wealth of information about the pros and cons of speci c legal forms. However, so far there is only scarce information available once you decide to enter a foreign market. There are offerings, e.g. from the Chambers of Commerce and you can search the Internet. When information is provided in the local language, comprehension becomes dif cult. Furthermore, the material that is available today only seldom allows for a structured analysis and comparison of legal forms in different countries. From discussions with entrepreneurs we know that this situation has not only been cumbersome for us, but actually everybody who is thinking about starting up a business or widening the operations across country borders is faced with the complex task of deciding on a legal form.

This book opens up the secret world of tax havens and offshore finance centres (OFCs), a vast offshore business valued at over one trillion US dollars. It is a timely and original analysis of the role of OFCs in the emerging global economy. The book discusses who uses OFCs, how OFCs work and what drives their development. Extensive use of case study material from Jersey illustrates the growth of a successful OFC and its impact upon a small island.

In the 1970s, the Federal Trade Commission had embarked on an activist consumer protection and antitrust agenda which resulted in severe public and congressional backlash, including calls to abolish the agency. Beginning in 1981, under the direction of Chairman James Miller, the FTC started down a new path of economically-oriented policymaking. This new approach helped save the FTC and laid the groundwork for it to grow into the world-class consumer protection and antritrust agency that it is today. The Regulatory Revolution at the FTC examines this period of transition in light of continuing debate about the FTC's mission. Editor James Campbell Cooper has assembled contributions from leading economists and scholars, including many of the central figures in the Miller-era Commission and today's FTC, who provide a comprehensive and revealing story about the importance of economic analysis in regulatory decision-making. Together, they foster a crucial understanding of the evolution of the FTC from an agency on the brink of extinction to one widely respected for its performance and economic sophistication.