Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious 'grey market' for their own profit, free-loading on the investment of innovators and brand owners to the ultimate detriment of everyone? Parallel trade is in turn lionised and demonised, both in legal commentary and in the mainstream press. As one might expect, the truth lies somewhere between these extremes. Once goods have been manufactured they are put onto the market in one country by the manufacturer. Parallel trade occurs when the goods are subsequently transferred to a second country by another party (the parallel trader, who may be the end consumer). The distinguishing feature of parallel trade is that the manufacturer did not intend those particular goods to end up in the second country. The goods are normally described in that country as 'parallel imports' or 'grey market goods'. The latter term is generally used to suggest that the trade, while not exactly 'black market', is not entirely lawful either. Understanding how European Community law operates to permit or restrict parallel trade involves exploring a complex matrix of rules from the fields of free movement, intellectual property, competition and regulatory law, including both private and public enforcement regimes. Where goods are parallel imported from outside the Community these rules change and new considerations come into play, such as obligations arising from the European Economic Area, the World Trade Organization and bilateral free trade agreements. The experience of Europe, which has grappled with the issues on a regional basis for more than four decades, provides a fertile source for examination of parallel trade in other jurisdictions. Christopher Stothers' comprehensive treatment successfully analyses this difficult topic, considering both Community and national decisions.

This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets.Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: A* Why a new regulatory framework?A* Are sectoral regulation and competition law enforcement mutually exclusive or complementary?A* Why should electronic communications markets be regulated to conform to competition law principles?A * What does competition law add to sector-specific regulation?A* What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes a propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.

Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK's approach to bankruptcy and corporate rescue. In a similar vein, recent reform in France has modernized French insolvency law and has even introduced a tool similar to the successful English 'company voluntary arrangement' (CVA). This book provides a collection of studies by some of the leading English and French experts today, analyzing current perspectives of insolvency and financial law in Europe, both on the national level as well as on the European level.

Competition policy is in the process of adoption in dozens of nations worldwide, at a time when competition laws have necessarily become applicable to such new fields as trade, investment, intellectual property rights, information technology, and global consumer protection. Although vigorous enforcement - especially across borders - remains the most serious challenge to global success, it is also important to recognize that the established American-European model of competition policy may not be the "right thing" for countries with radically different cultural traditions, especially less-developed countries. This book explores the prospects for competition policy, its likely development, and its ever-more-central role in the world trade regime. With this book, interested parties may benefit from the perspectives of scholars and policymakers representing Asia Pacific, Europe, and North and South America. Issues investigated include: the costs of absorbing a new technology; distinct and evolving national competition policies and the fabric of world trade; extraterritorial enforcement and co-operation agreements; criteria for "material injury" in international trade rules; collusive technology transfer barriers; the re-emergence of transnational cartels; and the tendency of anti-dumping rules to foster cartelization. The major competition policy issues on the international agenda - the harmonization of national policies and international trade rules; the integration of intellectual property rights, technology transfer, and investment; and enforcement co-operation across borders - are all analyzed in depth from many different angles. This is a valuable book for practitioners, government officials, and academics in this critical area of contemporary law and policy.

This book is a comprehensive treatment of worker participation in the United States and its relation to the legal system. The purpose of the study is to analyze the meaning and practice of industrial democracy and to propose statutory reforms that would benefit both management and labor. It is unique in its interdisciplinary approach, which combines research from the fields of history, law, industrial relations, sociology, and organizational behavior.

Labor-management cooperation and worker participation are subjects of vigorous debate. This work examines the arguments concerning the benefits and deficiencies of involvement programs, their impact on union relationships, and their function as techniques to enhance productivity and competitiveness in the workplace. The study traces the history of participation from its inception in the 1870s through the 1980s, surveying the case law from 1934 to 1991, and provides a political and economic context for the analysis of participation. The book will be of interest to scholars and professionals in industrial relations, industrial sociology, labor law, and labor studies.

This book contains the papers written for the seventh volume in the Oxford-Norton Rose Law Colloquium Series, which was held in St Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past colloquia, this brought together practitioners (solicitors, barristers and Judges) and academics to examine and discuss an area of commercial law. The belief underpinning all the colloquia has been that the sharing of views on central topics of commercial law can only work to the mutual advantage of both academics and practitioners. The topic chosen this year was Contract Terms which is a topic of everyday importance to all commercial lawyers. It is also an area in which academics have become increasingly interested in recent years.
The book begins with an introduction by the editors which draws out the central features of the discussions at the colloquium. It is followed by an introductory practitioners' perspective written by Richard Calnan of Norton Rose.
The colloquium papers have then been divided into three main sections. The first on 'Construction and Interpretation' comprises the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows, Robert Stevens and Stefan Vogenauer. The second on 'Legislative Control of Unfair Terms' has papers by Elizabeth MacDonald, Susan Bright and Hugh Beale. The third on 'Issues Related to Particular Types of Term' looks at entire agreement clauses, termination clauses, force majeure clauses, retention of title clauses and choice of law clauses. This third section contains chapters written by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise Gullifer and Adrian Briggs.
The papers have all been written by eminent academics andtogether they provide a stimulating and up-to-date examination of Contract Terms. The book will be essential reading for all practitioners involved in drafting contracts or in commercial litigation, commercial barristers, and academics interested in contract and commercial law. The foreword has been written by the senior Law Lord, Lord Bingham of Cornhill.

The rhetoric of 'flexibility' and its potential to empower workers forms a key part of employment policy at the EU level. This book examines the regulation of 'flexible' or 'non-standard' forms of work, which include part-time, temporary, and temporary agency work. It unites analysis of changing patterns of work with exploration of the policy debate about how such work should be regulated. McCann explores how workers in non-standard jobs have traditionally been excluded from the protection of labour law or treated less favourably than the full-time permanent workforce because labour laws have been designed around the 'standard' full-time permanent employee. Analysing in detail recent United Kingdom legislative reforms and the wider context of the EU and International Labour Organization, this book shows how, although flexible working arrangements are now more strongly protected, they are not fully integrated into UK labour law. McCann ascribes the continuing disadvantage of flexible workers to the quest to maintain a 'flexible' labour market. She contends that the current balance between ensuring flexibility for employers, and ensuring minimum standards for workers is undermining protection for non-standard workers by allowing their employment rights to be derogated in the interest of labour market flexibility.

What began as a standoff between competing steamship entrepreneurs ended as one of the Supreme Court's most significant cases. Gibbons v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war for power between individual states and the federal government. By applying the Commerce Clause of the Constitution, the Court set a key precedent for federal authority. But, behind the scenes, the ""Steamboat Case"" also demonstrated Chief Justice John Marshall's instrumental role as mediator on the bench. Untangling the issues and the arguments in Gibbons, Herbert Johnson reveals the lasting impact of this landmark case on both commerce in the Early Republic and the understanding and growth of federal power during the last 200 years. Johnson brings the case's protagonists--including Marshall and Daniel Webster--vividly to life and deftly illuminates its key aspects: the ambiguity of the Court's judgment; Justice William Johnson's nationalist-oriented concurring opinion; Marshall's avoidance of such key issues as the role of the dormant commerce clause and the relationship of foreign trade, interstate commerce, and diplomatic relations; and Marshall's failure to address patents and state monopolies. Perhaps most significant, the author challenges the traditional view that Gibbons established that the Constitution bestowed upon Congress an exclusive power to regulate interstate commerce. Drawing on recent research into the early Court, Johnson shows how Gibbons provides a salient example of Marshall's ability to gain agreement despite severe differences among his colleagues. No longer surrounded by fellow Federalists on the bench, Marshall mustered all of his managerial skills to achieve consensus, and his opinion for the Court reflected the concessions and agreements that he engineered to achieve near unanimity in a decision that favored federal power without establishing a definitive endorsement of it. Johnson shows that the outcome of this case was a key moment in the economic history of the nation, heralding the expansion of entrepreneurship and technology while justifying federal primacy in the regulation of commerce. Concise and ideally suited for the classroom, his study not only provides new insight into this landmark case but also attests to its significance in the working of the early Court. This book is part of the Landmark Law Cases and American Society series.

This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests. Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.

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.

During its first fifteen years, the EU's merger control system, unlike most others in the world, offered only minimal possibilities for taking efficiency gains into account as a mitigating factor that might offset the anti-competitive effects of a merger. This book examines the background to a change in the legal framework which occurred in May 2004 with the entry into force of a new Merger Regulation that for the first time explicitly recognises the possibility of an efficiency defence. European Merger Control assesses the likely impact of this new regulation, and discusses the pros and cons of the efficiency defence, how other merger control systems deal with efficiencies, how the investigation process can be organised to accommodate the analysis of efficiency gains and the main theoretical and practical problems which arise when anti-competitive effects have to be weighed against efficiency gains. With contributions from distinguished academics in the field of industrial economics and officials with practical experience of merger control, this book will be of interest to consulting economists practising in the field of competition policy, competition lawyers, micro-economists and officials of competition authorities.

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.

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.

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 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.