The Institute of Competition Law had the privilege to collect contributions of the "Global Competition Law Conference," organized by Professors David Gerber and Sungjoon Cho, held on October 28, 2011 at Chicago-Kent College of Law. The Conference's goals to expand the discussion on the future of competition law on the global level fully embody the Institute's mission. This collating volume includes ten contributions signed by prominent antitrust practitioners and academics. Readers will be offered the opportunity to explore the various views on the current and future developments of competition law on the global level as enlightened by David J. Gerber, Eleanor M. Fox, William E. Kovacic, David A. Hyman, Xiaoye Wang, Laurence Idot, Spencer Weber Waller, Andre Fiebig, Javier Cortazar-Mora, Wentong Zeng, and Mor Bakhoum."

The Telecommunications Act of 1996 envisioned a competitive free-for-all in the U.S. telecommunications industry with removal of barriers to entry in local telecommunications markets and the lifting of the artificial restrictions that kept the Regional Bell Operating Companies (RBOCs) out of the interLATA long-distance market. After close to 5 years, only one RBOC has been granted permission (controversially) to enter the interLATA market, and local competition has yet to provide most consumers with meaningful choices. In addition, the wave of mergers across the industry has raised the specter of putting the former Bell System back together again. Policymakers now openly question whether the Act can deliver what it promised. Three principal themes are developed in this book. First, there has been a coordination failure between Congress and the FCC in translating the principles embodied in the Act into practice. The authors provide evidence for this by analyzing stock market reactions to legislative and regulatory actions. This coordination failure was largely predictable, given the ambiguity in the Act, as well as conflicting jurisdictions between the FCC and the states. Second, the Act calls for wholesale prices to be based on cost.' Regulators adopted a costing standard (TELRIC) that provides a means to subsidize competitive entry in local telephone service markets. The ready adoption of the TELRIC standard by regulators is shown to be tied to the third theme: price cap regulation provides regulators with insurance' against the adverse effects of competition in local telephone markets. Statistical analysis reveals that regulators in price cap states set uniformly lower unbundled network element prices (lower barriers to entry) in comparison with regulators in rate-of-return and earnings sharing states. The result is a triumph of regulatory processes over market processes - the antithesis of the purpose of the Act.

The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

This "Liber Amicorum" celebrates the 60th birthday of Thomas Bar and Robert Karrer, who set up their international law practice more than 28 years ago. Contributions in the book are from practitioners and scholars in the field of international law. The "Liber Amicorum comprises 16 articles on topics ranging from business law to arbitration and from a global perspective.

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law. Contributors include: T.D.C. Bennett, S. Bretthauer, J. Campbell, P. Coe, M. Cornils, S.C. Ekaratne, A. Gajda, G. Gil, A. Koltay, R. Krotoszynski, J. Kulesza, D. Mangan, D. Milo, R. Moosavian, J. Oster, K.S. Park, M. Pearson, J. Reichel, D. Rolph, J. Shimizu, D.N. Staiger, R.L. Weaver, R.H. Weber, P. Wragg, M.N. Yan, V. Zeno-Zencovich

This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

Over the years, Nancey L Watson has used her expertise with procurement and pricing methods and applying strategy for hundreds of proposals to win $3 billion in competitive bids. The Silver Bullet - How RFPs Are Won will serve as a strategic guide to help you significantly increase your win rate - and more. This book details Nancey's top strategies for every step of the proposal process: * Legal procurement and the growing sophistication of in-house legal departments; * Questions firms should ask before they decide to propose for the work; * Best practices and how to analyze a "cheat sheet" to discover the key to winning RFPs; * How to get you to plan strategically through every phase of the proposal process; * How to use the magical formula to gain credibility and prove you are the firm to hire; * How to work strategically with subject matter experts as a team; and * How to write an effective executive summary. This book is primarily written for law firms but the information within will also prove invaluable for procurement professionals.

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

This work describes how the rules of accounting are developed. It provides a new perspective on European accounting, showing how laws, standards, decrees and other regulations evolve, discussing and comparing the institutional settings and the legislative processes within each country. Each chapter has been written by a leading expert on financial accounting in the established countries of the European Union.

The objective of this book is to present a number of related chapters on the subject of gender issues in the workplace of the aviation industry. More specifically, the chapters address the continuing shortfall in the number of women pilots in both civilian and military aviation. Considerable research has been carried out on gender issues in the workplace and, for example, women represent about 10% of employees in engineering. This example is often used to show that the consequences of gender discrimination are embedded and difficult to overcome in masculine-dominated occupations. However, women represent only 5-6% of the profession of pilot. Clearly there are many factors which mitigate women seeking to become pilots. The chapters within this volume raise both theoretical and practical issues, endeavouring to address the imbalance of women pilots in this occupation. Absent Aviators consolidates a diverse range of issues from a number of authors from Australia, Austria, the United States, Canada, South Africa and the United Kingdom. Each of the chapters is research-based and aims to present a broad picture of gender issues in aviation, gendered workplaces and sociology, underpinned by sound theoretical perspectives and methodologies. One chapter additionally raises issues on the historical exclusion of race from an airline. The book will prove to be a valuable contribution to the debates on women in masculine-oriented occupations and a practical guide for the aviation industry to help overcome the looming shortfall of pilots. It is also hoped it will directly encourage young women to identify and overcome the barriers to becoming a civilian or military pilot.

The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.

This book offers a comparative analysis of the domain name registration systems utililsed in Australia and the United Kingdom. Taking an international perspective, the author analyses the global trends and dynamics of the domain name registration systems and explores the advantages and disadvantages of restrictive and less restrictive systems by addressing issues of consumer protection. The book examines the regulatory frameworks in the restrictive and unrestrictive registration systems and considers recent developments in this area. Jenny Ng also examines the legal and economic implications of these regulatory frameworks, drawing upon economic theory, regulatory and systems theory as well as applying rigorous legal analysis. In doing so, this work proposes ways in which such systems could be better designed to reflect the needs of the specific circumstances in individual jurisdictions. The Domain Name Registration System will be of particular interest to academics and students of IT law and e-commerce.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies. In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.

Spam, unsolicited, unwanted commercial communication, especially in bulk form is increasingly included in the areas of concern and regulation of governments worldwide. Unfortunately, this recognized and exponentially growing menace has not yet met its regulatory match. Piecemeal controls, lack of international cooperation, and the absence of an overall policy on combating patently intrusive and unwanted messages in all channels of communication hamper the struggle. The present volume contains eleven national reports, together with a general report, on this major problem that is presently burdening and distorting communications through the Internet.Most of the reports were presented at the XVIIth Congress of the International Academy of Comparative Law held at Utrecht, the Netherlands on July 19, 2006. The authors have had the opportunity to revise and update their texts before they were submitted here for publication. The national reports are from Denmark, France, Germany, Greece, Italy, Poland, Spain, South Africa, Switzerland, the United Kingdom, and the United States. Starting from some common assumptions; including respect for freedom of expression; emphasis on unsolicited, bulk, automated; messages to strangers; and non-interference with the normal use of the Internet; the contributors set out to tackle spammer elusiveness and the difficulties of cross-border coordination that plague this field.Among the broadly conceived legal responses they consider are the following: making spam illegal; empowering the user to avoid and repel spam; laws governing confidentiality of personal data; application of unfair competition; laws; and conscripting the service providers to block spam in its tracks through a variety of controls. The reports provide documentation and analysis of the various ways in which these approaches have been used, or can be used, in legislation and case law in a variety of national and international fora. Workers in all fields of communications, from technologists to legal practitioners and academics to administrative policymakers, will benefit enormously from these syntheses and insights.

In declaring the war against terrorism President George W. Bush also declared war on the financing of terrorism. The call to arms has been complemented by a concerted effort world-wide to track down and freeze the assets of suspected terrorists and financial institutions have risen to these challenges over the last year contributing their expertise gathered mostly through techniques to combat money laundering. In this book bankers, regulators and academics pose a variety of questions from their individual perspectives: To what extent are new laws really new? What can financial institutions realistically contribute to the suppression of terrorist financing? Can individual rights be protected in these circumstances? These questions are analysed by experts who come up with some thought provoking answers.

This book presents various perspectives on the environmental aspects of the North American Free Trade Agreement (NAFTA), including the North American Agreement on Environmental Cooperation (NAAEC). Among the issues discussed are the environmental regulations of the NAFTA nations and Chile, as well as the environmental implications of conducting cross-border business. These topics are addressed in an interdisciplinary manner, focusing on legal, economic, social, political and scientific issues, with contributions from American, Canadian, Mexican and Chilean authors. The book is invaluable as it provides a broad outlook on multifaceted environmental issues in a single volume.

This book is the third volume in our NAFTA Law and Policy series, which offers high-quality studies on different aspects of NAFTA, including legal analysis and commentary on the Agreement. The numerous areas covered by the series include NAFTA topics as diverse as agriculture, dispute settlement, intellectual property rights, investment and labour.

Food and nutrition security - identified via availability, access, utilization, and stability - and transitions to sustainable food systems are major discourses in the agro-food arena, as many countries today experience different forms of malnutrition simultaneously, such as child undernutrition, anemia among women, and adult obesity. Meanwhile, the triple burden of malnutrition (undernutrition, overnutrition, and micronutrient deficiency) is still widespread. Food Security and Nutrition explores integrated, context-specific approaches to food security challenges, emphasizing nutrition security as an integral component and addressing the implications of food content to food and nutrition security policies. Providing insight into these challenges through agricultural, policy, nutritional, geographic and sustainability lenses, Food Security and Nutrition is a valuable reference for food scientists and nutrition researchers working in food supply, food security, and nutrition security, and policy makers, investors, and other decision-makers seeking to address food insecurity around the world.

There is unrelenting pressure, particularly on taxation authorities in developing and transition countries, to design tax incentives to attract foreign investment. Although experience shows that justification for the use of such incentives can be found only in limited circumstances, policy makers everywhere continue to confer tax benefits on investors in the hopes of achieving various economic objectives. In this widely-researched volume, a leading consultant and academic in the field of international taxation surveys the major forms of FDI tax incentives in theory and in practice. Although it is not intended as a design guide for national taxation authorities, the books scope and depth make it an indispensable source of comparative analysis, showing where efficiency and cost-effectiveness are most likely to lie in a wide range of economic situations. It is particularly valuable in its discussion of the following issues: Avoiding the race to the bottom that comes from excessive tax competition;The elusive distinction in many countries between standard and special tax rates;The perceived benefits of FDI for the various stakeholders;Locational determinants;Risk factors;Distortionary effects;Sectoral competition; andAdministrative monitoring of compliance. Professor Easson draws on numerous actual patterns that arise in various national, supranational, and sectoral contexts, in each instance shedding light on real conflicts and constraints, and clarifying the choices required of investors, taxation authorities, and target enterprises. Tax Incentives for Direct Investment will clearly be of great use to government policymakers, students of international taxation and international business, and those who determine and advise on the policies of multinational corporations and other international investors.

This book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.

Web Systems Design and Online Consumer Behavior takes and interdisciplinary approach toward systems design in the online environment by providing an understanding of how consumers behave while shopping online and how certain system design elements may impact consumers' perceptions, attitude, intentions, and actual behavior. This book contains theoretical and empirical research from expert scholars in a number of areas including communications, psychology, marketing and advertising, and information systems. This book provides an integrated look at the subject area as described above to further our understanding of the linkage among various disciplines inherently connected with one another in electronic commerce.