This book explores the complicated relationship between the EU legal framework for posting of workers and collective labour law. It examines this topic from the perspective of EU law and of international labour law. In doing so, it builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, taking also into account issues related to industrial relations. However, the immediate focus of the present book is on the creation and evolution of the said EU legal framework. Hence, it provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71) as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers.This evolving legal framework is subsequently considered in its broader context. Two tensions are thus identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, as regards the relationship here at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labour Organisation. On the other hand, the book critically considers the impact of the trend towards decentralisation of collective bargaining on the application of collective agreements to posted workers. In particular, it analyses the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The author outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers.

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.

This book provides a wide and deep perspective on the ethical issues raised by pervasive information and communication technology (PICT) - small, powerful, and often inexpensive Internet-connected computing devices and systems. It describes complex and unfamiliar technologies and their implications, including the transformative potential of augmented reality, the power of location-linked information, and the uses of "big data," and explains potential threats, including privacy invaded, security violated, and independence compromised, often through widespread and lucrative manipulation. PICT is changing how we live, providing entertainment, useful tools, and life-saving systems. But the very smartphones that connect us to each other and to unlimited knowledge also provide a stream of data to systems that can be used for targeted advertising or police surveillance. Paradoxically, PICT expands our personal horizons while weaving a web that may ensnare whole communities. Chapters describe particular cases of PICT gone wrong, but also highlight its general utility. Every chapter includes ethical analysis and guidance, both specific and general. Topics are as focused as the Stuxnet worm and as broad as the innumerable ways new technologies are transforming medical care. Written for a broad audience and suitable for classes in emerging technologies, the book is an example of anticipatory ethics - "ethical analysis aimed at influencing the development of new technologies" (Deborah Johnson 2010). The growth of PICT is outpacing the development of regulations and laws to protect individuals, organizations, and nations from unintended harm and malicious havoc. This book alerts users to some of the hazards of PICT; encourages designers, developers, and merchants of PICT to take seriously their ethical responsibilities - if only to "do no harm" - before their products go public; and introduces citizens and policy makers to challenges and opportunities that must not be ignored.

This indispensible book offers step-by-step guidance to small and mid-sized companies and non-profit organizations in managing corruption risks in overseas markets. It covers how and why to build a culture of integrity, develop a risk-based anti-corruption compliance programme, and engage with other industry players in collective action against shared corruption challenges. The focus on culture, compliance and collective action helps resource-stretched companies to build a strong foundation for a healthy and flourishing organization, as well as contribute towards raising standards of integrity across their industry. Key features include: Guidance for creating and contributing to collective action Quick definitions, tips and practical tools such as checklists A hands-on approach with an emphasis on culture and leadership Case studies and real-life examples of both corruption risks and the importance of a strong compliance culture. Anti-Corruption Compliance will be an invaluable resource for senior managers of small and mid-sized organizations in minimizing exposure to corruption risks in international markets. It will also prove useful to corporate lawyers and others involved with compliance functions in larger companies, as well as to academics and students of corporate law with an interest in anti-corruption and compliance.

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.

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.

In the wake of the legality crisis that has affected a number of prominent companies in the last decade, studies have reinforced the growing conviction that the board of directors, as legally constituted in leading jurisdictions, is not able to balance the power of controlling shareholders and that of the company's executives. The perennial issue of the dynamic between corporate ownership and management has thus taken a far-reaching new turn that tends to favour larger and more effective participation and involvement of shareholders in corporate governance. Proceeding from the shareholder's perspective, this book examines the law of public companies in Italy, France, the United Kingdom, Germany, and the United States. Law professors from each of the five jurisdictions analyse the role of the shareholder as a member of the corporate organization and as an investor, with attention to the listing process, the size and relevance of the securities market, the ownership structure of public companies, the division of powers within the company, the role of the general meeting of shareholders, minority rights, remedies, public authorities, and takeovers. As might be expected, the debate is quite heated, covering such topics as the following: * how institutional investors are changing the terms of the collective action problem; * ever-increasing political and public demands for more disclosure and transparency; * conflicts of interest among controlling shareholders; * convergence of the traditional 'insider' and 'outsider' financial systems; * internal agreements protecting the position of minority shareholders; and * directors' remuneration. The authors describe a number of possible mechanisms designed both to balance directors' and managers' powers and promote efficiency - proposals that also represent a means to offer legitimacy for the modern company towards society as a whole. This is a book that will be warmly welcomed by everyone engaged in the important debate under way on corporate responsibility and governance.

The global financial crisis that started in 2007 sparked several academic debates about the role that financial sector regulators played in the crisis and prompted policy reforms in the financial supervision architectures of several countries. This book focuses on the question of what accountability, independence, transparency and, more generally, governance mechanisms applicable to financial regulators can better contribute to building responsive, responsible and effective regulatory and supervisory frameworks that tackle the weaknesses of the pre-crisis regimes. It re-visits the concepts of accountability and independence of financial regulators as well as the main economic theories underlying financial services policy-making, in light of the crisis experience. In addition, it critically examines the post-crisis institutional frameworks of financial regulation and supervision in the EU, the US and Canada with a view to assessing whether the financial regulators of the post-global financial crisis era are well suited to effectively address the challenges and threats that global financial markets pose to the stability, integrity and good functioning of financial systems as well as to the protection of consumers, investors and society at large.

Since the EC Block Exemption Regulation (BER) went into force in June 2000, companies are required to undertake a self-assessment of the possible consequences of their vertical agreements that is, of agreements that arise in a channel of distribution between firms at different levels of trade or industry, i.e., between a manufacturer and wholesaler, between a supplier and customer, or between a licensor of technology and his licensee. Such an assessment can be extremely complex. Although the European Commission has issued regulatory guidelines to facilitate the self-assessment process, there can be little doubt that the in-depth analysis and guidance provided in this book will be greatly welcomed by business people and their counsel. "Economic Analyses of Vertical Agreements" clarifies the steps, tests, determinations, and evaluations entailed in assessing vertical agreements, especially when an individual examination under Article 81 EC Treaty is required (as it is for all companies with more than a 30 per cent market share in a relevant market). Among the terms and factors thoroughly explained, from the various pertinent points of view, are the following: vertical restraints and their components; exclusive and selective distribution agreements; channel strategies; single branding; free rider rationale; and, the European structured rule of reason in Article 81 EC Treaty. The presentation is particularly notable for its wide-ranging discussion of types of vertical restraints and combinations of vertical restraints and how each is impacted by the new vertical agreement rules. The author also discusses the relevant case law of the EC Courts. Companies doing business in Europe and their legal and economic advisers will find here an absorbingly detailed overview of requirements and procedures, a clear analysis against which to measure strategic choices, and an enormously useful handbook to consult at every turn for expert guidance through the assessment of their vertical agreements.

During the past decade, the use of private enforcement within competition law has gradually increased throughout Europe but major differences still exist among Member States. By harmonizing a number of procedural rules, the implementation of the Damages Directive has established a level playing field among EU Member States. This book represents the first assessment of the implementation of the Damages Directive at the national level. The contributors explore the topic from a cross-cutting perspective as well as via a set of country case studies. Each chapter focuses on a number of procedural aspects harmonized by the Directive, and analyses the impact of the Directive by taking into consideration the national jurisprudence and the existing legal framework at the national level. By using a comparative lens, this timely book thus provides an up-to-date account of the emerging trends in private enforcement of competition law in Europe. Perceptive and engaging, this book will appeal to students and researchers in EU competition law and policy. Practitioners and national competition authorities will also find it informative and beneficial. Contributors include: M. Botta, P. Burke, J. M. Gonzalez, C. Kruger, J. Maillo, P.L. Parcu, S. Peyer, A.R. Pisarkiewicz, M.A. Rossi, T. Schreiber, S. Solidoro, S.V. Walle

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.

From the start of the financial crisis in 2007, which turned into an economic crisis soon afterwards, it was obvious that public law could not prevent the genesis of this crisis although it has adequate instruments to make a reoccurrence of such a crisis unlikely. Financial law, tax law and even aspects of criminal law are designed to regulate the behaviour of financial institutions and other corporations. Since public law was unable to avoid the 2007 crisis, there can only be one conclusion: its instruments did not work properly or, worse, were badly designed or applied. Since 2007, a lot has been done from a financial, tax or criminal law point of view, confirming this finding. Regulation has thus been at the centre of the financial and legal debate, but a real understanding of the lessons of the crisis also requires account to be taken of private law. Is there a possible connection between private law and the outbreak of a financial and economic crisis? And did private law institutions, mechanisms or instruments in their current design contribute to the crisis? Does private law provide institutions, mechanisms and/or instruments which might have prevented the genesis of a financial or economic crisis? If so, why did these institutions, mechanisms and instruments fail to do so? And is there a need for new or modified instruments to improve the impact of private law on events that may lead to a new crisis? This thought-provoking book makes it clear that private law and the possibility of a financial and economic crisis are strongly intertwined. It shows that private law provides as many useful institutions, mechanisms and instruments against the emergence of such a crisis as public law does. Few other books bring together so many leading legal scholars on private law and its effects and implications. This book is rigorous, thoughtful, enlightening and thought-provoking - a must-read.

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 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.

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.

When buying goods or services on behalf of a public authority, procurement officers must translate the buyer's needs into tender documents that are clear, lawful, and well-designed. This guide helps them in this task. Rich in practical examples, it is written for procurement practitioners at all levels of government - from the local to the international - including drafters of calls for tenders, controllers, tender evaluators, managers who authorize public expenditure, risk managers and auditors, as well as for students of public procurement law and public administration. The questions addressed in the book are, among others: How do I design a procurement process that is simple, fair and inviting? How do I choose appropriate selection criteria? How do I draw up a realistic price schedule? How do I weight my award criteria so that I get best value for money? This guide integrates rules and lessons from the EU Public Procurement Directive of 2014 and procurement case-law of the European Court of Justice. Its fundamental recommendations on how to improve the economic efficiency of procurement design however apply in any national system. About the authors Philipp Kiiver was born in 1979 in Leningrad. He obtained his law degree and his PhD from Maastricht University. From 2003 to 2013 he taught European and comparative public law and published academic research at the Maastricht law faculty, receiving an appointment as associate professor and serving for two years as associate dean. In 2013 he joined the European Parliament as a public procurement lawyer. Jakub Kodym was born in 1978 in Prague. After studies in political science and in economics at Charles University in Prague (M.A.), management studies at Nantes University (MBA), and private sector experience, he joined the EU institutions in 2007 and worked as a CGAP certified internal auditor for the European Commission and, since 2011, as a procurement officer in the European Parliament.

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 explores the role of law and regulation in sustaining financial markets in both developed and developing countries, particularly the European Union, United States and China. The central argument of this book is that law matters for the operation of financial markets, which, in turn, significantly influences the performance of firms, industries, and economies.

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The Role of Law and Regulation in Sustaining Financial Markets" is divided into four parts. Part one addresses the connection between law, financial development, and economic growth. Part two deals with the role of financial regulation, which can be used to correct market failures, such as negative externalities, information asymmetries, and monopolies. Part three focuses on the design, functioning, and performance of different financial instruments. Part four examines the topic of Corporate Social Responsibility. This book contributes to the law and finance literature by studying certain conventional issues, such as the relationship between finance and economic growth, and the effects of regulatory quality on financial development, from new perspectives and/or with new evidence, data, and cases. It also explores novel topics, such as project finance contracts, insurance and climate change, the shadow banking system, that have been overlooked in current literature.

This book is meaningful not only for the EU and the US, which have suffered considerably from the financial crisis of 2008, but also for China, which is struggling to build a sound institutional infrastructure to govern its increasingly complicated financial system. By comparing the regulatory philosophies and practices of the EU, the US and China, this book will help the reader to understand the diverse nature of the global law and finance nexus and avoid succumbing to the myth of "one size fits all.""

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

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.