Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Covering all aspects of federal securities law, this Advanced Introduction provides an excellent understanding of how U.S. securities regulation works, particularly as this emerging area of law becomes more prevalent for those working or involved in general corporate and commercial practices. It examines the definition of securities and how modern investment opportunities may be subject to this regulation as well as more traditional forms such as stocks or bonds. Key Features: Providing up to date information on the latest developments in securities law Presenting complex material in a clear and comprehensive format and defining key concepts Thoroughly reviewing significant Supreme Court cases, alongside the noteworthy statues and Securities and Exchange Commission Rules This informative book will be invaluable reading for practitioners and others engaged in the business and securities world looking for a detailed overview of U.S. securities law. It will also be a useful resource for lawyers, scholars, and policy advisors.

Modern Company Law for a Competitive South African Economy presents a progressive discussion of selected corporate law matters brought about by the new Companies Act 71 of 2008.

The book covers the areas of corporate formation and corporate finance, corporate governance and mergers and takeovers, business rescue, and the enforcement and regulatory regime.

This publication is almost certainly the first attempt to grapple rigorously with selected aspects of corporate law contained in the new Companies Act.

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.

Over recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavari, D. Hofmeyr, L. Jianfei, A. Johansson Westregard, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. Wynn

Recent years have seen a proliferation of cybersecurity guidance in the form of government regulations and standards with which organizations must comply. As society becomes more heavily dependent on cyberspace, increasing levels of security measures will need to be established and maintained to protect the confidentiality, integrity, and availability of information; the privacy of consumers; and the continuity of economic activity. Compliance is a measure of the extent to which a current state is in conformance with a desired state. The desired state is commonly operationalized through specific business objectives, professional standards, and regulations. Assurance services provide a means of evaluating the level of compliance with various cybersecurity requirements. The proposed book will summarize current cybersecurity guidance and provide a compendium of innovative and state-of-the-art compliance and assurance practices and tools that can function both as a reference and pedagogical source for practitioners and educators. This publication will provide a synopsis of current cybersecurity guidance that organizations should consider in establishing and updating their cybersecurity systems. Assurance services will also be addressed so that management and their auditors can regularly evaluate their extent of compliance. This book should be published because its theme will provide company management, practitioners, and academics with a good summary of current guidance and how to conduct assurance of appropriate compliance.

"This book is a classic... its style and content remain invaluable." Entertainment Law Review This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with intellectual property. The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression. This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. Zalnieriute

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This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest - a combination of statutes and case law - has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine - the policy against wagering, the prevention of moral hazard and the doctrine's relationship with the indemnity principle - still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights. Key Features: A detailed, critical, appraisal of the UNGPs in their historical, legal and political contexts Coverage of developments in national law and policy to further the state's duty to protect against business violations of human rights An interdisciplinary perspective drawing on history, law, business ethics, politics, and ideas of corporate governance with a view to introducing the field to readers with diverse specialist backgrounds Coverage of new directions for business and human rights including calls for new mandatory corporate liability laws, a legally binding international treaty and new multi stakeholder initiatives for developing business and human rights standards This Advanced Introduction will be a key guide for students and researchers in the fields of business and human rights, international law and business ethics, as well as lawyers and business managers who need an accessible primer to business and human rights.

Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers. Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today's national labor law models. In the context of modern labor law's central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers. This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.

This book examines the calculation and evaluation of regulatory costs by regulators in accordance with a legislative mandate. A serious limitation in that enterprise, the possibility of technological change and innovation, often compromises those efforts and has long been under-appreciated in standard 'cost-benefit analysis.' Regulators who study the inducement of innovation and the avoidance of regulatory costs by the regulated often find significant cost-saving opportunities, leading to more stringent and more effective risk governance. Ultimately, the weighing of costs in this more elaborate model is more than simple welfare maximization. It views regulatory costs as important to society for a range of reasons, some grounded in fairness and some in deliberative process values, as a society seeks to minimize all costs over time. This analysis places the weighing of regulatory costs in context by comparing cost calculation methods and evaluative tools in three illuminating case studies. It assesses cost-factoring methods under different normative frameworks and highlights the role of technological innovation in cost minimization over time while considering regulatory costs that result from multiple regulatory tool choices. A single regulatory cost investigation is tracked from agency to legislative back to agency choice, outlining the steps to consensus-oriented cost factoring methods. Academic and professional lawyers in fields like environmental protection, food and drug safety, and workplace safety will find this an invaluable resource, as will researchers in disciplines dealing with judicial choice from economic or political theoretical frameworks and regulatory agencies charged with regulating risks.

Digital Platforms and Global Law focuses on digital platforms and identifies their relevant legal profiles in terms of transnational and international law. It qualifies digital platforms as private legal orders, which exercise the legislative, executive, and (para)jurisdictional power within them. Starting from this assumption, the author studies the relationship between these orders and state, transnational, and international orders. The book first explores the reasons for the inadequacy of the current regulatory matrix and goes on to detail the need for a new paradigm; a shift from the current matrix of market regulation to one of negotiation. The author then examines the lack of effectiveness of current tools and explores how better versions, tools of uniform law, are emerging. This unique exploration will appeal to governments, regulatory authorities, digital platforms, businesses, and students and will find further audience with policy makers and practitioners.

Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law. Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic.

This book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links - often overlooked in the past - between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms - and vice versa.

These are papers from the 10th Cambridge Tax Law History Conference, which took place in July 2020. The papers fall within the following basic themes: - UK tax administration issues - UK tax reforms in the 20th century - History of tax in the UK - The UK's first double tax treaty - The 1982 Australia-US tax treaty - The legacy of colonial influence - Reform of Dutch excises, and - Canadian tax avoidance.

EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment. Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework?s five main directives, comparing them with the changes proposed in the EECC. Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.