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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
Addressing the contentious debate surrounding the future of the
European Atomic Energy Community Treaty (Euratom), Anna Soedersten
offers one of the first examinations of Euratom from an
institutional and structural perspective, and in doing so,
investigates the legal implications of its continued separate
existence. Using primary material as key sources for analysis, as
well as examining all of the treaty?'s titles, this book explores
the relationship between Euratom and two other core EU treaties,
the Treaty on European Union (TEU) and the Treaty on the
Functioning of the European Union (TFEU). In considering whether it
is still relevant that one of the EU?'s founding treaties is the
promotion of nuclear energy, Soedersten concludes that there is no
need for the Euratom as a separate treaty. Euratom at the
Crossroads will be essential reading for scholars in the fields of
EU institutional law and EU energy law. EU officials and
practitioners in the field of energy law, at national legislatures
and regulator authorities, will find this indispensable reading.
The DB16 Project Pack for the Employer/Employer's Agent is a
completely up-to-date set of contract administration forms
specifically produced for use with the JCT Design and Build
Contract 2016. The Pack is tailor-made to work with the DB16
contracts and contain a comprehensive selection and sufficient
quantity of forms - all prepared in a clearly laid out and
easy-to-use format - to administer a project under the contract.
The DB16 Project Pack contains: Interim Payment Notice (1 copy)
Statement of Retention (12 copies) Statement of Reimbursement of
Advance Payment (12 copies) Notification of Adjustment of
Completion Date (2 copies) Non-Completion Notice (2 copies)
Practical Completion Statement (2 copies) Section Completion
Statement (8 copies) Notice of Completion of Making Good (2 copies)
Final Certificate (2 copies)
Important and original, this book presents an entirely new way of
understanding Technology - as the successor to the dominant
ideologies that have underpinned the thought and practices of the
West. Like Deity, State and Market, Technology displays the
features of a modern myth, promising to deal with our existential
concerns by creating a fully empowered sense of the individual on
condition of our subjection to it. David Grant and Lyria Bennett
Moses examine the dynamics of each of these ideologies, showing how
Technology shares their mythological characteristics. They argue
that this new myth has not only dominated science to establish its
credentials but, utilising robust empirical evidence, they show how
law has been imbued with mythological thinking. Demonstrating that
law adopts a mythological approach in attempting to regulate
technology, they argue that the pathway out of this mythological
maze is to establish a new sense of political, corporate and
personal self-responsibility. Students and scholars working in the
field of emerging technologies and their relationship to politics,
corporations, science, law, ethics, and any combination thereof,
will find herein a wealth of new directions for their studies.
Legal theorists and legal philosophers in particular will find much
food for thought in the presentation of this new paradigm.
Comparative Insolvency Law argues that the most important
development in contemporary insolvency law and practice is the
shift towards a rescue culture rather than full creditor
satisfaction. This book is the first to specifically examine the
rise of the pre-packaged approach, which permits debtor companies
to formulate a clear pre-arranged exit before entering into formal
insolvency proceedings. The book offers a comparative and critical
analysis of the law and practice of the pre-pack approach to
corporate rescue in the UK, the USA, and in key EU jurisdictions,
and explains the reasons behind the popularity of the UK as forum
law for European companies approaching insolvency. Highlighting the
advantages and shortcomings of the process, Bo Xie discusses in
depth the different approaches adopted in these various
jurisdictions to deal with opportunistic use of pre-packs. She also
considers proposals to redress the balance within UK pre-packaged
administrations by inserting higher transparency and scrutiny
safeguards. This highly topical study is a must-read for scholars
and legal practitioners working in the fields of corporate
insolvency and restructuring.It will also prove of great value to
insolvency regulators owing to its topical and in-depth analysis of
current developments in the law.
In the Research Handbook on Shadow Banking an international cast of
experts discusses shadow banking activities, the purposes they
serve, the risks they pose to the financial system, and the wider
implications for regulators and the regulatory perimeter.
Contributors offer high-level and theoretical perspectives on
shadow banking and regulatory risks as well as more detailed
explorations of specific markets in shadow banking. With
perspectives from the United Kingdom, the European Union, the
United States, China and Singapore, this Research Handbook
discusses a range of wholesale sector shadow banking activities
including the rehypothecation of markets, securitisation and
derivatives as well as the implications of hedge fund activities
for systemic risk. Further topics of discussion include a range of
shadow banking activities led by financial and technological
innovation, such as online equity and debt crowd-funding, the rise
of exchange-traded funds, and the emergence of crypto-currencies
and distributed ledger technology. Inter-disciplinary, broad and
comprehensive in topic, this Research Handbook will prove to be a
one-stop resource for legal academics and practitioners as well as
for research students and those participating in the financial
industry and trade associations. Contributors include: J.M. Amico,
V. Baklanova, S. Bala, I. Chiu, J. Cullen, E. Curtin, P. de Gioia
Carabellese, A. Donovan, E. Greene, P. Hanrahan, C. Hofmann, M.
Hsiao, C. Johnson, M. Lin, I.G. MacNeil, H. McVea, H. Nabilou, A.M.
Pacces, W. Shen, J. Tanega
How should we strike a balance between the benefits of centralized
and local governance, and how important is context to selecting the
right policy tools? This uniquely broad overview of the field
illuminates our understanding of environmental federalism and
informs our policy-making future. Professor Kalyani Robbins has
brought together an impressive team of leading environmental
federalism scholars to provide a collection of chapters, each
focused on a different regime. This review of many varied
approaches, including substantial theoretical material, culminates
in a comparative analysis of environmental federalism and
consideration of what each system might learn from the others. The
Law and Policy of Environmental Federalism includes clear
descriptive portions that make it a valuable teaching resource, as
well as original theory and a depth of policy analysis that will
benefit scholars of federalism or environmental and natural
resources law. The value of its analysis for real-world
decision-making will make it a compelling read for practitioners in
environmental law or fields concerned with federalism issues,
including those in government or NGOs, as well as lobbyists.
Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E.
Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H.
Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J.
Rosenbloom, E. Ryan, J.A. Wentz, H. Wiseman
No single-volume publication brings together as many diverse and
stimulating perspectives on secured financing law as does this EE
Research Handbook. Its great strengths are asking hard questions
and recognizing how difficult reform is. Contributors report on
what works (and what doesn't), drawing on evidence from legal
systems less often studied in this context (e.g., Brazil, Morocco).
I cannot imagine a researcher in the field who would not be
intrigued by analysis of such issues as access of women to secured
financing, constraints Shari ah places on use of security devices,
and reasons for Russia's meandering path to modernization.' - Peter
Winship, SMU Dedman School of Law, USThis cutting-edge Handbook
presents an overview of research and thinking in the field of
secured financing, examining international standards and best
practices of secured transactions law reform and its economic
impact. Expert contributors explore the breadth and depth of the
subject matter across diverse sectors, and illustrate the choices
and trade-offs that policy makers face via a number of illuminating
case studies. The book explores groundbreaking research across a
comprehensive range of sectors and countries, including new,
original analysis of Shari'ah compliant collateral regimes and
improved access to finance for women. A diverse group of experts
offer cutting-edge points of view as well as case studies from
England and Wales, Morocco, Russia and Romania. The result is a
unique and wide-ranging examination of secured transactions reform
across the world and a valuable resource for researchers,
government and development agencies, banks, and law firms.
Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R.
Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O.
Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen,
A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari,
J.-H. Roever, M. Uttamchandani, K. van Zwieten, P.R. Wood
Energy security is a burning issue in a world where 1.4 billion
people still have no access to electricity. This book is about
finding solutions for energy security through the international
trading system. Focusing mainly on the European Union as a case
study, this holistic and comprehensive analysis of the existing
legal and geopolitical instruments strives to identify the
shortcomings of the international and EU energy trade governance
systems, concluding with the notion of a European Energy Union and
what the EU is politically prepared to accept as part of its
unified energy security. This snapshot of multilateral, regional
and bilateral energy trade governance deals with energy transit
from the perspective of the Energy Charter Treaty as a means to
enhance EU energy security, and examines the system of law and
governance of international trade in unconventional fossil fuels.
The authors analyze concerns that arise from preferential trade
agreements and renewable energy from the EU's perspective, and
explain how the EU can diversify its energy supply to improve its
energy security. This book will be of interest to students,
scholars, lawyers, economists, policymakers, and think tanks
dealing with the links between energy security and international
trade, as well as those communities relating to other
energy-related disciplines.
The legal issues surrounding the online distribution of content
have recently gained prominence due to the European Commission's
commitment to the Digital Single Market (DSM). This book is one of
the first to provide highly topical analysis of the key legal
challenges surrounding the online distribution of content, with
particular focus on intellectual property rights, competition law
and the regulation of new technologies. Central to the book is the
question of whether the Commission's proposed legislative solutions
will lead to a more coherent, or more fragmented, legal framework
at both EU and member state level. Experts within the field assess
how current legislation can be effectively applied and look ahead
to examine how potential issues raised by emerging technologies,
and the need to develop the online content market beyond the DSM
proposal, can be anticipated and addressed. Providing a
well-rounded view of the subject, this book will be of interest to
scholars working within copyright, competition, and consumer law as
well as those researching the development of the internal market
more widely. Practising lawyers and in-house counsel who work on
licensing and distribution agreements within Europe will also
benefit from the analysis of new DSM legislation and associated
case studies. Contributors include: A. Alen-Savikko, R.M.
Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe,
T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M.
Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem
Lindroos
Informed by international law, international relations and
environment management scholarship, this interdisciplinary analysis
of environmental regimes in Asian subregions proposes a new regime
for the Himalayas and Tibetan Plateau based on China's cooperation
with its south Asian neighbors. After evaluating the nine existing
environmental regimes across the subregions of southwest, central,
southeast and northeast Asia, Simon Marsden proposes a tenth regime
for the cross subregion in south and east Asia known as the Third
Pole. The role of China in connection with each of the existing
agreements-as lender, dialogue partner or Party-is a key aspect of
the analysis, considering it in developmental, legal and political
contexts. Conclusions recommend future research to progress efforts
in developing such a regime and caution the need for context in any
legal transplant. This book will have a strong appeal for
international environmental law and environmental planning and
management researchers. Meanwhile those in international relations
or international politics will find valuable insights in the book's
exploration of relationships between the states of each subregion
and China, whilst coverage of the regulation of oil and gas,
hydroelectricity and exploitation of other resources will be of
great interest to energy law scholars and practitioners.
The world is changing. After old certainties were swept away by the
Financial Crisis of 2008-09, states are grappling with the
implications of new thinking about the role and nature of
corporations and how they should be regulated. This timely book
brings together the contributions of leading scholars from around
the world to highlight and provide critical analysis of
developments and trends in corporate governance in a range of
jurisdictions, both mature and developing. The diverse subjects
covered in the book include shareholder protection in Delaware,
trends in the governance of state-owned enterprises in China, say
on pay in the Netherlands, board committees in the UK, and
stakeholder governance in Germany. The book also includes
theoretical perspectives, including one chapter arguing against the
notions of shareholder primacy that underpin Anglo-American
corporate law. The final section presents two chapters on the
governance of banks, reflecting the contemporary importance of
financial institutions. Innovations in Corporate Governance offers
an essential global perspective on corporate governance that will
be of interest to students and academics in the field, as well as
professionals, policy makers and those working in regulatory
agencies around the world. Contributors include: F.A. Gevurtz, B.
Haar, B. Hanningan, G.E. Henderson, L.-W. Lin, M. Marin, C. Van der
Elst, S. Watson
These are the papers from the ninth Cambridge Tax Law History
Conference, held in July 2018. In the usual manner, these papers
have been selected from an oversupply of proposals for their
interest and relevance, and scrutinised and edited to the highest
standard for inclusion in this prestigious series. The papers fall
within five basic themes. Four papers focus on tax theory: Bentham;
social contract and tax governance; Schumpeter's 'thunder of
history'; and the resurgence of the benefits theory. Three involve
the history of UK specific interpretational issues: management
expenses; anti-avoidance jurisprudence; and identification of
professionals. A further three concern specific forms of UK tax on
road travel, land and capital gains. One paper considers the
formation of HMRC and another explains aspects of
nineteenth-century taxation by reference to Jane Austen characters.
Four consider aspects of international taxation: development of EU
corporate tax policy; history of Dutch tax planning; the important
1942 Canada-US tax treaty; and the 1928 UN model tax treaties on
tax evasion. Also included are papers on the effects of WWI on New
Zealand income tax and development of anti-tax avoidance rules in
China.
Although the practice of disguising the illicit origins of money
dates back thousands of years, the concept of money laundering as a
multidisciplinary topic with social, economic, political and
regulatory implications has only gained prominence since the 1980s.
This groundbreaking volume offers original, state-of-the-art
research on the current money laundering debate and provides
insightful predictions and recommendations for future developments
in the field.The contributors to this volume - academics,
practitioners and government representatives from around the world
- offer a number of unique perspectives on different aspects of
money laundering. Topics discussed include the history of money
laundering, the scale of the problem, the different types of money
laundering, the cost to the private sector, and the effectiveness
of anti-money laundering policies and legislation. The book
concludes with a detailed and insightful synthesis of the problem
and recommendations for additional steps to be taken in the future.
Students, professors and practitioners working in economics,
banking, finance and law will find this volume a comprehensive and
invaluable resource. Contributors: H. Addink, A. Argentiero, M.
Bagella, R.W. Baker, J. Biggins, J. Brettl, A. Buehn, F. Busato, P.
Costanzo, S. Dawe, I. Deleanu, J. Ferwerda, L. Groot, T. Krieger,
M. Levi, D. Masciandaro, K.J. McCarthy, D. Meierrieks, B. Muhl, E.
Nowotny, T. Pietschmann, P. Reuter, F. Schneider, M. Stouten, A.
Tilleman, L. Tromp, B. Unger, M. van den Broek, D. van der Linde,
P.C. van Duyne, V. van Kommer, J. van Koningsveld, I. van Rossum,
F. van Waarden, J. Vervaele, B. Vettori, J. Walker, M. von und zu
Liechtenstein, J.S. Zdanowicz
Only through a concerted global effort can we protect our natural
resources, save our precious natural environment, and indeed our
future. Pressures on our natural environment come from many
directions, including overuse, mismanagement and contamination, all
of which must be addressed through a range of measures as part of
an international response. This much-needed book reviews and
evaluates the use of market and fiscal instruments in protecting
our natural resources, from rural to marine environments. The
expert contributors emphasise the need to reduce greenhouse gas
emissions to stem the tide of irreparable harm to our natural
resources. Market instruments that are designed to protect the
global atmosphere are evaluated, along with carbon instruments and
environmental tax incentives. Meanwhile, consideration is given to
shifting the tax burden to achieve environmentally responsible
outcomes, balancing sustainable use and natural resource
protection, and protecting water resources. Offering a
comprehensive appraisal of market instruments and policy solutions
for natural resource protection, this book is ideal for both policy
makers and students and academics of environmental law, economics
and sustainability. Contributors include: K. Bubna-Litic, B.
Butcher, M.M. Callison, M. Cao, A.C. Cerqueira Duque, J. Cottrell,
E. de Lemos Pinto Aydos, M. Dobranschi, F. Fortier, W. Gumley, M.L.
Hymel, V. Johnston, C. Kettner, L. Kreiser, P. Lee, A. Lerch, D.
Nerudova, S. Palassis, S. Rudolph, K. Schlegelmilch, H. Sprohge, R.
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