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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
Economic pressure, as well as transnational and domestic corporate
policies, has placed labor law under severe stress. National
responses are so deeply embedded in institutions reflecting local
traditions that meaningful comparison is daunting. This book
assembles a team of experts from many countries that draw on a rich
variety of comparative methods to capture changes and emerging
trends across nations and regions. The chapters in this Research
Handbook mingle subjects of long-standing comparative concern with
matters that have pressed to the fore in recent years. Subjects
like 'soft law' and emerging geographic zones are placed in a new
light and their burgeoning significance explored. Thematic and
regional comparisons capture the challenges of a globally
comparative perspective on labor law. The fresh and thoughtful
comparative analysis in this Handbook makes it a critical resource
for scholars and students of labor law. Contributors: K. Banks, A.
Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N.
Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R.
Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J.
Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L.
Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich,
R. Ronnie, E. Sanchez, K. Sankaran, M. Schlachter, A. Seifert, A.
Stewart, H. Takeuchi-Okuno, A. Topo
The maintenance of financial stability is a key objective of
monetary policy, but the record of regulators in achieving this has
been lamentable in recent years. This failure has been matched by
an equivalent inability to establish an appropriate theoretical
basis for financial regulation. In this book, the authors
demonstrate how to enhance the theory, modeling and practice of
such regulation. The main determinant of financial instability is
the default of financial institutions. The authors highlight the
importance of the appropriate incorporation of default into
macro-financial models and its interaction with liquidity. Besides
covering the historical development and current stance of financial
regulation, the book includes a number of policy-oriented chapters
revealing how the authors' modeling approach can improve the
process. This authoritative book will serve as a basis for future
work on financial stability management for both academics and
policy makers and provide guidance on how to undertake crisis
prevention and resolution.
Acclaim for the first edition:'Steve Weatherill provides an
excellent thought-provoking account of EU consumer law and policy.
It will be required reading for all those interested in this
important subject.' - Paul Craig, St John's College, Oxford, UK
'This is a characteristically excellent book by Steve Weatherill,
combining incisive legal analysis of an important policy field with
an authoritative and up-to-date account of the underlying legal and
constitutional framework.' - Grainne de Burca, European University
Institute, Italy This new edition of Stephen Weatherill's acclaimed
book provides a comprehensive introduction to all facets of the
EU's involvement in consumer law and policy. Consumers are expected
to benefit from the EU's project of economic integration, enjoying
wider choice and improved quality, and yet they need protection
from the dangers that flow from malfunctioning and unfair markets.
The EU's consumer law and policy is an attempt to have the best of
both worlds - a liberalized yet properly regulated trading space
for Europe. This highly esteemed book, now in a brand new edition,
provides a comprehensive and up-to-date introduction to the
subject, explaining the evolution of consumer law and policy in the
EU in terms of both legislative and judicial activity. The book
also situates EU consumer law and policy within its broader social,
political and economic context, providing a window to a range of
wider issues (and tensions) relating to Union regulatory strategies
and their effect on the member states. It concludes with a newly
written examination of the relationship between EU and national
initiatives of market regulation - symbiosis or disruption? A
readable yet critically sound textbook, this fully updated edition
will be indispensable for both postgraduate and undergraduate
students of EU law. It will also appeal strongly to all academics,
regulators and practicing lawyers with an interest in EU trade law
or indeed European law more generally. Contents: 1. The Evolution
of Consumer Policy in the European Union 2. Negative Law and Market
Integration 3. The Law and Practice of Harmonisation 4. Market
Transparency and Consumer Protection 5. Regulating the Substance of
Consumer Transactions 6. Product Liability 7. European Private Law
8. Advertising and Marketing Law 9. Product Safety Regulation 10.
Access to Justice 11. Conclusion: The Challenges of EU Consumer Law
Index
As the internet has been regulated from its conception, many
widespread beliefs regarding internet freedom are actually
misconceptions. Additionally, there are already two main categories
of internet regulation systems in use: the open and the silent
IRSs. Unexpectedly, the former are quite popular among
authoritarian regimes, while the latter are implemented mainly in
Western democracies. Many IT experts and media analysts criticize
Western governments' choice to use a silent IRS, expressing their
fear that this could set a dangerous precedent for the rest of the
democratic countries around the world. New regulation systems must
be developed and implemented that are more acceptable to the
general public. Internet Censorship and Regulation Systems in
Democracies: Emerging Research and Opportunities is an essential
reference source that discusses the phenomenon of internet
regulation in general and the use of internet regulation systems
(IRSs) by authoritarian regimes and Western democracies and
proposes a blueprint for the development and implementation of a
fair internet regulation system (FIRS). The book also considers the
function of a fair internet regulation system in terms of
maximizing its effectiveness, keeping the implementation cost low,
and increasing the probability of acceptance by each country's
general public. Featuring research on topics such as governmental
control, online filtering, and public opinion, this book is ideally
designed for researchers, policymakers, government officials,
practitioners, academicians, and students seeking coverage on
modern internet censorship policies within various international
democracies.
Patent holders are increasingly making voluntary, public
commitments to limit the enforcement and other exploitation of
their patents. The best-known form of patent pledge is the
so-called FRAND commitment, in which a patent holder commits to
license patents to manufacturers of standardized products on terms
that are ''fair, reasonable and non-discriminatory.'' Patent
pledges have also been appearing in fields well beyond technical
standard-setting, including open source software, green technology
and the biosciences. This book explores the motivations, legal
characteristics and policy goals of these increasingly popular
private ordering tools. Jorge Contreras and Meredith Jacob bring
together work by more than a dozen international experts who
examine the phenomenon of patent pledges from a variety of
perspectives and analytical frameworks. The book assesses patent
pledges as mechanisms for facilitating platform promotion, open
innovation, economic development and environmental sustainability.
Legal practitioners who are involved in intellectual property
licensing, litigation and business transactions will find this book
a key resource, as will in-house lawyers and managers at firms
engaged in technology development and standardization. It will also
be a key reference for scholars in law, economics, business and
political science. Contributors include: C. Asay, B. Awad, M.
Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y.
Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J.
Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R.
Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston,
S.-S. Yi
Manju Pathak is presently a Professor of Biotechnology at Amity
University, Noida. Earlier to this, she was a Professor of
Biotechnology at Vellore Institute of Technology (VIT) University,
Vellore, Tamilnadu.
Providing short, clear and accessible explanations of the main
areas of EU law, Understanding European Union Law is both an ideal
introduction for students new to EU law and an essential addition
to revision for the more accomplished. This eighth edition has been
fully revised and updated with the latest legislative changes and
includes an in-depth discussion of 'Brexit' and its implications
for EU-UK relations. The book provides readers with a clear
understanding of the structures and rationale behind EU law,
explaining how and why the law has developed as it has. In addition
to discussing the core areas of EU law such as its sources, the
role and powers of the EU's Institutions, the enforcement of EU law
and the law of the internal market, this edition also includes a
new chapter on three 'non-economic' areas of EU law: fundamental
human rights, equality (non-discrimination) and the environment.
This student-friendly text is both broad in scope and highly
accessible. It will inspire students towards further study and show
that understanding EU law can be an enjoyable and rewarding
experience. As well as being essential reading for Law students,
Understanding European Union Law is also suitable for students on
other courses where basic knowledge of EU law is required or
useful, such as business studies, political science, international
relations or European studies programmes.
The Companies Act 71 of 2008, as amended, has created a new corporate law regime for South Africa that poses exceptional challenges to practitioners, who have to interpret and apply concepts, principles and rules borrowed from other jurisdictions even before they have been tested or pronounced upon by our courts. Corporate law for commerce students is a comprehensive yet basic guide to the structure and fundamentals of the new company dispensation.
Corporate law for commerce students provides a brief, clear and especially practical overview of the law of business entities. It covers partnerships, companies, close corporations, business trusts and cooperative societies, each of which carries different rights and obligations, and ultimately liabilities, for the entrepreneur. It discusses all of these within the framework of the new Companies Act, the common law, and recent court judgments and the King IV report. It includes figures, tables and mind maps to clarify each topic, and provides assessments at the end of each chapter.
Contents include the following:
- How to choose the right option for a specific business
- The partnership concept, the business trust and the establishment of legal personality, companies and cooperatives
- Compliance, transparency, accountability and governance
- Securities, debt instruments and public offers
- Directors, shareholders and company meetings, fundamental transactions, takeovers and offers
- Business rescue and compromise with creditors
- Termination and dissolution
Corporate law for commerce students is aimed at students studying commercial law, business entities or corporate law subjects as well as practising accountants, auditors, company secretaries and paralegal practitioners.
Gordon Brown was a past-master at sneaking in new taxes by stealth,
but his efforts as Chancellor and then Prime Minister were merely
the latest in a long line of party leaders desperate to extract
more money from reluctant taxpayers. This book challenges the need
for government to resort to such underhand practices which
undermine the economy, killing the goose which lays the golden
eggs, and the integrity of the political process. The author argues
that not only does taxation flout the principle of private
property, but it 'is a primal cause of both inflation and
unemployment. Regardless of this, the freely elected governments of
contemporary trading economies - with the acquiescence of their
electorates - persist in raising the major part, if not all, of
their revenues by means of taxation. The immediate cause of such
action by governments...is ignorance of any acceptable alternative
method of raising sufficient public revenue.' Burgess shows how the
development of Keynes' general theory of employment 'leads to the
conclusion that an open trading economy is likely to be most
competitive, and therefore most prosperous, only when taxation is
abolished' - but government must be funded. How can this be done
without taxation? To provide an answer he refines Alfred Marshall's
distinction between the public and private value of property to
reveal an alternative, peculiarly public source of revenue. Unlike
a tax, defined by a former Labour Chancellor, Hugh Dalton, as 'a
compulsory contribution imposed by a public authority, irrespective
of the exact amount of service rendered to the taxpayer in return',
the 'public value' identified by Marshall would deliver an exact
equivalence between the benefits enjoyed and the amount paid. On
the basis of this widely accepted definition, therefore, it is not
a tax but the price for services rendered like any other
transaction - the price fixed by the market. The author shows how
reform may be introduced with a minimum of disruption, so that
politicians with an eye to re-election can achieve measurable
results during the lifetime of a parliament.
"The richness, clarity and nuances of the structure and methodology
followed by the contributors make the book a very valuable tool for
students... seeking to obtain a general understanding of the market
and how it is regulated." - Ligia Catherine Arias Barrera, Banking
& Finance Law Review The fully updated edition of this
user-friendly textbook continues to systematise the European law
governing capital markets and examines the underlying concepts from
a broadly interdisciplinary perspective. The 3rd edition deals with
3 central developments: the project of the capital markets union;
sustainable finance; and the further digitalisation of financial
instruments and securities markets. The 1st chapter deals with the
foundations of capital markets law in Europe, the 2nd explains the
basics, and the 3rd examines the regime on market abuse. Chapter 4
explores the disclosure system and chapter 5 short-selling and
high-frequency trading. The role of intermediaries, such as
financial analysts, rating agencies, and proxy advisers, is
described in chapter 6. Chapter 7 explains compliance and corporate
governance in investment firms and chapter 8 illustrates the
regulation of benchmarks. Finally, chapter 9 deals with public
takeovers. Throughout the book emphasis is placed on legal
practice, and frequent reference is made to the key decisions of
supervisory authorities and courts. This is essential reading for
students involved in the study of capital markets law and financial
law.
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