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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
The 2008 financial crisis brought increased scrutiny to the ways in
which the directors of the world's major financial institutions
handle their duties and how they impact investors, shareholders and
consumers. In this comprehensive Handbook, leading scholars from
around the world explore the nature of the relationship between a
company and its directors, assessing issues such as how duties are
discharged, what liabilities may arise and whose interests
directors should consider before embarking on commercial
ventures.The Handbook begins with chapters that explore the range
of company law developments in several common law countries, with
further chapters examining the law in several civil law
jurisdictions. The Handbook then looks beyond company law to issues
such as the role of directors in fostering corporate social
responsibility and directors' duties to consumers. The final
chapters consider directors' duties in times of financial turmoil.
A comprehensive and ground-breaking book of original scholarly
research, the Handbook will be a valuable contribution to the
libraries of company law scholars and students, as well as to
business people with a professional interest in the topic.
Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M.
Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista,
J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. Watson
The Research Handbook on Central Banking focuses on global central
banks as institutions and not abstractions, providing historical
and practical detail about how central banks work and the
challenges they face. This Research Handbook offers the most
interdisciplinary treatment of global central banks published to
date by addressing key questions regarding where they come from,
how they have changed, and the challenges they face during
uncertain times. Divided into two parts, the Research Handbook
firstly takes readers on a global tour, covering central banks in
the US, Latin America, Europe, Eastern Europe, Japan, China,
Africa, and more. In the second part, authors delve into themes of
broad application, including transparency, independence,
unconventional monetary policy, payment systems, and crisis
response. The interdisciplinary mix of contributors include some of
the most prominent names in central banking as well as a new
generation of scholars who are shaping the conversation about
central banks and their role in global politics, economics, and
society at large. Interdisciplinary and innovative, this Research
Handbook will prove essential reading for scholars focusing on
central banks, financial regulation, global governance, and related
areas, as well as for central bankers and employees at central
banks. Contributors include: C. Adam, K. Alexander, A. Berg, R.
Bhala, D. Bholat, C. Borio, F. Capie, P. Conti-Brown, R.
Darbyshire, F. Decker, B. Geva, C. Goodhart, A.G. Haldane, L.I.
Jacome, H. James, J. Johnson, R.B. Kahn, H. Kanda, C. Kaufmann,
R.M. Lastra, X. Liu, S. McCracken, E.E. Meade, S.T. Omarova, R.
Portillo, M. Raskin, A.L. Riso, R. Smits, P. Tucker, F. Unsal, R.H.
Weber, G. Wood, T. Yamanaka, D. Yermack, A. Zabai, Z. Zhou, C.
Zilioli
The history of rivers crossing the borders of rival countries, such
as East and West Germany, China and Russia, the United States and
its neighbors, has much to teach about international watercourse
management. In the first book written in English about
international watercourses on the Korean Peninsula, Yeonghwan Chang
uses a study of foreign cases to propose a wide range of specific
strategies and projects for efficient use of shared rivers on the
Korean Peninsula. These strategies may also provide useful guidance
for future cooperative projects between South Korea and North
Korea.
While vulnerability is a concept often mentioned in labour law and
employment policy discourse, its precise meaning can remain
elusive. This book provides rigorous theoretical analysis and
contains fresh insights to aid our understanding of vulnerability.
It is a stimulating contribution to the debate on how legal
regulation responds to the changing characteristics of today's
labour market.' - Mark Bell, The University of Dublin, Ireland The
shifting nature of employment practice towards the use of more
precarious work forms has caused a crisis in classical labour law
and engendered a new wave of regulation. This timely book deftly
uses this crisis as an opportunity to explore the notion of
precariousness or vulnerability in employment relationships.
Arguing that the idea of vulnerability has been under-theorised in
the labour law literature, Lisa Rodgers illustrates how this
extends to the design of regulation for precarious work. The book's
logical structure situates vulnerability in its developmental
context before moving on to examine the goals of the regulation of
labour law for vulnerability, its current status in the law and
case studies of vulnerability such as temporary agency work and
domestic work. These threads are astutely drawn together to show
the need for a shift in focus towards workers as 'vulnerable
subjects' in all their complexity in order to better inform labour
law policy and practice more generally. Constructively critical,
Labour Law, Vulnerability and the Regulation of Precarious Work
will prove invaluable to students and scholars of labour and
employment law at local, EU and international levels. With its
challenge to orthodox thinking and proposals for the improvement of
the regulation of labour law, labour law institutions will also
find this book of great interest and value.
The achievement of financial stability is one of the most pressing
issues today. This timely and innovative book provides an
analytical framework to assess financial (in)stability as an
equilibrium phenomenon compatible with the orderly functioning of a
modern market economy. The authors expertly show how good
regulatory policy can be implemented and that its effects on the
real as well as the nominal side of the economy can be properly
analyzed. The core of their approach is to take realistic account
of the interaction between endogenous default, agent heterogeneity
and money and liquidity, and suggest how a quantifiable metric of
financial fragility could be developed. This insightful 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.
Using a multi-disciplinary and comparative approach, this study
examines emerging and innovative attempts to tackle privacy and
legal issues in cloud computing such as personal data privacy,
security and intellectual property protection. An international
team of legal scholars, computer science researchers, regulators
and practitioners present original and critical responses to the
growing challenges posed by cloud computing. They analyze the
specific legal implications pertaining to jurisdiction, biomedical
practice and information ownership, as well as issues of regulatory
control, competition and cross-border regulation. Law academics,
practitioners and regulators will find this book to be a valuable,
practical and accessible resource, as will computer science
scholars interested in cloud computing issues. Contributors: H.
Chang, A.S.Y. Cheung, A. Chiu, K.P. Chow, E.S. Dove, X. Fan, Y.
Joly, T.S.-H. Kaan, B.M. Knoppers, J. Kong, G. Master, J.-P. Moiny,
C. Reed, D.N. Staiger, G.Y. Tian, R.H. Weber, P.K. Yu
This book provides an essential guide for the successful operation
of a contract let under the NEC3 Engineering and Construction
Contract. It includes a brief history of the development of the
NEC3 family of contracts with a focus on the Engineering and
Construction Contract, detailed advice on contract strategy and an
outline of the main clauses and procedures of the ECC. It discusses
the experience of users from all parts of the industry and, most
importantly, focuses on the implementation of good practice -
taking readers through what is necessary for the effective and
efficient operation of the ECC. Updated to cover NEC3, this is a
helpful problem-solving guide providing structured hints and tips
in a conversational style.
The exploitation of natural resources in Africa represents a major
challenge. The African continent, which remains largely unexplored,
contains a large part of the world's natural resources. The current
context, characterised by a fluctuation of commodity prices, does
not reduce the growing interest in Africa and its extractive
sector. Oil, Gas and Mining Law in Africa analyses the mining and
petroleum laws in African countries and includes an assessment of
contractual aspects applicable to oil, gas and mining operations.
The innovative interest of this book is to provide a detailed and
up-to-date analysis of mining and petroleum laws applicable to the
upstream sector in Africa. It focuses on all the mining and
petroleum laws and especially those recently enacted in a
constantly changing environment.
This up-to-date book takes a fresh look at regulation and risk and
argues that the allure of regulation lies in its capacity to reduce
risk while preserving the benefits of trade, travel and commerce.
Regulation appears as a politically attractive, targeted and
effective way to ensure that disasters of the past are not
repeated. Diverse challenges are tackled through regulatory means -
including the industrial, financial and terrorist-related hazards
analyzed in this book. Fiona Haines' empirical work shows, however,
that regulation attempts to reduce risks beyond their stated remit
of preventing future disaster. Her analysis reveals a complex nexus
between risk and regulation where fulfilment of regulatory
potential depends on managing three fundamentally different types
of risk: actuarial, socio-cultural and political. This complex risk
management task affects both reform and compliance efforts,
generating tension and paradoxical outcomes. Nonetheless, Haines
argues, enhancing political legitimacy and public reassurance are
central, not peripheral, to successful regulation. This insightful
book will appeal to academics, researchers and postgraduate
researchers working in regulation across law, politics, sociology,
criminology and public management. Masters of public management,
MBA students, public administrators and regulators, as well as
political commentators, will also find this book invaluable.
This book is a fully up-to-date, comprehensive guide to the law,
economics and practice of UK merger control law. This guide
presents an integrated legal and economic assessment of the
substantive appraisal of mergers and examines in detail the
following topics: the history of the Enterprise Act and its
development from the Fair Trading Act; the various regulatory
bodies that form the institutional structure of the UK merger
control regime; enterprises subject to merger control regulation
and the jurisdictional thresholds of the Enterprise Act; the
relationship of the Enterprise Act with the European Merger
Regulation; public interest mergers and the role of the Secretary
of State; and merger remedies. All recent legislative developments
including the merger of the OFT and the Competition Commission and
the Enterprise and Regulatory Reform Act 2013, as well as all
relevant case since the first edition of the magisterial text are
explored.
Smart procurement aims to leverage public buying power in pursuit
of social, environmental and innovation goals. Socially-orientated
smart procurement has been a controversial issue under EU law. The
extent to which the Court of Justice (ECJ) has supported or rather
constrained its development has been intensely debated by academics
and practitioners alike. After the slow development of a seemingly
permissive approach, the ECJ case law reached an apparent turning
point a decade ago in the often criticised judgments in Ruffert and
Laval, which left a number of open questions. The more recent
judgments in Bundesdruckerei and RegioPost have furthered the ECJ
case law on socially orientated smart procurement and aimed to
clarify the limits within which Member States can use it to enforce
labour standards. This case law opens up additional possibilities,
but it also creates legal uncertainty concerning the interaction of
the EU rules on the posting of workers, public procurement and
fundamental internal market freedoms. These developments have been
magnified by the reform of the EU public procurement rules in 2014.
This book assesses the limits that the revised EU rules and the
more recent ECJ case law impose on socially-orientated smart
procurement and, more generally, critically reflects on potential
future developments in this area of intersection of several strands
of EU economic law.
Agricultural Law in Sub-Saharan Africa: Cases and Comments
introduces the subject of agricultural law and economics to
researchers, practitioners, and students in common law countries in
Sub-Saharan Africa, and presents information from the legal system
in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone,
South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law
and economics approach entails the use of quantitative methods in
research. This is consistent with the expectations in an applied
economics field such as agricultural economics. Covering the
general traditional law topics in contracts, torts, and property,
the book goes further to introduce cutting-edge and region-relevant
topics, including contracts with illiterate parties, contract
farming, climate change, and transboundary water issues. The book
is supported by an extensive list of reference materials, as well
as study and enrichment exercises, to deepen readers' understanding
of the principles discussed in the book. It is a learning tool,
first and foremost, and can be used as a stand-alone resource to
teach the subject matter of agricultural law and economics to
professionals new to the subject area as well as to students in law
school, agricultural economics, economics, and inter-disciplinary
classes.
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