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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
Following many months of debate and lobbying, the new Bills of
Exchange Amendment Act became law on 1 March 2001. This Act seeks
to amend the Bills of Exchange Act in order to simplify and clarify
the law relating to cheques and to accommodate the advances of
technology, as well as to reduce the high incidence of cheque
fraud. The Commentary deals specifically with each amendment, and
gives a clear analysis of its legal effect.;(Supplement to the
Handbook on the Law of Negotiable Instruments - 2nd ed, 1997)
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.
The ideal companion for anyone studying company law, Smith &
Keenan's Company Law provides you with: Straightforward, accessible
coverage of the key legal principles you'll need to understand for
your module written by experienced lecturers in the field; A range
of features to support your learning and help you study
independently, including detailed case summaries and discussion of
academic opinion in the area; Extensive further reading suggestions
to a wide range of academic articles to encourage deeper
understanding and analysis. This eighteenth edition also includes:
A new chapter on partnerships and limited liability partnerships
(LLPs) An extended chapter on the corporate veil, including
Petrodel Resources Ltd v Prest [2013] and academic discussion of
lifting and piercing the veil of incorporation Discussion of key
developments brought about by the Small Business, Enterprise and
Employment Act (SBEEA) 2015, including maintenance of a register of
people with significant control (PSC); greater restrictions on
corporate directors; and the submission of statements of
confirmation An updated chapter on the statutory derivative action
exploring the evolving case law such as Wilton UK Ltd v
Shuttleworth [2018].
Principles of Law and Economics, Third Edition provides a
comprehensive yet accessible guide to the field of law and
economics. With its focus on principles, and use of illustrative
examples, this is the ideal introduction for law students, with or
without prior knowledge of economics. The textbook focuses largely
on the economics of core areas in common law: property, contract
and tort, with additional chapters on criminal law, procedural
matters and family law. This updated third edition also includes a
chapter on the economics of corporate law that addresses the key
issues surrounding the nature of the firm and the incentives
attached to corporate legal structures. Key features include:?
Clear and succinct language used throughout with limited use of
jargon or specialist terms An educational design which is
accessible for use by students of law and economics alike? Economic
analysis and legal principles treated in a self-contained manner
for ease of reference? Legal cases summarized for the benefit of
highlighting relevant economic issues ? A focus on the common law,
including comparative references to civil law? Review questions at
the end of each chapter to encourage further analysis and debate
around key topics. The clear and non-technical approach to the
subject matter makes this a perfect text for law students, or
indeed for students in economics or business studies who are
studying law and economics for the first time.
This book explores the allocation of risk and liability of
dangerous goods between the seller and the buyer under CIF (Cost,
Insurance and Freight) and FOB (Free on Board) contracts, providing
an in-depth study of the issue of carriage of dangerous goods in
the context of international trade law. In addition to offering
specific solutions to issues arising in the context of the contract
of sale, the book provides a non-contractual angle, putting forward
suggestions under non-contractual mechanisms. Importantly, the book
incorporates case law examples from the Commonwealth and the US.
Dangerous goods that are carried by sea can cause potential risks
of losses and damages to the vessel, other cargoes and lives on
board. The allocation of liability arising out of the carriage of
dangerous goods has recently attracted unwelcome attention because
of mis-declared cargoes leading to fires on board ships. Thus the
book fills a gap in the literature by addressing the issue in
detail with examples from multiple jurisdictions, and proposing
solutions. In particular, the book analyses whether and to what
extent the law of international sale of goods can provide any
assistance in the re-allocation of liability between the buyer and
the seller. This book will be of great interest to all those
involved in the research as well as legal practice of international
trade law and the law of carriage of goods by sea.
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.
'In summary, the book provides an interesting mix of energy topics
and perspectives that appears somewhat eclectic at first glance. .
. . the book is a very useful and scholarly addition to the
literature on energy governance and is recommended reading for all
those who need to be better informed on the challenges and some of
the solutions available at the current time.' - David Grinlinton,
Journal of Energy & Natural Resources Law This timely book
makes an original and in-depth contribution to the debate about how
to transform our energy governance systems into ones that support a
fair, safe and sustainable society. It combines perspectives from
leading scholars to provide a global outlook on alternative
approaches to energy governance and innovative experiences. Taken
as a whole, it offers a unique overview of some of the innovative
and novel ways in which law can support the shift to sustainable
and equitable energy systems. The first section lays the conceptual
and theoretical foundations for alternative approaches to energy
governance, including its constitutional foundations, the role of
human rights, and an environmentally just system that seeks
universal access to energy for all. The second section showcases
concrete innovative experiences in energy governance from around
the globe, including smart cities, the role of the courts, energy
efficiency of buildings and the harnessing of energy from waste.
Finally, the authors consider the social justice dimension,
discussing the exploitation of energy resources by multinational
companies in developing countries and the importance of
agricultural production, distribution and consumption in energy
transformation. This unique overview of state-of-the-art approaches
to transformation of energy governance is vital reading for policy
makers and both legal and non-legal scholars concerned with energy
law, sustainability and justice, and global governance.
Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T.
Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L.
Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L.
Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis,
M.K. Scanlan, J. Wentz
This book analyses actual and potential normative (whether
legislative or contractual) conflicts and complex transnational
disputes related to state-controlled enterprises (SCEs) operations
and how they are interwoven with the problem of foreign direct
investment. Moreover, SCEs also fall within the remit of
international political economy, international economics and other
SCE-related fields that go beyond purely legal or regulatory
matters. In this connection, research on such economic and
political determinants of SCE's operations greatly informs and
supplements the state of knowledge on how to best regulate
cross-border aspects of SCE's and is also be covered in this book.
The book also aims to analyse the "SCE phenomenon" which includes a
wide panoply of entities that have various structures with
different degrees of control by states at the central or regional
level, and that critically discuss the above-mentioned overlapping
legal economic and political systems which can emerge under various
shades of shadows casted by governmental umbrellas (i.e., the
control can be exercised through ownership, right to appoint the
management, and special-voting-rights). The chapters in this book
are grouped, so as to address cross-border investment by and in
SCE, into four coherent major parts, namely --- (i) the regulatory
framework of state capitalism: laws, treaties, and contracts; (ii)
economic and institutional expansion of state capitalism; (iii) the
accountability of state capitalism: exploring the forms of
liabilities; and (iv) regional and country perspectives.
Contributions address the core theme from a broad range of SCE and
international economic regulations, including but not limited to
competition law, WTO law, investment law, and financial/monetary
law. They also cover the new emerging generation of Free Trade
Agreements (EU-Vietnam FTA, EU China investment treaty, Regional
Comprehensive Economic Partnership; and the coordination between
treaty systems). The book is a valuable addition and companion for
courses, such as international trade law, international law of
foreign investment, transnational law, international and economic
development, world politics, law of preferential trade agreements,
international economics, and economics of development.
Transnational corporations (TNCs) have moved to the forefront of
regulatory governance both within states and in the international
arena. The Research Handbook on Transnational Corporations provides
expert background commentary and up-to-date insights into
regulatory frameworks impacting on TNCs at global, industry and
national levels. Written by global experts in their field, this
unique collection of essays provides in-depth understanding of how
the forces of globalisation affect the world's largest
corporations, and how those corporations, in turn, shape
globalisation. Comprehensive yet highly accessible, this is the
first major work on the reciprocal impact of TNCs on regulatory
processes. The Research Handbook provides guidance on how best to
understand the rapidly evolving relationship between TNCs and the
processes of treaty making, the formation of global industry
standards and the processes of national law making and policy
formation (with a focus on resource taxation). Global, industry and
national-level case studies are used to explain the basic
principles used to support state, private, and international
regulatory programs. Delivering both theoretical and practical
insights into the regulation of TNCs, this timely and authoritative
Research Handbook will be of particular interest to policy makers,
industry practitioners and lawyers. Students and academics will
also find it to be an invaluable resource. Contributors include: R.
Anderson, M. Bowman, L. Cata Backer, A. Chou, A. De Jonge, G.
Gilligan, D. Gleeson, M.A. Gonzalez-Perez, V. Harper Ho, J.A.
Kirshner, D. Kraal, L. Leonard, R. Lopert, M.E. Monasterio, P.
Neuwelt, J. O'Brien, A. Ruhmkorf, R. Tomasic, M. Woersdoerfer
Focusing primarily on the banking system in the United States, this
book offers an innovative framework that integrates a depository
bank's liquidity and its capital adequacy into a unified notion of
funding that helps to explain how the 2007-2008 crisis unfolded,
why central banks succeeded in resolving the crisis, and how the
conceptual legacy of the crisis and its resolution led to lasting
changes in bank funding regulation, including new objective
requirements for bank liquidity. To provide a comparative context,
the book also examines the funding models of nonbank intermediaries
like dealer banks and insurers. This book provides a nuanced
understanding of bank funding practices for legal academics
interested in banking regulation or corporate finance and helps
place prudential regulation and the private law of funding in the
context of the banking business model. Business model scholars,
financial academics, and bank regulators will appreciate its
readable, integrated approach to understanding some of the most
current and conceptually challenging aspects of prudential
regulation.
This book is an exploration of arguments about the economic and
social effects of the regulation of labour, and whether it is
likely to be helpful or harmful to development. Authored by
contributors from a variety of fields, primarily legal as well as
development studies, economics and regulatory studies, the book
presents both empirical and theoretical analyses of the issues.
With authors from several continents, this collection is unique in
that it focuses on labour regulation in poor and middle-income
countries rather than industrialized ones, therefore making it a
significant contribution to the field. In large part, the authors
conclude that regulation of labour can play a positive role in
promoting social and economic development, especially over time.
Effective regulation has the potential to promote democratic
engagement at work and beyond. However its impact is dependent on
how much its design grapples with the particular arrangements of
work occurring within different industries, reflecting the nature
of development and social relations within that country.
Contributors emphasize that regulation needs to be adapted to the
challenges presented by non-standard employment relations, changes
in the structure of work and the rise of global value chains. This
collection's exploration of labour regulation in developing
countries will be of interest to labour law scholars and teachers,
to policy-makers in the field of labour regulation - especially in
the global South - as well as to technical advisers and those
engaged in the practice of industrial relations. Contributors
include: G. Bensusan, D. Cheong, S. Deakin, F. Ebert, C. Fenwick,
S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von Broembsen
In Association with the International Labour Organization
Rapid technological innovations have challenged the conventional
application of antitrust and competition law across the globe.
Acknowledging these challenges, this original work analyses the
roles of innovation in competition law analysis and reflects on how
competition and antitrust law can be refined and tailored to
innovation. With chapters from well-established and up-and-coming
competition law and economics scholars - from the Academic Society
for Competition Law (ASCOLA) - this book reflects on the role
innovation has played, and can continue to play, within competition
and antitrust law. In addition to uncovering innovation concerns
within their analysis, the authors also make important
contributions to academic and policy debates on the relationship
between these areas of law and other instruments of innovation
regulation, such as data protection regulation, intellectual
property law, the regulation of big data, platforms and artificial
intelligence. Academics in competition and intellectual property
law, economics and political science working on data protection or
innovation more generally will find this book a useful insight into
future challenges for constructing meaningful and effective laws
within the area of innovation. Policymakers and practising lawyers
will also find the example cases useful, especially for refining
and restructuring perception about innovation in competition law.
Contributors include: M. Botta, J.S. Frank, S. Hayashi, W. Kerber,
P. Kuoppamaki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos,
M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B.
Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D.
Zimmer, N. Zingales
This handbook is a concise guide for all those who aim at obtaining
a basic knowledge of European tax law. Designed for students, it
should also be useful for experienced international tax specialists
with little knowledge of European law, European law specialists who
are reluctant to approach the technicalities of direct taxation and
non-Europeans who deal with Europe for business or academic reasons
and need to understand the foundations of European tax law. This
book should also help academics without a legal background to
approach the technical issues raised by European Union tax law.
This edition contains selected relevant information available as of
30 June 2022. It retains all of the features and tools contained in
the previous editions (including the final charts, which our
readers very much appreciate). In this edition we have also
included a list of relevant documents and a selection of reference
textbooks on European tax law in five languages, which we found of
potential interest to our readers.
The energy law and energy policy of the EU and Euratom have become
more and more complex in recent years. Today these areas feature a
multitude of layers concerning not only regulation of the power
industry, but also security of energy supply, climate change,
consumer needs and technical innovation. This Textbook serves as a
much-needed introduction to this distinctive field. Written in an
accessible and engaging manner, with a clear pedagogical structure,
the book concentrates on providing an overview of EU energy law,
and provides pointers for further reading on each of the component
parts. Stimulating end-of-chapter questions facilitate discussion
and classroom use, whilst for readers with little experience of the
EU, the book provides a separate chapter outlining the
institutional structure and functioning of the European Union and
Euratom in the field of energy policy. Key Features: - Summaries of
treaty rules, case law and legislation give the reader a clear
understanding of the complex legal framework of this policy area. -
Review questions and further reading lists make it the ideal
starting point for those coming to the subject for the first time,
and for those with some prior expertise. - COverview chapters
provide the reader with a solid grounding in the functioning of the
EU and Euratom. Each of these features ultimately helps readers to
familiarise themselves with one of the most vibrant fields of
European law and policy. This introductory textbook will be the
first port of call for all those, both students and practitioners,
who need to understand EU and Euratom energy law.
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