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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law
Occupational stress is a growing area of interest as ensuring
employees are cared for physically and emotionally in the workplace
has become vital across industries. To fully understand the various
forms and factors of occupational stress, further study is required
in order to provide the best work environment for employees.
Dissecting and Dismantling Occupational Stress in Modern
Organizations explores key concepts of occupational stress in
modern organizations across the globe such as how stress is felt
and dealt with by professionals from various sectors operating in
the globalized environment. The book also provides an in-depth
understanding of the magnitude and reasons behind the varying
impacts of stressors within modern organizations. Covering topics
such as health capital, turnover intentions, and work-family
conflict, this reference work is an excellent resource for business
leaders, managers, human resource managers, librarians, government
officials, occupational therapists, researchers, academicians,
scholars, educators, and students.
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
Whilst many of us would agree that human rights are more important
than corporate profits, the reality is often different; such
realities as child labour and environmental destruction caused by
corporate activities make this patently clear. Recognising that
balancing human rights and business interests can be problematic,
Corporate Accountability considers the limits of existing complaint
mechanisms and examines non-judicial alternatives for conflict
resolution. The innovative approach herein compiles both
long-standing international expertise and findings based on 25 key
interviews from experts and victims. In contrast to the current
literature, which tends to provide details on the functioning of
the mechanisms, this book delves further to examine the strengths
and weaknesses of each mechanism and provides criteria of
excellence for non-judicial grievance mechanisms. In doing so, it
provides a reality-check for corporate accountability worldwide.
Novel and thought provoking, Corporate Accountability will be a
captivating read for academics as well as companies interested in
human rights and corporate social responsibility. It will also
prove of interest to related state institutions such as development
agencies and other relevant ministries such as chambers of
commerce, trade unions, NGOs and civil society organisations.
Public procurement law is a necessary component of the single
market because it attempts to regulate the public markets of Member
States and represents a key priority for the European Union. This
Research Handbook makes a major contribution to the understanding
of the current EU public procurement regime, its interface with the
law of the internal market and the pivotal role that this will play
in the delivery of the European 2020 Growth Strategy. Led by
Christopher Bovis, a team of internationally acclaimed expert
contributors provide comprehensive analysis of the law,
jurisprudence and regulation of public procurement in the EU.
Coverage is organised into five thematic parts exploring public
procurement regulation; strategic procurement; justiciability in
public procurement; public procurement and competition; and public
procurement and public service. Offering invaluable, contemporary
insights, the Research Handbook on EU Public Procurement Law is
both detailed and accessible, making it an indispensable resource
for researchers, academics, policy makers, regulators and judges at
national and international levels. Its wealth of detail and
practical assessment will also appeal to current and future
generations of procurement practitioners across the European Union.
Contributors include: M. Andrecka, C. Bovis, R. Canavan, R.
Caranta, C. Clarke, D.C. Dragos, M. Kekelekis, E. Matei, K.
Neslein, E. Olsson, S. Panagopoulos, O.S. Pantilimon Voda, K.
Pedersen, A. Sanchez Graells, S. Schoenmaekers, T. Tatrai, M.
Trybus, S. van Garsee
Public stock markets are too small. This book is an effort to
rescue public stock markets in the EU and the US. There should be
more companies with publicly-traded shares and more direct share
ownership. Anchored in a broad historical study of the regulation
of stock markets and companies in Europe and the US, the book
proposes ways to create a new regulatory regime designed to help
firms and facilitate people's capitalism. Through its comparative
and historical study of regulation and legal practices, the book
helps to understand the evolution of public stock markets from the
nineteenth century to the present day. The book identifies design
principles that reflect prior regulation. While continental
European company law has produced many enduring design principles,
the recent regulation of stock markets in the EU and the US has
failed to serve the needs of both firms and retail investors. The
book therefore proposes a new set of design principles to serve
contemporary societal needs.
Capital gains taxes pose a host of technical and political design
problems and yet, while the literature on the theory of capital
gains taxation is substantial, little has been published on how
governments have addressed these dilemmas. Written by a team of
distinguished international experts, Capital Gains Taxation
addresses the gap in the literature; it explains how a number of
countries tax capital gains and the successes and pitfalls of these
methods. Examining key issues in the theory and practice of capital
gains taxation in a general context, this book also provides a
detailed analysis of the tax systems of Australia, Canada, China,
India, the Netherlands, New Zealand, South Africa, the UK and the
US. It questions whether capital gains should be taxed in the same
way as ordinary income, considers the rate at which they ought to
be taxed, if indeed they should be at all, and compares the
taxation on realisation of capital gains versus on an accruals
basis. Eloquent and astute, Capital Gains Taxation will be a
crucial point of reference for students and scholars of tax law and
policy. Its pragmatic approach will also benefit tax practitioners,
policy-makers and tax authorities. Contributors include: R.
Avi-Yonah, P. Baker, M. Bowler-Smith, D. Duff, C. Elliffe, S.
Griffiths, E.C.C.M. Kemmeren, M. Littlewood, A. O'Connell, J.
Roeleveld, D.P. Sengupta, D. White, Y. Xu, D. Zelik
With the European Union striving to become the world's most
competitive economy, the developments in the two closely
interconnected areas of European corporate law and European company
tax law are of utmost importance. This book focuses on the crucial
issues raised by these developments, on their far-reaching
implications and on the key challenges to the future legislative
choices. The book illustrates the key developments in EU corporate
law and EU company tax law, the EU planned initiatives in these
areas, and - at a time when member states increasingly tend to use
company law and company tax provisions to attract businesses and
investments - it suggests how future developments can contribute to
the undistorted functioning of the internal market and to the
strategic 'Lisbon-objective'. The explanation of these legislative
and case-law developments is of use to students and indicates new
opportunities for business expansion strategies throughout the
European Community. The book concludes that new optional, but
attractive, EU company law vehicles and company tax regimes would
be, in these two areas, the only legal and effective means towards
an undistorted functioning of the internal market and towards the
Lisbon-objective. This ultimately gives rise to a far-reaching
challenge for all debates on the future patterns of European
integration. Luca Cerioni introduces new themes for academic
research and discussion subjects for decision-makers and at the
same time, uniquely, makes these accessible to a much wider
international public of students, businesses and practitioners.
TV Futures: Digital Television Policy in Australia brings together
leading writers from both law and media studies to examine the
implications of the shift to digital television for the platforms
and audiences, copyright law and media regulation. The book
combines writers with expertise in media law and copyright law with
those skilled in media policy and social and cultural research.
Through its scope and topicality, the book substantially develops
the literature on digital television to serve readers from across
the fields of law, the humanities and social sciences.
In modern markets innovation is at least as great a concern as
price competition. The book discusses how antitrust policy and
patent and copyright laws interact to create market dynamics that
affect both competition and innovation. Antitrust and intellectual
property policies for the most part are complementary, sharing
common goals of promoting innovation and economic welfare. In some
cases, however, their distinct approaches, one based on competition
and the other on exclusion, come into conflict. As antitrust
authorities focus increasingly on ensuring that firms do not
interfere with innovation by rivals or impede the pace of
technological progress in an industry, they necessarily must
confront difficult questions about the strength and scope of
intellectual property rights. When should private property rights
give way to public competition objectives? When is it appropriate
to remedy anticompetitive outcomes through access to protected
intellectual property? How does antitrust enforcement or
competition itself affect incentives to innovate? Leading
economists and lawyers address these questions from both US and EU
perspectives in discussing salient antitrust cases involving
intellectual property rights such as Microsoft, Magill, Kodak, IMS
and Intel. Offering a non-technical introduction to this major
topic, this book will be of interest to those practitioners and
legal and economic scholars who may only be aware of one side of
the conflicting views on competition law and intellectual property
law. It will also be of interest more generally to schools and
universities of law in the EU and the US.
Chapter 8 of the Basic Conditions of Employment Act 75 of 1997,
allows the Minister of Labour to promulgate minimum conditions of
employment for employees in specific sectors or areas, in the form
of Sectoral Determinations. Sectoral Determination 6 sets out
minimum conditions of employment in the South African Private
Security Sector, a sector employing over 500 000 active security
officers, with 1 500 000 registered security officers, and over 9
000 active employer security companies. This book presents a
non-legalistic commentary on the specific minimum conditions of
employment applicable to persons employed in South Africa as
security officers. The key provisions of the Sectoral Determination
are covered in a systematic manner, with Key Point summaries at the
end of each section. Understanding Sectoral Determination 6:
Private Security also contains the text of the legislation.
Understanding Sectoral Determination 6: Private Security forms part
of the Juta's Pocket Companions series, to complement Juta's highly
successful Pocket Statutes series.
Market driven healthcare is massively divisive. Opponents argue
that a competition approach to medical treatment negatively impacts
on quality, while advocates point to increased efficiencies. This
book casts a critical eye over both positions to show that the
concerns over quality are in fact real. Taking a two part approach,
it unveils the fault lines along which healthcare provision and the
pursuit of quality would in certain cases clash. It then shows how
competition authorities can only effectively assess competition
concerns when they ask the fundamental question of how the concept
of healthcare quality should be defined and factored into their
decisions. Drawing on UK, US and EU examples, it explores antitrust
and merger cases in hospital, medical and health insurance markets
to give an accurate depiction of the reality and challenges of
regulating competition in healthcare provision.
Using an innovative 'law and political science' methodology, this
timely book carries out a critical assessment of the reform of the
EU public procurement rules. It provides a rich account of the
policy directions and the spaces for national regulatory decisions
in the transposition of the 2014 Public Procurement Package, as
well as areas of uncertainty and indications on how to interpret
the rules in order to make them operational in practice. Most EU
law research focuses on the content of rules and the impact of case
law on their interpretation and application. It rarely discusses
how the CJEU's case law influences the creation of new rules, or
the way EU law-makers enact them - issues which, conversely, are a
staple for political scientists. By blending both approaches this
book finds that political science provides a useful framework to
describe the law making process and shows that the influence of the
CJEU was significant. Though the specific case studies identify
many reforms, the ultimate assessment is that EU public procurement
law was deformed. Offering a clear contribution to the emerging
scholarship on 'flexible' EU law-making, this book's novel
methodology will appeal to scholars and students of both law and
political science. Law and policy makers as well as legal
practitioners will also find its practical approach compelling.
'In international and domestic law water has a widely multifaceted
relevance. This book addresses the multifarious water issues from
the perspective of a wide range of bodies of law, especially those
on foreign investment, international trade and human rights. Its
various contributions consistently follow a multi-layered
methodological approach encompassing legal, policy, economic,
financial, international and comparative domestic analysis. That
makes this book a precious tool for international and domestic
water policy makers, managers, practitioners and arbitrators.' -
Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy
'Charting the Water Regulatory Future is a multifaceted review of
contemporary issues concerning development and conservation of
water resources. Divided in three parts, this book contains
excellent articles that grapple with salient legal, economic and
ethical problems that the world will face in the not-too-distant
future.' - Thomas J. Schoenbaum, George Washington University Law
School, US Water is an essential resource for mankind, yet many
countries around the world are currently facing mounting freshwater
management challenges, with climate change and new regional
imbalances threatening to aggravate this situation further. This
timely book offers a unique interdisciplinary inquiry into the
issues and challenges water regulation will face in the coming
years. The book brings together economists, political scientists,
geographers and legal scholars to offer a number of proposals for
the future of water regulation. The contributions in this book are
grouped around specific themes. In the Part I, the contributions
address the challenges which water poses to public international
law. In the Part II, the authors explore the most pressing ethical,
legal, and social issues. Finally, the discussion in Part III
covers the economic drivers shaping the future of water. This
discerning book cov'This book, examining the issues, challenges and
directions in water regulation, is very timely. . . (It)
contributes to this gigantic endeavour by identifying some of the
most pressing legal and economic issues and challenges, and
pointing toward some possible future directions. It is written in a
technically accurate yet accessible language and will surely prove
useful to scholars, policymakers, and practitioners alike.' -
Fernando Dias Simoes, European Yearbook of International Economic
Law 2018 'In international and domestic law water has a widely
multifaceted relevance. This book addresses the multifarious water
issues from the perspective of a wide range of bodies of law,
especially those on foreign investment, international trade and
human rights. Its various contributions consistently follow a
multi-layered methodological approach encompassing legal, policy,
economic, financial, international and comparative domestic
analysis. That makes this book a precious tool for international
and domestic water policy makers, managers, practitioners and
arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater
Studiorum, Italy 'Charting the Water Regulatory Future is a
multifaceted review of contemporary issues concerning development
and conservation of water resources. Divided in three parts, this
book contains excellent articles that grapple with salient legal,
economic and ethical problems that the world will face in the
not-too-distant future.' - Thomas J. Schoenbaum, George Washington
University Law School, US 'This excellent book addresses urgent
global water issues: scarcity of clean water as population grows
and the climate changes, balancing incentives for investment in
infrastructure with human rights to basic needs, jurisdiction and
management of international watersheds, and the role of trade and
international trade agreements. Individual chapters are
sophisticated but accessible and documented rigorously but
unobtrusively. The authors are reputed scholars from diverse
disciplines, representing a wide range of countries in terms of
geography and economic status.' - Alan Randall, The Ohio State
University, US and University of Sydney, Australia 'There is no
greater challenge in the 21st century than meeting the demand for
water amid global climate change. Rapid urbanization, a growing
global population projected to hit nine billion in the coming
decades, combined with rising demands for water intensive
agri-foods, is creating enormous stresses on global water
resources. This volume brings together an outstanding collection of
global experts to examine the regulatory challenges of water
management, addressing topics as diverse as regulating trade in
water, global institutions and water conservation, cross border
investment in water utilities, as well as ethical, social and legal
issues associated with equity and access to water. The volume
represents an original and immensely valuable collection of papers
for anyone concerned with the future of this most essential
resource.' - Darryl Jarvis, Hong Kong Institute of Education
'Pollution, population growth, climate change and regional
imbalances make water management a central challenge for
governments. New problems about water have arisen, which include
inefficient sanitation services, the depletion of groundwater,
unstable water supply networks and the use of water carriers. This
excellent edited collection brings us a fresh and broad
understanding on the future of water regulation from trade,
investment, sustainable development, human rights and economics
perspectives. This book is highly recommended for anyone interested
in international rule-making and regulatory development for public
goods in the era of globalization.' - Tsai-yu Lin, National Taiwan
University 'Overall, this edited volume has certainly succeeded in
analysing a highly technical topic from a wide variety of
disciplines and in an array of jurisdictions. Its interdisciplinary
nature, together with its consistency and clarity, makes it a
welcome and timely addition to the literature. It constitutes a
useful reference for both academics and practitioners who seek
guidance in the intricate and vitally important realm of water
regulation.' - Chinese Journal of Environmental Law ers all of the
primary actors in the actors of the water world, including
governments, companies, international organizations, and citizens.
With an original introduction by the editor and bringing a diverse
collection of perspectives into a single collection, the book will
be an essential resource for scholars and practitioners in legal
and policy fields such as trade and investment, human rights and
the environment as well as in international relations. Contributors
include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D.
Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M.
Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A.
Shah, V.J.M. Tassin, C. Titi, P. Turrini
This book examines the treatment of joint ventures (JVs) in EU
competition law, and, at the same time, provides a comparison with
US law. It starts with an analysis of the rather elusive concept of
JVs, encompassing both concentrative JVs (subject to merger
control) and non-concentrative JVs. Although focused on possible
definitions of JVs in terms of competition law, it also includes a
broader perspective (going beyond competition law) on the different
legal models of structuring cooperation links between undertakings.
At the core of the book is an attempt to build an analytical model
for the assessment of JVs in terms of antitrust law, especially as
regards Article 101 of the Treaty on the Functioning of the
European Union. The analytical model used proposes a set of
sequential analytical levels, taking into account structural
factors and specific factors related to the main constituent
elements of the functional programs of JVs. The model is applied to
a substantive assessment of four main types of JVs, identified on
the basis of their prevailing economic function: R&D JVs,
production JVs, commercialization JVs, and purchasing JVs. Also
covered are particular situations of joint ownership of
undertakings falling short of joint control. In the concluding part
of the book, recent developments in JV antitrust law are put into
context, within the wider reform of EU competition law. The book is
comprehensive and up-to-date in terms of the reform of the EU
framework on horizontal cooperation between undertakings, which was
introduced at the end of 2010. (Series: Hart Studies in Competition
Law - Vol. 6)
The books deals with the questions that really matter for green
finance: Where will the money to finance the transition to a low
carbon environment come from, how far do the banks' balance sheets
stretch and where will the rest of the money come from? How much
can we rely on the capital markets, especially in the EU, to get
money to the parts of the economy which really need it, without
greenwashing? How do governments organize not just a transition,
but a just transition to a low carbon environment? Is it time to
revisit received ideas about the proper role for central banks?
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