Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law. Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index

Virtually every state has a dissenting stockholder statute, and now most states have minority oppression statutes. In almost all of these states, the statutory standard of value for stock is fair value, and recently some states have adopted the fair value standard for marital dissolutions.Appraisal actions under both dissent and oppression statutes are on the increase, and it is a fertile field for business appraisers. BVR's updated Guide couldn't come at a more opportune time, and provides a great resource for BV appraisers and attorneys to use whenever their work involves fair value as a standard of value in dissenting stockholder actions, judicial appraisals, marital dissolutions, and more.

Increasingly, governments everywhere are backing away from their earlier micromanagement of international aviation, allowing carriers to tap market opportunities wherever they can be found and with far more ease and responsiveness. Accordingly, the industry will inevitably generate new paradigms of competitive market behaviour. This timely book presents the fresh thinking needed on an appropriate legal and policy architecture to govern the industry in the decades ahead. It continues the pursuit of the topic considered in the author's earlier work In Search of Open Skies: the contours of a legal regime that should govern international scheduled air passenger (and relatedly, air cargo) transport. Beyond Open Skies offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: - cabotage; - ownership and citizenship requirements; - route selection; - airline identity; - capacity; - pricing regimes; - competition and public aid; - regulatory harmonization; - labor laws; - provisions for charter and/or cargo transportation; - fair operation of and access to computer reservations systems; - authorization of code-sharing arrangements; - alliances and antitrust immunity; and - dispute resolution. A very special feature of the book is its wealth of hard-to-find but vital scholarship and source material, never before collected so conveniently in one place, furnishing a rich and satisfying context that will enable readers to understand better the forces at work during these momentous realignments among carriers, regulators, and markets. Recognizing that the current global air transport regulatory system is inadequate to the commercial demands of the modern industry, the author shows clearly that the imperatives for its reform transcend domestic debates about incremental public intervention in the business of providing air transport. The book's in-depth analysis of how the law and policy of U.S. and EC airline deregulation can be integrated into the framework for a second-stage U.S./EC air transport agreement builds upon the efforts of government officials, industry stakeholders, and academic commentators who have encouraged a progressive liberalization of air transport. Beyond Open Skies is sure to take its place as the most comprehensive and valuable reference that exists on the complex diplomacy currently defining the future of international aviation.

Since its accession to the World Trade Organization (WTO), China has undertaken stronger initiatives toward adapting its legal system to support the development of a market-oriented economy. However, in this important new study the author contends that China's steps in this direction are not sufficient. Although barriers to merger and acquisition targeting of state-owned enterprises (SOEs) have been significantly reduced, excessive administrative intervention continues to discourage foreign & involving domestic listed companies. This book proposes changes in Chinese law, including a new full-scale regulatory scheme, which would enhance and expand such foreign direct investment. The discussion proceeds from the perspectives of company law, securities law, antimonopoly law, and foreign investment law. Based on the analysis of the market situation and policy background in China, and on a comparison among the relevant aspects of the legal systems of China and other jurisdictions, this book addresses the Chinese legal system for foreign and involving listed companies, including its policy support. The analysis highlights such aspects as the following: features and structures of the current Chinese foreign and market; China's state-owned enterprise reform; functions of the Chinese stock market; Chinese foreign investment policy; components of the Chinese legal system specific to foreign; and, comparative studies of foreign and regulation and experience (US, EU, UK, and Russia) and what may be useful in each for China. The author's detailed recommendations for the improvement of the Chinese legal system primarily concern the regime of state ownership exercise, the establishment of an antitrust scheme, the improvement in the regulation of corporate takeovers, and national treatment of foreign investors under the WTO system. This is in every way a ground-breaking contribution to the literature of international trade law. The author's deeply informed and cogent analysis will be of immeasurable value to policy makers and academics across a range of fields, and this book's practical value to business persons everywhere with an eye on China cannot be overestimated.

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enrique Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

Why does the third leg of the European Banking Union, EDIS, remain mired in controversy? This book presents the views of senior representatives of the public and private sectors and academia on why EDIS is either necessary, counter-productive or even dangerous. No viewpoint has been excluded and the full range of issues involved is covered, including the impact on financial stability and on consolidation of the financial sector in Europe, progress on reducing NPLs, the feasibility of developing "safe bonds" and other, more practical solutions to the "doom loop" and the actual design of EDIS.

If the law cannot protect a person from a lynching, then isn't lynching the law? In By Hands Now Known, Margaret A. Burnham, director of Northeastern University's Civil Rights and Restorative Justice Project, challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in a series of harrowing cases from 1920 to 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system in the mid-twentieth-century South, and traces the unremitting line from slavery to the legal structures of this period and through to today. Drawing on an extensive database, collected over more than a decade and exceeding 1,000 cases of racial violence, she reveals the true legal system of Jim Crow, and captures the memories of those whose stories have not yet been heard.

This book is the only in-depth analysis of VAT to focus on exemptions as a whole. Ten insightful chapters - by economists, lawyers, legal academics, and government tax advisors from a wide variety of jurisdictions - grapple with the essential questions: Are VAT exemptions desirable? Are they avoidable? Are alternative legal designs possible? Are such alternatives necessary? What new problems do such designs give rise to? The authors emphasize in particular the design alternatives to exemptions that characterize 'modern' VAT and the newly proposed 'post-modern' VAT, both those that are already in operation in some countries and others that have not yet been attempted anywhere in the world. Among the core issues discussed are the following: 'out-of-scope' supplies and suppliers; merit or concessional exemptions for, e.g., charities, healthcare, cultural activities, and education services; and 'technical' exemptions applied to, e.g., gambling, immovable property, financial and insurance services.

Capital markets are a continuous stream of activity and innovation. Constantly evolving and inherently dynamic, they give rise to complex regulatory and policy issues and offer rich material for analysis. Additionally, globalization has incentivized cross-border listings and international flows of capital. Global Capital Markets takes stock of recent trends and events by exploring their legal and regulatory implications across several jurisdictions from around the world. This book provides a critical analysis of current issues including investor activism, the challenges of cross-border regulatory enforcement and recent initiatives to empower shareholders to improve corporate governance. It also surveys longer-term trends such as the development of the nascent capital markets law in China over the last two decades and discusses the emerging issues from the increased use of dual class voting shares. Case studies draw on examples from nations such as the US, Canada, Europe, China, India and New Zealand. Timely and incisive, this book will appeal to students and academics in international corporate and securities law. Contributors incude: A. Anand, Q. Bu, H. Donegan, T. Keeper, Y.-H. Lin, A.B Majumdar, C. Malberti, T. Rodriguez de las Heras Ballell, U. Varottil

The "Livingston Code"A comprehensive system of criminal law which, while not adopted in the United States, is still influential today because it is the first complete penal code built on Jeremy Bentham's principles of codification. From a penal standpoint the code is important as well not only in terms of its completeness and order, but from its perspective of the advancement of crime prevention over punishment. " The Code]...will certainly arrange your name with the sages of antiquity."--Thomas Jefferson"You have done more in giving precision, specification, accuracy and moderation to the system of crimes and punishments 'than any other legislator of the age, and your name will go down to posterity with distinguished honor."--James Kent"You will be numbered among the men of this age who have deserved most and best of mankind." --Victor Hugo " Edward Livingston is] . . . the first legal genius of modern times."--Henry Sumner MaineEdward Livingston 1764-1836] graduated from Princeton College at the age of 17. He was a senator from New York and later Louisiana. He served as U.S. Secretary of State from 1831-1833.

In the wake of the credit crunch, structured finance is linked to bailed-out investment banks and overpaid executives rather than to the innovative financial solutions it continues to provide. The initial response from the financial markets has been a move back to basics, to plain vanilla transactions. Furthermore, securitization, derivatives and other structured products are facing intense regulatory and political scrutiny. These pressures notwithstanding, the potential of structured finance will play an important part in facilitating recovery. This book explains why. This book serves three purposes. First, it complements and updates the analysis of structured finance in the popular and highly acclaimed first volume in this series ("Securitization Law and Practice in the Face of the Credit Crunch"), with plenty of focus on derivatives. It includes a discussion of the collateralization of derivatives exposure as well as an analysis of novel derivative products such as weather and property derivatives. Second, it defines the key milestones of the credit crunch, focusing on the potential impact of the expected flow of litigation by aggrieved investors against the perceived deep pockets of arrangers and rating agencies around the world. Third, it illustrates ways in which the untapped potential of structured finance may well facilitate recovery. To this end, the book explores opportunities for securitization by sovereign states, by companies in emerging markets through DPRs, and by financial institutions plagued with non-performing loans and negative equity mortgages in the wake of property market conditions. Like its predecessor, this second volume in the series will again appeal to a wide variety of practitioners, whether lawyers in private practice or in-house or those active in the financial markets or in a supervisory or regulatory environment. Example structures and actual transactions make the topic very easily accessible and practice oriented. This book is an indispensable tool for any professionals connected with financial law in these turbulent times.

This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

This concise and practical guide to the most important economic techniques and evidence employed in modern merger control draws on the authors' extensive experience in advising on European merger cases. It offers an introduction to the relevant economic concepts and analytical tools, and stand-alone chapters provide an in-depth overview of the theoretical and practical issues related to market definition, unilateral effects, coordinated effects and non-horizontal mergers. Each form of economic evidence and analysis is illustrated with practical examples and an overview of key merger decisions.

Indonesia is the world's largest archipelagic state, with more than 18,000 islands and over 7.9 million square kilometres of sea. The marine frontier presents the nation with both economic opportunities and political and strategic challenges. Indonesia has been affected more than most countries in the world by a slow revolution in the management of its waters. Whereas Indonesia's seas were once conceived administratively as little more than the empty space between islands, successive governments have become aware that this view is outmoded. The effective transfer to the seas of regulatory regimes that took shape on land, such as territoriality, has been an enduring challenge to Indonesian governments. This book addresses issues related to maritime boundaries and security, marine safety, inter-island shipping, the development of the archipelagic concept in international law, marine conservation, illegal fishing, and the place of the sea in national and regional identity.

When courts 'pierce the corporate veil', they disregard the separateness of the corporation and hold a shareholder responsible for the corporation's action as if it were the shareholder's own. Although as a general rule the courts are reluctant to allow corporate veil piercing, creditors of an insolvent corporation frequently attempt to hold the shareholders liable when they cannot obtain satisfaction from their debtor. In the United States, in fact, piercing claims constitute the single most litigated area in corporate law.This study clears up some of the mists hanging around the concept of corporate veil piercing. What exactly is corporate veil piercing and in which situations does it occur? What are the legal rules involved? Following a short overview of the applicable law in the six legal systems that are the subject of this study-those of Belgium, the Netherlands, France, Germany, the United Kingdom, and the United States-the author proceeds with a more profound analysis from a functional comparative perspective, starting from particular situations that typically call for shareholder liability for the debts of subsidiary companies.Among the grounds for veil piercing claims the author discusses the following, along with the substantive and procedural law and important cases associated with each in the six jurisdictions covered: undercapitalization; asset stripping; undue continuing of loss-making activities; and dentification or the consideration of the corporate group as an economic unit. In the course of the presentation, a thorough analysis of legal scholarship in the area leads to numerous applications of the various theories and doctrines that can be brought to bear on veil piercing cases. In addition, an in-depth discussion of the international dimension of corporate veil piercing focuses on the question of which laws should govern the liability of a parent corporation for the debts of its subsidiary. Throughout, the author's clear insight into the substantive law of veil piercing sheds light on traditional misconceptions in the conflict of laws on the issue.She also details initiatives undertaken by various international bodies, including the United Nations, the Organization for Economic Cooperation and Development, the European Union, the International Court of Justice, and the International Labour Organization.Dr Vandekerckhove's study is the most comprehensive, far-reaching, and up-to-date study of this important growing area of corporate law practice. As such it will prove of great value to practitioners, judges, and academics in the field, and will prove its worth anywhere in the world where the presence of multinational corporations is felt.

This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.

Explores the full range of issues - moral, ethical, social, legal, and technological - involved in developing firm controls and best practices to secure the ever growing information infrastructure upon which societies and individuals depend.

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

EU policy in the area of corporate governance and capital markets is being reoriented. Harmonization is less frequently seen as a concept in company law; regulatory competition is on the rise; and experiments in soft law are being carried out. Several Member States have recently reformed their corporate laws, wither as a reaction to financial scandals or in an effort to enhance investment. Convergence has increased as a result, particularly towards Anglo-American standards. Yet differences still exist, profoundly rooted in national systems of corporate governance. By contrast, capital markets law would seem to be an exception, having undergone intense harmonization in the last few years through the Lamfalussy regulatory architecture. Nonetheless, a European system of securities regulation is not yet in place. Regulation is predominantly domestic, while private laws affecting capital markets are still divergent. This volume examines the ongoing debate from an interdisciplinary perspective. Part 1 explores the political determinants of corporate governance and evaluates likely convergence and the role of regulatory competition. Part 2 considers the Markets in Financial Instruments Directive (MIFID) and its central role in harmonizing EU securities trading. Part 3 analyzes the MiFID more deeply and explores other measures including the Prospectus and Transparency Directives. Part 4 offers future perspectives on the post-FSAP era.

This book presents a comprehensive survey of Chinese legal and regulatory systems governing international trade, following China's accession to the World Trade Organisation (WTO) in November 2001, and the coming into force of the revised PRC Foreign Trade Law in July 2004. It provides a systematic and in-depth analysis on the text of applicable Chinese laws and rules, with a particular focus on their practical application. It also critically explores whether international trade regulation in China complies with the WTO Agreement both in the text and in spirit and identifies areas where improvements by Chinese trade regulators would be desirable. This book starts with an analysis of basic issues of international trade regulation in China. Part II, covers foreign trading rights, trade restrictions and prohibitions, licensing and quotas, customs regulation, health, safety and technical standards, and trade in technology. The focus is on possible abuses of trade regulations designed to be neutral but which have the effect of discriminating against goods of foreign origin. law, in the form of anti-dumping law, anti-subsidy law, safeguarding measures and trade retaliation. Part IV explores new regulatory issues, including trade promotion, trade and competition, trade and IP rights protection, and resolution of trade disputes. This book combines academic research with detailed information and practical advice on the laws and policies of international trade regulation in China. It should attract not only legal researchers, but also practitioners who have an interest in international trade with China and the relevant legal and regulatory issues.

China's foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China's foreign investment legal regime lead its two-way investments towards the country's five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China's foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Here is a deeply researched and very detailed book that explores, as thoroughly as has ever been done whether competition law can combat oligopolistic markets. Drawing on the two bodies of law -- U.S. and EC -- that offer the widest range of experience, US and EC Oligopoly Control assesses whether, by the rule of law, the destructive economic trend that is becoming more and more characteristic of today's global economy can be countered by means of applying the core competition provisions. Among the crucial legal concepts examined in the book in depth are the following:
- abuse of a collective dominant position;
- facilitating practices;
- substantial lessening of competition; and
- non-coordinated unilateral effects.