Experience has shown that the complex issues raised by cross-border insolvencies cannot be adequately addressed by existing national bankruptcy law regimes. In order to deal effectively with such emerging factors as multi-jurisdictional intellectual property rights and contractual issues surrounding employment or immovable property - as well as such long-standing problem areas as choice of law and recognition of judgments - a system of international bankruptcy and insolvency law is needed. This monograph shows how such a system is ready to hand in Europe and potentially available at a global level. As an obvious step in this direction, Professor Torremans examines the EU Regulation on Insolvency Proceedings. He analyses all its provisions in detail, and sets out the solution it puts in place, partial and imperfect as it may be. He concludes that within the EU this Regulation promises to improve matters substantially, and that it bodes well to become a model for international co-operation in this area. To demonstrate the need for a coherent cross-border insolvency law regime, Professor Torremans first describes two very different national approaches, those of Belgium and the United Kingdom. He explores these two traditional approaches in detail, stressing their practical applications, and finds neither system can offer a satisfactory solution in a cross-border context. Finally, recognising that this problem does not stop at the EU's borders, Professor Torremans examines the UNCITRAL Model Law in detail to see whether it does indeed make a useful contribution.

Comparative Corporate Governance considers the impact of globalization on corporate governance issues and highlights how, despite the effect it has clearly had, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the tensions that exist between convergence attempts and the persistence of local models of governance in the US, Europe and Asia. Veronique Magnier assesses institutional, cultural and sociological factors as features of the disparities in governance. She does so by addressing the three main areas of tension in the legal aspects of corporate governance: theoretical pressure, which pits shareholder primacy against models advocating for greater participation of large corporations in general economic welfare; technical regulation, such as integrating corporate governance codes into national legal systems; and the need for context and reflection when transplanting governance approaches to different countries. Varying economic, societal and cultural environments make it vital to contextualize corporate governance in order to better understand how governance models operate in a globalized world. Lawyers, academics and advanced students of law looking to improve their understanding of corporate governance will find this a diverse and rewarding read.

The safety obligation in any employment relationship, enshrined in numerous laws and regulations, must necessarily absorb advances in medicine and technology. The law of health and safety at work is perhaps best understood as an ongoing process engaged in the making of a dynamic and effective regulatory framework able to cope with an ever-changing work environment. This book, an in-depth survey of the current state of health and safety law in Europe represents the work of labour lawyers involved into the Pontignano International Seminars and into the European Working Group on Labour Law (EWL). The seventeen contributing labour lawyers provide national reports from ten EU Member States, along with a chapter on EU law relating to health and safety and a concluding comparative analysis. Among the topics examined are the following:; the concepts of 'health', 'danger', and 'risk'; employers' obligations to inform, evaluate, and monitor; rights and duties of workers' representatives with regard to health and safety at work;; the obligation to carry out a systematic work environment management; reintegration efforts required from the employer and employee; instruments available to help the employer in the proper fulfilment of safety obligations; the interaction between health and safety regulation and the social security system; labour inspection;; civil, administrative and criminal liability of the employer; specific legislation regarding pregnant women; protection of other vulnerable groups; moral harassment or 'mobbing'; sexual harassment; work-related stress;; the concept of penibilite au travail; effect of a company's hierarchical structure on liability; and domestic workers and home-workers.

Countries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.

This study of entrepreneurship in Europe is a greatly expanded and updated version, in English, of the author's thesis published in Dutch in 1996. Its analysis focuses on "bottlenecks" and cross-border problems confronting European entrepreneurs in the areas of income tax, corporate income tax, and value-added tax. Four countries are chosen as representative of all the tax systems existing within the EC: The Netherlands, Germany, France and the United Kingdom. The author spares no detail in his examination, explaining such important elements and distinctions as the following: how the entrepreneur is viewed under the varying tax regimes and in the different countries; entrepreneurship and the professions; incentives; sources of income; partnerships; companies and shareholders; calculation of taxable profit; justification for a separate corporate income tax; taxation of foundations and societies; and the possibility of fiscal unity among Member States for VAT purposes.

Although electronic banking is rapidly overtaking direct bank-to-customer and bank-to-bank contact - and seems to be moving forward without serious problems - the law governing this telecommunication-based business is not always clearly defined in relation to certain issues that arise with ever-greater frequency, especially in cross-border transactions. This book investigates the applicable legal consensus for this issue, based on existing legislation and relevant judicial decisions. The legal issues in question arise from events, activities, and actualities treated in this book. Eighteen authors - bankers, lawyers, and academics - contribute their expertise to elucidate the issues and their implications. They draw their legal analyses from international norms such as the UNCITRAL Model Law, relevant EC directives and draft directives, the United States Uniform Electronic Transaction Act (UETA) and E-Sign Act and other national laws, as well as from numerous court decisions in Europe and the United States. The essays are based on papers originally presented at a conference sponsored by the Law Centre for European and International Cooperation (R.I.Z.) and held at Cologne in April 2001.

Market necessity for large concentrations of capital and the growing number of legal obligations placed upon those who handle other people's money have made conflict of interest and duty issues increasingly important in recent years. This work identifies conflicts of interest and duty within the financial services industry under Japanese and English law and examines their resolution and management. Little comparative research has so far focused on Japan and the UK, especially in the financial services industry. However, the influence of English common law pragmatism and the prominence of Japan and its financial institutions in the world economy make a detailed comparison of English and Japanese systems particularly important in this area of the law. The book explores, in legal and social terms, the notion of conflicts of interest and the social and cultural differences between the two jurisdictions in dealing with these conflicts. It examines specific issues of conflict and legal duty and legislative regulation, provides practical advice, and suggests ways forward to help minimize exposure to the consequences of conflict. Among those who should find the book useful are regulators and legislators involved in framing and implementing policy, business people concerned with compliance, their legal advisors, and others in the global financial community. The text may also appeal to those interested in comparative research in English and Japanese law.

The principles of equality and non-discrimination are a cornerstone of constitutional law and of international and European human rights law, and there is increasing recognition of the fact that any system of taxation must comply with them. This book examines how these principles influence the tax regimes of eight European jurisdictions. The authors examine the impact of the equality and non-discrimination principles on tax law and policy, with particular reference to their application in national courts and the European Court of Human Rights. The discussion focuses on an individual's right to appeal to the courts, the procedures for judicial review, and the core question of whether objective and reasonable justification exists for instances of unequal treatment of equal cases. This work should be of value to practitioners, policymakers, legislators, judges and researchers working in the field of taxation and human rights.

This book focuses on the experience of social dialogue in Turkey, which is a European Union candidate country. It argues that social dialogue constitutes one of the fundamental pillars of European social model and therefore should be analysed not only at the supranational level but also at the national, sectoral and workplace levels. The book critically examines social dialogue processes and mechanisms in Turkey at various levels, with focus on the workplace because it is shaped by socio-cultural elements which contain many variables. The book also identifies the shortcomings and structural impediments of social dialogue, and provides an empirically grounded theoretical explanation of social dialogue in Turkey. In the process, the book explains and clarifies key concepts to help readers grasp important points relevant to social dialogue, and contains interviews with social partners to take into consideration their views and recommendations on social dialogue. These in-depth interviews also provide a rare insight into the dynamics of social dialogue on the ground. By looking at social dialogue at various levels, the book offers a balanced view of its strengths and weaknesses in Turkey. This book is a valuable tool for students, academics and researchers interested in understanding the complex dynamics of social dialogue and workplace relations in Turkey.

This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions. It asks:
- Are the reform provisions, especially director duties of 'due diligence, ' sharply enough aimed to attain the goal of corporate accountability?
- Will it be easy or difficult for defendants to establish that due diligence was exercised?
- Is it possible that more reliance on self-policing may lead to less documenting and reporting of wrongs and dangers?
- What impact may schemes of greater self-monitoring have on State regulation?
- In what ways might corporations react to these demands that they become guardians of the public weal?
The authors -- each an authority in his or her respective jurisdiction -- recognize that the reforms are a reaction to the political problems created by the ill fit of the corporation with the economic and political value systems that we purport to hold dear. As they survey the ways that vibrant economies can frame laws to influence the conduct of directors and companies, they invite further exploration into the political, economic, practical, and evolutionary factors that may explain the convergence and divergence of both statute law and judicial doctrines and the desirability or inevitability of this deeply significant trend.

The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law. Assistant Editors: - Marta Otto - Effrosyni Bakirtzi

Conflicts of interest arise naturally in all walks of life, particularly in business life. As general and indeed inevitable phenomena, conflicts of interest should not be prohibited but properly managed. This book presents indepth analysis of such management in three areas of corporate governance where the conflict-of-interest problems are particularly acute: executive compensation, financial analysis, and asset management. "Conflicts of Interest" presents the results of a two-year-long research project bringing together academics and practitioners in both law and finance from Europe and the US under the auspices of the Centre for Banking and Financial Law of the University of Geneva. This book discusses the following issues: the duty of loyalty; remedies, such as disclosure, incentives, organizational measures; regulation and enforcement; and market considerations. With its intense focus on the material effects of actual conflicts of interest at the core of modern corporate governance and financial markets, this incomparable book will inform not only business people, practitioners, and academics, but also legislators, regulators, and all concerned with the far-reaching ramifications of conflict-of-interest management.

This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.

This book, co-written by a team of European competition law specialists, offers critical perspectives on the whole range of issues in EC competition law. The book has two distinctive features: the first is that unlike similar works which present the law from either an enforcement agency or practitioner perspective in a fairly conventional manner, this work offers fresh, critical reflections on the state of the law. The second is that the authors are young academics, practitioners and administrators who have worked in the relevant fields and who are relatively new "voices" in the competition law literature. Drawn from diverse jurisdictions and professional backgrounds the authors bring a distinctively "European" feel (for instance not drawing exclusively on English language literature), and manage to introduce debates that have been taking place in the non-English language world, thereby assisting a more comprehensive dialogue in this field. The diversity in their professional backgrounds means that each chapter adopts a different perspective, with some chapters focusing on practical solutions to problems, and others exploring more general theoretical questions. The textbook-like structure places the issues in their appropriate contexts and ensures that readers see how the discussion in each chapter links with the body of law as a whole. The book is aimed at academic lawyers and practitioners, complementing existing textbooks and allowing the reader to extend his or her understanding of the subject and provide a quick source of reference to the main doctrinal debates on the subject, and offer fresh perspectives on the topics covered. The impact of EC competition law beyond Europe also means that this book will appeal to lawyers in the US, Australia, Canada and beyond.

The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres' in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy; the notion of consumer welfare; the effect of the modernisation of EC competition law for consumers; economics theories of information, bounded rationality, and transaction costs; the special significance of vertical agreements and merger control; and, how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. "Competition Law and Consumer Protection" stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

In response to pirate attacks in the Western Indian Ocean, countries worldwide have increasingly authorized the deployment of armed guards from private military and security companies (PMSCs) on merchant ships. This widespread trend contradicts states' commitment to retain a monopoly on violence and discourage the presence of arms on civilian vessels. This book conceptualizes the extensive use of PMSCs as a form of institutional isomorphism, combining the functionalist, ideational, political and organizational arguments used to account for the privatization of security on land into a synthetic explanation of the commercialization of vessel protection.

Taxation of Legal Costs in South Africa provides clear and practical guidance on taxation of costs, which will assist in determining reasonable costs in line with the existing legal system. Taxation is about the quantification of legal costs and therein lies the crux of any costs issue. The book explains how the process of taxation exercises control over costs that are legally recovered so that fees and costs are reasonable. Taxation of Legal Costs in South Africa identifies the key aspects of costs and all aspects of taxation. It records and integrates the practices, rules, tariffs and judgments of court to provide a practical resource. The discretion that is applied in taxing bills of costs and the principles relied upon in reviewing taxations are discussed extensively. The book analyses maximum tariffs that legal practitioners may charge, which have a significant impact on both the public and the legal profession. The author also offers practical suggestions for solutions to challenges that arise in practice.

This book is a treatise against neoliberalism illuminated by the path of China. China is a model to be mimicked, but more so theoretically than by replication. If anything, nations of the global South must rid themselves of neoliberally imposed 'one-size-fits all' models, instrumentalised to shift value to US empire. Neoliberal models, robbing nations of their histories and resources, are negative 'best practice' serving the interests of the hegemon. Developing nations need to search for the theory that corresponds to their own conditions and development strategies. China's experience, anchored in labour as the historical agent, offers numerous theoretical cues as to how to build comparable home-grown paths. Thinking development with a subject voids reductionist politics in favour of sober class analysis. The study concludes by restating the age-old wisdom that there is no development without the rule of labour.

This text contains chapters covering a variety of legal issues. The first section deals with contractual matters, including joint venture contracts, agreements relating to agency, distribution, licensing and franchising, time sharing and preliminary agreements regarding the buying and selling of property. The second section deals with the privatization of former state-owned companies and monopolies, such as media organizations. Under the heading of "Corporate Law", joint stock companies, sub-chapter S corporations, takeovers and new company legislation are discussed. The section on securities and investment deals, in particular, with the area of foreign investment, including tax incentives and the regulation of investments. There is also a section on taxation, which concentrates on offshore jurisdictions, and a section on general commercial issues. The topics covered in this final section vary to include technology transfer, evidential procedures, free trade areas, the regulation of resources, anti-trust matters, dispute resolution and new commercial legislation.